Emory Law Journal

Volume 67Issue 1

Insider Trading: The Problem with the SEC’s In-House ALJS

Lucille Gauthier | 67 Emory L.J. 123 (2017)

Negative publicity surrounding SEC administrative law judges (ALJs) have brought their credibility into question. Concerns about the ALJs have been furthered by the SEC’s increased use of administrative proceedings and its success rate in those proceedings. This Comment looks to the possible sources of bias and evaluates the most prominent proposals to reduce bias. This Comment concludes that these proposals are inadequate and instead proposes a new solution: restructuring the system of how ALJs are selected into a neutral pool of judges who would be assigned randomly to different federal agencies.

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Tragedy of the Commonality: A Substantive Right to Collective Action in Employment Disputes

Spencer Stephens | 67 Emory L.J. 157 (2017)

The apparent conflict between the National Labor Relations Act (NLRA), which protects employees’ ability to overcome oppressive employment collectively, and the Federal Arbitration Act (FAA), which provides for judicial facilitation of arbitration disputes, has led the Supreme Court to take a negative position on invalidating arbitration agreements, even when those agreements restrict the substantive rights of employees. This Comment argues that the NLRA and FAA do not conflict and the Supreme Court should adopt the effective vindication exception to invalidate individual arbitration agreements that prohibit employees from utilizing collective action in an employment dispute.

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