Inherent Power to Impose Sanctions: How a Federal Judge Is Like a 800-Pound Gorilla

Date

1994

Authors

Baker, Thomas E.

Journal Title

Journal ISSN

Volume Title

Publisher

Review of Litigation

Abstract

Debate over sanctions has captured the attention of the legal profession following each Rule 11 amendment. Curiously, there are no Goldilocks who find the Rule "just right"; everyone complains that it is either too strong or too weak. But in a significant sense, all the debate and controversy is beside the point. Suppose that someone said that a federal judge has the power to impose sanctions without the authority of Rule 11 and would have the 'power even if Rule 11 were abolished? Professor Baker seeks to answer this question by plumbing the depths of the inherent power of federal courts to sanction litigants.

Description

Keywords

Rule 11 amendment

Citation

14 Rev. Litig. 195