Securities
Dec. 8, 2015
Plans to fix SEC home court advantage go too far
Since the Dodd-Frank Act permitted the SEC to bring virtually every securities case in front of its own ALJs, litigants have challenged the administrative law program's constitutionality. By Lee Linderman
Shortly after the Dodd-Frank Act awarded the Securities and Exchange Commission permanent home court advantage by permitting it to bring virtually every case in front of its own administrative law judges, the agency has come under fire by litigants nationwide who claim the program is unconstitutional. These cases have a common theme - the SEC's administrative forum deprives defendants of due process - with new legal theories arisi...
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