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Expert Analysis

Why The Supreme Court Could Rule ALJs Unconstitutional

By David Perlman and Britt Steckman (October 16, 2017, 11:25 AM EDT) -- Recent federal circuit court of appeals decisions have cast doubt on the constitutionality of the use of administrative law judges in adjudicative proceedings. ALJs are widely used to adjudicate disputes and enforcement actions in regulated industries, including in administrative proceedings overseen by the Federal Energy Regulatory Commission and the U.S. Securities and Exchange Commission.[1]...

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