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Full-Text Articles in Securities Law

Administrative Law Judges And The Erosion Of The Administrative State: Why Jarkesy May Be The Straw That Breaks The Camel's Back, Nicholas D'Addio Apr 2024

Administrative Law Judges And The Erosion Of The Administrative State: Why Jarkesy May Be The Straw That Breaks The Camel's Back, Nicholas D'Addio

Catholic University Law Review

The Trump-era unitary executive movement sought to expand presidential

power and shrink the influence of the administrative state through deregulation.

This movement ripples into the present moment, as Trump’s overhaul of the

federal judiciary installed a comprehensive system to delegitimize

administrative agency action— a system that is certain to endure. The

independence and role of administrative law judges (ALJs) has proven a key

target of the movement. Most recently, in the 2022 case of Jarkesy v. Securities

and Exchange Commission, the Fifth Circuit held that the dual-tiered for-cause

removal protections of SEC ALJs violated the Take Care Clause of Article …


Lucia V. Sec: The Debate And Decision Concerning The Constitutionality Of Sec Administrative Proceedings, Elizabeth Wang Jan 2017

Lucia V. Sec: The Debate And Decision Concerning The Constitutionality Of Sec Administrative Proceedings, Elizabeth Wang

Loyola of Los Angeles Law Review

No abstract provided.