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Full-Text Articles in Law

Marshall J. Breger & Gary J. Edles, Independent Agencies In The United States—Law, Structure, And Politics, Roberta S. Karmel Sep 2016

Marshall J. Breger & Gary J. Edles, Independent Agencies In The United States—Law, Structure, And Politics, Roberta S. Karmel

Catholic University Law Review

Roberta S. Karmel, Centennial Professor of Law and Co-Director of the Dennis J. Block Center for the Study of International Business Law at Brooklyn Law School, reviews Marshall J. Breger & Gary J. Edles new book Independent Agencies in the United States: Law, Structure, and Politics.

Professor Karmel examines and evaluates each chapter of Independent Agencies in the United States: Law, Structure, and Politics from her own unique perspective based on her experience as a staff member and, later, commissioner of the Securities and Exchange Commission, director of the New York Stock Exchange, and member of the National Association of …


Many Key Issues Still Left Unaddressed In The Securities And Exchange Commission's Attempt To Modernize Its Rules Of Practice, Joseph Quincy Patterson Jun 2016

Many Key Issues Still Left Unaddressed In The Securities And Exchange Commission's Attempt To Modernize Its Rules Of Practice, Joseph Quincy Patterson

Notre Dame Law Review

This Note analyzes and explains the current issues and criticism regarding the SEC’s use of ALJs. In particular, this Note recommends that the SEC ratify its ALJs in accordance with constitutional requirements, create a rigid formula for its forum selection, and amend its Rules of Practice to align more closely to the procedural due process rights in federal district courts. As many of these topics are currently being discussed in federal courts of appeals and within the SEC—through its proposed amendments to the Rules of Practice—this Note intends to add to the discussion on a topic with very little scholarly …