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The Unconstitutional Assertion of Inherent Powers in Multidistrict Litigations.

Authors :
Pushaw Jr., Robert J.
Silver, Charles
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