Title: The Deconstruction of the Administrative Judiciary
Abstract: This article addresses the controversial divergence of opinions by the U.S. Court of Appeals for the Tenth Circuit and the U.S. Court of Appeals for the District of Columbia regarding the constitutionality of the appointment of administrative law judges. After a thorough analysis of both decisions, the author concludes the Tenth Circuit's holding that the Securities and Exchange Commission's administrative law judges are inferior officers under the Appointments Clause is well-reasoned and correctly applies Supreme Court precedent. The author then discusses the impact this holding will have on the administrate adjudicatory process if the Tenth Circuit's decision is upheld by the Supreme Court. The author concludes by addressing potential means for reconstructing the administrative judiciary.
Publication Year: 2017
Publication Date: 2017-09-01
Language: en
Type: article
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