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The Corporations, Securities & Antitrust panel on Thursday was all about constitutional law. With new authority from Dodd-Frank, the SEC has been having certain enforcement actions determined by ALJs, which previously would have had to have been brought in federal courts. Stephen Crimmins described the changed landscape and challenges facing defendants and their counsel. Then the three of us academics covered the jurisdictional and constitutional issues being raised by defendants—specifically, the Appointments Clause, the removal issues, due process, and the Seventh Amendment right to jury trial. The moderator, Scott Kieff, a Commissioner at the International Trade Commission, then described the different dynamics within administrative agencies and the incentives influencing ALJs. The audio of the panel discussion has been posted.
