Letter from the Editor, Summer 2025
Dear Reader, The Georgetown Journal of Law & Public Policy is pleased to present the second issue of Volume 23. This issue unites timely scholarship on one of the most […]
A Historical Case for a Robust but Non-Remedial Seventh Amendment
In SEC v. Jarkesy, the Supreme Court rightly held that the Seventh Amendment required a jury trial for a case fundamentally similar to common law fraud, and it rightly limited […]
Quasi-Governmental Prosecution After Jarkesy
Securities and Exchange Commission v. Jarkesy—which held that Article III of the Constitution and the Seventh Amendment prohibit the Securities and Exchange Commission (“SEC”) from penalizing wrongdoers using non-jury administrative […]
Agency Enforcement Proceedings and the Major Questions Doctrine
In recent years, the Supreme Court has significantly checked the power of federal administrative agencies to change the law through the issuance of regulations. But in 2024, the Supreme Court […]
Defining The Public-Rights Exception After Jarkesy
For decades the U.S. Supreme Court has acknowledged that it has no definition of the public-rights exception. Recent cases, culminating in SEC v. Jarkesy, reflect a clear sense that the […]
Extending Jarkesy: The Constitutionality of the Aviation Administrative Enforcement Process
Last year the Supreme Court decided SEC v. Jarkesy. Of the three issues pre-sented, the Court ruled on just one of them: whether the Securities and Exchange Commission’s (SEC) administrative […]
The Fiduciary Constitution, the Separation of Powers, and the Legal Landscape After SEC v. Jarkesy
For decades, the American people’s right to a jury trial under the Seventh Amendment was severely curtailed by Congress, the executive branch, and the judiciary. To implement “functional government,” Congress […]
Waiver of the Seventh Amendment (and Other Constitutional Rights) After SEC v. Jarkesy
SEC v. Jarkesy holds that under the Seventh Amendment there is a right to a jury trial when the Securities and Exchange Commission (SEC) brings a securities fraud enforcement action […]
After Jarkesy: Toward a Theory of our Independent Judiciary and the Original Model of Adjudication Inside Article III
The independence of the judiciary, rule of law, and trial by jury are hard won treasures of the American legal order. Over the course of centuries, the English people developed […]
On Constitutional Stare Decisis
Constitutional stare decisis as currently practiced at the Supreme Court presents a conundrum for formalists. Following precedent is a neutral rule of decision, but it is not an inexorable command. […]
Breaking the Black Box: Reexamining Judicial Deference in National Security Issues Post-Loper Bright
In the landscape of U.S. administrative law, few topics command as much intrigue and controversy as judicial deference to national security agencies. The Supreme Court’s decision in Loper Bright Enterprises […]
Statistically Significant Judging: Mechanizing Originalism Through Corpus Linguistics and AI
In interpreting the U.S. Constitution, accuracy, transparency, and replicability are increasingly important. A recent poll showed that most Americans believe that United States Supreme Court Justices sacrifice impartiality for ideology. […]