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Expert Analysis

ALJs Check Their Own Work, With Unsurprising Results

By Marc Fagel ( March 2, 2018, 11:33 AM EST) -- Legal challenges to the manner in which the U.S. Securities and Exchange Commission appoints its in-house administrative law judges have been something of a cottage industry in recent years. These challenges will come to a head in April, when the Supreme Court is expected to hear arguments in Lucia v. SEC, a case raising the issue of whether the SEC's ALJs are officers of the United States within the meaning of the Constitution's appointments clause.[1]...

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