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Federalism Limits On Non-Article Iii Adjudication, F. Andrew Hessick
Federalism Limits On Non-Article Iii Adjudication, F. Andrew Hessick
Pepperdine Law Review
Although Article III of the Constitution vests the federal judicial power in the Article III courts, the Supreme Court has created a patchwork of exceptions permitting non-Article III tribunals to adjudicate various disputes. In doing so, the Court has focused on the separation of powers, concluding that these non-Article III adjudications do not unduly infringe on the judicial power of the Article III courts. But separation of powers is not the only consideration relevant to the lawfulness of non-Article III adjudication. Article I adjudications also implicate federalism. Permitting Article I tribunals threatens the role of state courts by expanding federal …
Congress's Power To Regulate The Federal Judiciary: What The First Congress And The First Federal Courts Can Teach Today's Congress And Courts , Paul Taylor
Pepperdine Law Review
No abstract provided.