We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
The Unconstitutional Assertion of Inherent Powers in Multidistrict Litigations.
- Authors
Pushaw Jr., Robert J.; Silver, Charles
- 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.
- Subjects
INHERENT powers doctrine; FEDERAL courts; MULTIDISTRICT litigation; DUE process of law; JUDICIAL power; UNITED States. Constitution
- Publication
Brigham Young University Law Review, 2023, Vol 48, Issue 6, p1869
- ISSN
0360-151X
- Publication type
Article