Legislative Courts, Administrative Agencies, and the \u3cem\u3eNorthern Pipeline\u3c/em\u3e Decision

Abstract

In Northern Pipeline Construction Co. v. Marathon Pipe Line Co., the Supreme Court held unconstitutional the exercise of the jurisdiction of the Bankruptcy Courts because their judges lacked article 111 s protections of salary and tenure. In so holding the Court significantly altered the criteria for deciding what cases have to be heard by judges with article 111 protections. In this article, Professor Redsh criticizes the criteria adopted by the Justices, and suggests alternative criteria which would better foster the values behind the independence protections of article III In addition, he examines the implications of the various criteria for the continued use of administrative agencies as adjudicators of federal law

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