Emory Law Journal


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.