Avoiding Independent Agency Armageddon
Barnett, Kent H.
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Abstract
The article discusses the U.S. Supreme Court case Free Enterprise Fund v. Public Co. Accounting Oversight Board (FEF), where in the use of two layers of tenure for the protection of members of Public Company Accounting Oversight Board (PCAOB) has been invalidated by the court. It informs about preserving U.S. President's removal power and agency independence without disturbing Free Enterprise Fund. It further suggests courts to distinguish various tiered tenure-protection provisions.