Abstract

http://ssrn.com/abstract=171531
 


 



Creating Law at the Securities and Exchange Commission: The Lawyer as Prosecutor


Roberta S. Karmel


Brooklyn Law School


Law & Contemporary Problems, Vol. 61, P. 33, 1998

Abstract:     
This essay discusses the role of the SEC prosecutor when expanding the SEC's authority through the development of new legal theories in the context of the ethical obligations of a government lawyer. Two basic questions are raised concerning such ethical obligations. If the obligation of a government prosecutor is not simply zealous representation of a client, but also the obligation to seek justice, is it appropriate to use enforcement cases as policy instruments to achieve new legal standards? How does a government lawyer acting as a prosecutor in a novel case balance obligations to the public at large against fair treatment of an individual defendant? This essay also discusses the tensions between the enforcement staff and SEC Commissioners with respect to the process of law creation.

Accepted Paper Series


Not Available For Download

Date posted: September 13, 1999  

Suggested Citation

Karmel, Roberta S., Creating Law at the Securities and Exchange Commission: The Lawyer as Prosecutor. Law & Contemporary Problems, Vol. 61, P. 33, 1998. Available at SSRN: http://ssrn.com/abstract=171531

Contact Information

Roberta S. Karmel (Contact Author)
Brooklyn Law School ( email )
250 Joralemon Street
Brooklyn, NY 11201
United States
(718) 780-7946 (Phone)
(718) 780-0375 (Fax)

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