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