The Powell Perspective™

06/02/2025

Publius

SEC v. Jarkesy: A Blow to the Administrative State

The Supreme Court's decision in Securities and Exchange Commission v. Jarkesy has significant implications for the administrative state. The court ruled that the SEC's in-house enforcement proceedings are unconstitutional because they violate the Seventh Amendment right to a jury trial. This decision limits the SEC's ability to impose civil penalties in administrative proceedings, potentially affecting its enforcement strategies. The ruling has sparked debate about the scope of administrative agencies and their ability to adjudicate matters traditionally within the judicial realm. Full article - https://www.scotusblog.com/cases/case-files/securities-and-exchange-commission-v-jarkesy/

The Unfolding Meaning of Jarkesy

The case of Securities and Exchange Commission v. Jarkesy highlights ongoing debates about the administrative state and the proper roles of the judiciary. The Supreme Court's decision, which focused on the Seventh Amendment but also touched on Article III concerns, has raised questions about its broader implications for regulatory agencies. The ruling suggests that the Court is reevaluating the boundaries between public and private rights, potentially impacting how administrative agencies operate. Full article - https://www.yalejreg.com/nc/the-unfolding-meaning-of-jarkesy-by-matthew-strada/

The RE Doctor

California's New ADU Handbook for 2025

California has updated its Accessory Dwelling Unit (ADU) Handbook for 2025, reflecting significant changes in ADU regulations. The handbook clarifies how ADU laws interact with existing housing policies, such as Senate Bill 9, and introduces streamlined approval processes, including pre-approved plans and concurrent permit reviews for garage conversions. It also addresses owner rights, impact fees, and protections against HOA restrictions. These changes aim to increase housing accessibility and development flexibility in California. Full article - https://ahcd.assembly.ca.gov/system/files/2025-03/adu-handbook-update.pdf

Workforce Housing for Higher Education Institutions

This article explores how higher education institutions can develop workforce housing programs, leveraging partnerships with private developers or utilizing their own land assets. Universities can create affordable housing options for staff and faculty through various models, such as joint ventures or purchasing existing multifamily properties. This approach aligns with strategic objectives and can address specific campus needs, offering a valuable solution for workforce housing challenges. Full article - https://www.jpmorgan.com/insights/real-estate/commercial-real-estate/workforce-housing-for-higher-education-institutions

Skier Tom

PSIA Certification and Ski Instruction

This article discusses the PSIA-AASI certification process for ski instructors, highlighting the importance of quality training and education in the field of skiing. The Professional Ski Instructors of America (PSIA) and the American Association of Snowboard Instructors (AASI) provide standards and certifications that are recognized worldwide, ensuring instructors are proficient in their skills. The certification process involves completing on-snow teaching or training hours and familiarizing oneself with PSIA standards. Full article - https://thesnowpros.org/get-certified/

Wilderness Education and Outdoor Leadership

This article explores the Wilderness Education Association's (WEA) programs focused on outdoor leadership, including the Certified Outdoor Leader (COL) and Certified Outdoor Educator (COE) credentials. These programs emphasize practical skills and training in outdoor activities such as skiing, rock climbing, and mountaineering, preparing individuals for leadership roles in outdoor environments. The WEA approach ensures that leaders are equipped to teach and assess outdoor skills effectively. Full article - https://www.weainfo.org/programs

Founder's Paradox

Founder-Proofing Your Startup

Founder-proofing is a strategy that involves implementing legal and organizational structures to mitigate risks associated with founder dynamics. This approach is crucial in startups, where founder behavior can significantly impact the company's success. It involves creating systems that ensure accountability and transparency, preventing potential legal and financial risks. Implementing such strategies early on can help startups build resilience and adaptability.

Full article - https://www.svrlawyers.com/news-highlights-posts/2025/2/6/start-smart-founder-proof-your-startup

The Perils of Founder Worship

This article discusses the phenomenon of founder worship, where founders are often elevated to an almost mythical status. It highlights the dangers of this phenomenon, particularly in how it can lead to poor corporate governance and decision-making. Using examples like Sam Bankman-Fried and FTX, it illustrates how founder worship can amplify risks and undermine effective leadership. Understanding these perils is essential for building sustainable and well-governed startups.

Full article - https://clsbluesky.law.columbia.edu/2025/05/20/the-perils-of-founder-worship/

Secrets of Capital Raising

Private Equity Outlook 2025: Returns Potential

This article from Morgan Stanley discusses the potential for private equity returns in 2025. It highlights how a stabilizing economy could lead to increased transaction activity, providing new investment opportunities and a return of capital to investors. The focus remains on value creation, particularly in the middle market, where exit alternatives are more diverse compared to larger companies. The report also notes the growing need for growth equity and hybrid capital as venture-backed companies stay private longer.

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This article by DFIN outlines key trends in the private equity landscape for 2025. It emphasizes evolving regulations, technological advancements, and sector specialization as major drivers. The article highlights strategic exits, including IPOs, secondary buyouts, and strategic sales, as crucial for optimizing returns and liquidity. Additionally, it discusses how sector-focused funds attract investors seeking targeted diversification in volatile markets.

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