Administrative Enforcement: An Evaluation of the Securities and Exchange Commission's Use of Injunctions and Other Enforcement Methods

The author evaluates the enforcement mechanisms employed by the Securities and Exchange Commission (SEC) in terms of both legal standards applied to SEC actions and the efficiency of current enforcement efforts. The potential for increasing effectiveness of SEC enforcement through expanded investigatory and adjudicatory powers at the administrative level and through decreased emphasis on injunctive relief is discussed. Finally, the author outlines the anticipated effects of recent developments in the field, including the Supreme Court decision in Parklane Hosiery Co. v. Shore and the approval by the American Law Institute of the proposed Federal Securities Code.