Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  



Striving for Justice

| No Comments

Mark Cuban has not forgotten the agency he defeated in court. He has embarked on a plan to post Securities and Exchange Commission trial transcripts on his blog. SEC lawyers make mistakes just as everyone else does, so this project will undoubtedly bring some embarrassing moments to light and laughter. The first episode of candid courtroom commenced on a more serious note. Federal district court judge William S. Duffey, Jr. chides the SEC for "looking at a case late and finding an issue and evidence that they want to admit and trying to find a rationalization for it." As the judge explains, the SEC's objective should be for "a just result and not just for a result." The judge may have put his finger on the hardest part of an SEC enforcement attorney's job. There is an understandable thrill in making a wrongdoer pay for violating the law. Carrying out investigative and trial responsibilities in order simply to achieve a just result is much less satisfying. Justice may demand that a case get dropped or that a particular tactic for securing victory be avoided. The SEC and other government agencies must do their part by rewarding good lawyering even if it does not result in a checkmark in the government's win column.

Leave a comment

Once submitted, the comment will first be reviewed by our editors and is not guaranteed to be published. Point of Law editors reserve the right to edit, delete, move, or mark as spam any and all comments. They also have the right to block access to any one or group from commenting or from the entire blog. A comment which does not add to the conversation, runs of on an inappropriate tangent, or kills the conversation may be edited, moved, or deleted.

The views and opinions of those providing comments are those of the author of the comment alone, and even if allowed onto the site do not reflect the opinions of Point of Law bloggers or the Manhattan Institute for Policy Research or any employee thereof. Comments submitted to Point of Law are the sole responsibility of their authors, and the author will take full responsibility for the comment, including any asserted liability for defamation or any other cause of action, and neither the Manhattan Institute nor its insurance carriers will assume responsibility for the comment merely because the Institute has provided the forum for its posting.

Related Entries:



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.