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" ... A graduate’s participation in the program can be limited by the court or administrative tribunal in which a matter takes place. Though there has been no clarification on this matter, it is disturbing to many of these applicants that courts and administrative tribunals reserve the right to reduce a program participant’s involvement to that of a law clerk or legal assistant. ... "
" ... Rather than tinker with the constitutionally flawed ALJ regime, a better approach would simply disband the unfair, in-house administrative tribunals and force the SEC and similar agencies to litigate their enforcement cases in Article III courts. This solution has the virtues of preventing any further problems with the legitimacy of ALJs, ensuring that defendants receive the full panoply of constitutional rights and encouraging the SEC to focus on cases where it will be able to convince truly independent judges that a securities law violation occurred. The alternative—papering over this problem with ratification and other half-measures—could cause the whole house of cards to collapse. ... "
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