Corporate Exceptionalism: What's Behind the Business Community's Newfound Love of Jury Trials

Authors

Richard H. Frankel, Drexel University Thomas R. Kline School of LawFollow

Abstract

2024 was another year of blockbuster Supreme Court decisions. These range from expanding presidential immunity from criminal prosecution, overruling the Chevron doctrine, addressing access to the abortion drug mifepristone, setting standards regarding the power of federal agencies, and others. One case that has flown under the radar, at least outside of administrative law circles, is SEC v. Jarkesy. On its surface, the Supreme Court narrowly held that “the Seventh Amendment entitles a defendant to a jury trial when the [Securities and Exchange Commission (SEC)] seeks civil penalties against him for securities fraud,” rather than being required to proceed in an administrative tribunal.

Recommended Citation

Frankel, Richard H. (2025) "Corporate Exceptionalism: What's Behind the Business Community's Newfound Love of Jury Trials," Widener Commonwealth Law Review: Vol. 34: Iss. 1, Article 4.
Available at: https://cwldc.widener.edu/wclr/vol34/iss1/4