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28 Jun 2024, 10:51 am
The case turns on the Seventh Amendment’s jury trial guarantee. [read post]
28 Jun 2024, 8:40 am
Guilty verdicts after trial: 1. [read post]
28 Jun 2024, 8:01 am
"Chevron, Roberts explains, 'defies the command of' the Administrative Procedure Act, the law governing federal administrative agencies, 'that the reviewing court--not the agency whose action it reviews--is to decide all relevant questions of law and interpret ... statutory provisions. [read post]
28 Jun 2024, 6:34 am
For good reason the Administration does not want to release the recording. [read post]
28 Jun 2024, 6:17 am
ShareThe court ruled on Thursday that the Securities and Exchange Commission’s routine practice of imposing fines in its administrative proceedings, used to penalize securities fraud, violates the Seventh Amendment “right of trial by jury” in all “suits at common law. [read post]
28 Jun 2024, 4:15 am
In a 6-3 decision, the Supreme Court held that the SEC unlawfully used its administrative proceedings involving administrative law judges for cases alleging securities fraud. [read post]
28 Jun 2024, 3:00 am
Judge Cannon Asks about Attorney General Garland’s Oversight of Trump Trials MSN – Perry Stein (Washington Post) | Published: 6/21/2024 U.S. [read post]
28 Jun 2024, 12:15 am
It will be interesting to see if Jarkesy will inspire California courts to arrive at a different result with respect to administrative penalties under the CSL. [read post]
27 Jun 2024, 10:00 pm
Jarkesy held that the Seventh Amendment of the US Constitution entitles a defendant to a jury trial when the US Securities and Exchange Commission (SEC or Commission) seeks civil penalties for securities fraud, and thus that the SEC may not seek such penalties through its own “in-house” administrative enforcement proceedings, which lack juries. [read post]
27 Jun 2024, 10:00 pm
Jarkesy held that the Seventh Amendment of the US Constitution entitles a defendant to a jury trial when the US Securities and Exchange Commission (SEC or Commission) seeks civil penalties for securities fraud, and thus that the SEC may not seek such penalties through its own “in-house” administrative enforcement proceedings, which lack juries. [read post]
27 Jun 2024, 10:00 pm
Jarkesy held that the Seventh Amendment of the US Constitution entitles a defendant to a jury trial when the US Securities and Exchange Commission (SEC or Commission) seeks civil penalties for securities fraud, and thus that the SEC may not seek such penalties through its own “in-house” administrative enforcement proceedings, which lack juries. [read post]
27 Jun 2024, 10:00 pm
Jarkesy held that the Seventh Amendment of the US Constitution entitles a defendant to a jury trial when the US Securities and Exchange Commission (SEC or Commission) seeks civil penalties for securities fraud, and thus that the SEC may not seek such penalties through its own “in-house” administrative enforcement proceedings, which lack juries. [read post]
27 Jun 2024, 10:00 pm
Jarkesy held that the Seventh Amendment of the US Constitution entitles a defendant to a jury trial when the US Securities and Exchange Commission (SEC or Commission) seeks civil penalties for securities fraud, and thus that the SEC may not seek such penalties through its own “in-house” administrative enforcement proceedings, which lack juries. [read post]
27 Jun 2024, 10:00 pm
Jarkesy held that the Seventh Amendment of the US Constitution entitles a defendant to a jury trial when the US Securities and Exchange Commission (SEC or Commission) seeks civil penalties for securities fraud, and thus that the SEC may not seek such penalties through its own “in-house” administrative enforcement proceedings, which lack juries. [read post]
27 Jun 2024, 9:05 pm
In lower court proceedings, the trial court had “vacated all agency action” enforcing the Task Force’s recommendations. [read post]
27 Jun 2024, 4:33 pm
[The Supreme Court held today that the Seventh Amendment right to a civil jury trial in fraud cases was violated when an administrative law judge of the S.E.C. decided the case.] [read post]
27 Jun 2024, 2:38 pm
This injunction has the effect of allowing the court to give the NLRB whatever temporary “relief” is necessary until the case is resolved or goes to trial, depending on the situation at hand. [read post]
27 Jun 2024, 2:32 pm
The key changes related to meetings are: Board of Administration Meetings (s. 718.112(2)(c)): a. [read post]
27 Jun 2024, 2:08 pm
Jarkesy and Patriot28 are entitled to a jury trial in an Article III court. [read post]
27 Jun 2024, 2:06 pm
I am delighted to announce that the International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique has published its Vol. 37(4), a special issue edited by Rob Kahn, Simona Stano, and Mario Ricca--Subjectivities, Religion, Discrimination: Spaces and Lexical Imaginaries for Ubiquitous Justice. [read post]
