Season 3, Episode 52 (Show 156): Juries, Jarkesy, and a Joke

December 20, 2023

We analyze the recent oral arguments in the SEC v. Jarkesy case, with important 7th amendment and executive branch implications.  And something happened in Colorado.

CLE Credit Available for this episode.

The administrative state is up for grabs, some say, in the case of SEC v. Jarkesy, which was argued before the Supreme Court recently.  We have another “clip” episode, with Akhil weighing in on attorneys and justices alike.  It’s particularly appropriate in this case, because so much of the case concerns juries and the 7th amendment – which, by the way, Akhil has written extensively on.  That’s probably why he’s cited in so many of the briefs.  We also heard some noise out of Colorado, by the way

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

How to get Continuing Legal Education Credit for listening!

Virtually all lawyers and judges admitted to practice anywhere in the USA can obtain CLE (Continuing Legal Education) credit after listening to this episode by visiting podcast.njsba.com.  You do not have to be a New Jersey lawyer or resident or admitted to the NJ Bar; essentially every state has reciprocity arrangements with New Jersey.  When you visit the site you fill out a form and provide the code Andy read during the episode, pay a small fee, and within two weeks you will receive the certificate from New Jersey.  It couldn’t be easier.  Thanks to the New Jersey Bar Association for making this possible!  Note, too, that other podcast episodes from our “back catalog” now qualify for this credit as well.  See notes below on this.

Click to go to the website for CLE credit

Reinventing Juries - Ten Suggested Reforms

Professor Amar writes on the jury in this article based upon his 1995 Edward L. Barrett Lecture at UC Davis.

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Atlas Roofing Co., Inc. v. Occupational Safety And Health Review Commission Et Al.

Atlas Roofing v. OSH Review Commission, 430 US 442 (1977).  A case which many, particularly Justice Kagan, believed addressed very similar issues to those found in this case, with a unanimous opinion written by Justice Byron White.

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US Constitution Amendment 7

The text of the 7th Amendment to the Constitution.

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SEC v. Jarkesy, Oral Argument transcript

The entire transcript of the oral argument in SEC v. Jarkesy.

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