Constitutionality of Administrative Law Judges at the SEC and Elsewhere
2,054 views · Published 13 November 2015 · 1:29:09 · Indexed 14 November 2026
Channel: The Federalist Society · 2015 · News & Politics
The Securities and Exchange Commission (SEC) has recently increased its use of administrative proceedings, before Administrative Law Judges (ALJs), to seek civil penalties, as an alternative to proceeding in an Article III court. Other federal regulatory and enforcement agencies use ALJs for various purposes at various rates. Although no single set of rules governs all ALJs, they typically differ from Article III courts in important ways, bringing their use under recent criticism. As two examples, ALJs do not enjoy life tenure and they are sometimes employed by and answerable to the agency itself. Our panel will discuss the pros and cons of the use of ALJs at the SEC and other agencies. Corporations: Constitutionality of Administrative Law Judges at the Securities and Exchange Commission and Elsewhere --Prof. John S. Baker, Jr., Visiting Professor, Georgetown University Law Center --Mr. Stephen J. Crimmins, Shareholder, Murphy & McGonigle PC --Prof. Todd E. Pettys, H. Blair and Joan V. White Chair in Civil Litigation, University of Iowa College of Law --Prof. Tuan Samahon, Villanova University School of Law --Moderator: Hon. F. Scott Kieff, Commissioner, International Trade Commission
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