The 3rd factor, the idea hidden the latest deviation out-of Article III adjudication, provides little independent force
The 3rd factor, the idea hidden the latest deviation out-of Article III adjudication, provides little independent force That factor looks to whether Congress has attempted to “emasculate” the judiciary by enacting a particular binding arbitration requirement. Thus, Article III prohibits Congress from “creat[ing] a phalanx of non-Article III tribunals equipped to handle the entire business …