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The Unconstitutional Assertion of Inherent Powers in Multidistrict Litigations.
- Source :
-
Brigham Young University Law Review . 2023, Vol. 48 Issue 6, p1869-1959. 91p. - Publication Year :
- 2023
-
Abstract
- The article examines the constitutionality of the U.S. federal court's independent exercise of inherent powers (IP) in multidistrict litigations (MDL) despite the lack of authorization by Congress. Also cited are the claim by the Supreme Court that the Constitution allows the use of IP in the exercise of judicial power under Article III, and the need to ensure the parties' due process rights when exercising IPs.
Details
- Language :
- English
- ISSN :
- 0360151X
- Volume :
- 48
- Issue :
- 6
- Database :
- Academic Search Index
- Journal :
- Brigham Young University Law Review
- Publication Type :
- Academic Journal
- Accession number :
- 164786294