The Right to a Jury: SEC v. Jarke...
The Right to a Jury: SEC v. Jarkesy and the Limits of Agency Enforcement

Administrative Remedies by Gwendolyn Savitz and Marc Roark

Episode notes

The parents leave a rule: milk with dinner. The babysitter enforces it — no problem. But when one kid hits the other, does the babysitter handle that too? She saw the whole thing, she knows the context, and she's been managing exactly these situations for years. But hitting was wrong before she ever showed up. In SEC v. Jarkesy, the Supreme Court drew that same line through agency enforcement. Gwen and Marc trace the public rights doctrine from Murray's Lessee in 1855 through Atlas Roofing in 1977 — the case agencies relied on for nearly fifty years — to explain why the Court decided that when the SEC pursues civil penalties for securities fraud, the Seventh Amendment requires a jury trial. The problem: the opinion never clearly explains why fraud causing financial loss is closer to the common law core than negligence c ... 

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Keywords
Supreme Court explainedagency expertiseadjudicationformal adjudicationAdministrative law judges (ALJs)Due process Combining investigative and adjudicative functions
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