Tag Archives: Paul Mishkin

Fifth Circuit holds the SEC’s administrative adjudications to be unconstitutional

by Greg D. Andres, Uzo Asonye, Martine M. Beamon, Robert A. Cohen, Daniel S. Kahn, Tatiana R. Martins, Paul S. Mishkin, Fiona R. Moran, Paul J. Nathanson, and David B. Toscano

On May 18, the U.S. Court of Appeals for the Fifth Circuit ruled that the SEC’s administrative proceedings are unconstitutional on three independent grounds.  The decision could potentially have a significant impact on the constitutionality of administrative adjudications by other federal agencies as well.

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