commodity
futures
trading
schor
argued
april
decided
july
section
commodity
exchange
act
cea
provides
person
injured
commodity
broker
violation
act
regulations
commodity
futures
trading
commission
cftc
may
apply
cftc
order
directing
offender
pay
reparations
complainant
may
enforce
order
federal
district
cftc
promulgated
regulation
allows
reparations
proceeding
adjudicate
counterclaims
aris
ing
transaction
occurrence
series
transactions
occurrences
set
forth
complaint
respondents
filed
separate
reparations
complaints
later
consolidated
cftc
petitioner
commodity
futures
broker
petitioner
one
employees
alleging
debit
balance
accounts
petitioner
resulting
respondents
futures
trading
losses
expenses
excess
funds
deposited
accounts
result
petitioner
violations
cea
meantime
petitioner
filed
diversity
action
federal
district
recover
debit
balance
respondents
moved
dismiss
ground
reparations
proceeding
resolve
rights
parties
petitioner
voluntarily
dismissed
action
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balance
claims
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proceeding
administrative
law
judge
alj
proceeding
ruled
petitioner
favor
respondents
claims
petitioner
counterclaims
respondents
first
time
challenged
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authority
adjudicate
counterclaims
alj
rejected
challenge
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declined
review
decision
allowing
become
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respondents
filed
petition
review
appeals
upheld
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decision
respondents
claims
respects
ordered
dismissal
petitioner
counterclaims
ground
cftc
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authority
adjudicate
common
law
counterclaims
held
light
constitutional
problems
posed
cftc
adjudication
counterclaims
cea
construed
authorize
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adjudicate
counterclaims
arising
violations
cea
cftc
regulations
held
cea
empowers
cftc
entertain
state
law
counterclaims
reparations
proceedings
pp
appeals
reading
cea
permitted
avoid
potential
article
iii
problem
violence
statute
distinction
common
law
counterclaims
counterclaims
based
violations
statute
drawn
statute
language
history
reconciled
congressional
purpose
creating
reparations
proceedings
promote
efficient
dispute
resolution
pp
section
cea
empowers
cftc
promulgate
regulations
reasonably
necessary
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provisions
accomplish
purposes
cea
clearly
authorizes
regulation
providing
adjudication
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law
counterclaims
require
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examination
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dispute
destroy
efficacy
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remedy
pp
cftc
longstanding
interpretation
statute
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take
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petitioner
reasonable
well
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scope
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entitled
considerable
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amended
cea
since
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counterclaim
regulation
without
overruling
indeed
explicitly
affirmed
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authority
dictate
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pp
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jurisdiction
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law
counterclaims
violate
article
iii
constitution
pp
personal
right
article
iii
guarantee
impartial
independent
adjudication
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judiciary
subject
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respondents
indisputably
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right
may
full
trial
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counterclaims
article
iii
expressly
demanding
petitioner
proceed
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proceedings
rather
district
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express
waiver
respondents
election
forgo
right
proceed
state
federal
seek
relief
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constituted
effective
waiver
pp
cftc
common
law
counterclaim
jurisdiction
contravene
nonwaivable
protections
article
iii
affords
separation
powers
principles
examination
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scheme
light
number
factors
including
extent
essential
attributes
judicial
power
reserved
article
iii
courts
conversely
extent
iii
forum
exercises
range
jurisdiction
powers
normally
vested
article
iii
courts
origins
importance
right
adjudicated
concerns
drove
congress
depart
requirements
article
iii
yields
conclusion
limited
jurisdiction
cftc
asserts
state
law
claims
necessary
incident
adjudication
federal
claims
willingly
submitted
parties
initial
agency
adjudication
impermissibly
threaten
institutional
integrity
judicial
branch
pp
even
assuming
principles
federalism
relevant
article
iii
analysis
principles
require
invalidation
cftc
counterclaim
jurisdiction
fact
petitioner
counterclaims
resolved
federal
rather
state
tribunal
objectionable
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courts
without
constitutional
hazard
decide
counterclaims
ancillary
jurisdiction
moreover
respondents
identified
historical
support
argument
article
iii
embodies
compact
among
framers
state
law
claims
heard
federal
forum
adjudicated
judges
possessing
tenure
salary
protections
article
iii
pp
delivered
opinion
burger
white
blackmun
powell
rehnquist
stevens
joined
brennan
filed
dissenting
opinion
marshall
joined
post
together
conticommodity
services
schor
et
al
also
certiorari
deputy
solicitor
general
wallace
argued
cause
petitioner
briefs
solicitor
general
fried
bruce
kuhlik
kenneth
raisler
pat
nicolette
whitney
adams
anne
wright
robert
byman
argued
cause
petitioner
briefs
howard
barron
lawrence
weppler
leslie
carson
argued
cause
respondents
brief
bartow
farr
iii
justice
delivered
opinion
question
presented
whether
commodity
exchange
act
cea
act
et
empowers
commodity
futures
trading
commission
cftc
commission
entertain
state
law
counterclaims
reparation
proceedings
whether
grant
authority
violates
article
iii
constitution
cea
broadly
prohibits
fraudulent
manipulative
conduct
connection
commodity
futures
transactions
congress
overhaul
ed
act
order
institute
comprehensive
regulatory
structure
oversee
volatile
esoteric
futures
trading
complex
see
pub
stat
congress
also
determined
broad
regulatory
powers
cea
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vested
agency
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immune
political
winds
sweep
washington
therefore
created
independent
agency
cftc
entrusted
sweeping
authority
implement
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among
duties
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procedure
disgruntled
customers
professional
commodity
brokers
seek
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brokers
violations
act
cftc
regulations
thus
cea
ed
provides
person
injured
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order
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offender
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may
enforce
order
federal
district
congress
intended
administrative
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courts
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also
fed
reg
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regulations
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pursuant
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resolution
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regulation
allows
adjudicate
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aris
ing
transaction
occurrence
series
transactions
occurrences
set
forth
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cfr
permissive
counterclaim
rule
leaves
respondent
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proceeding
free
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relief
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complainant
fora
instant
dispute
arose
february
respondents
schor
mortgage
services
america
invoked
cftc
reparations
jurisdiction
filing
complaints
petitioner
conticommodity
services
conti
commodity
futures
broker
richard
sandor
conti
employee
schor
account
conti
contained
debit
balance
schor
net
futures
trading
losses
expenses
commissions
exceeded
funds
deposited
account
schor
alleged
debit
balance
result
conti
numerous
violations
cea
see
app
pet
cert
receiving
notice
schor
commenced
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proceeding
conti
filed
diversity
action
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district
recover
debit
balance
conticommodity
services
mortgage
services
america
nd
filed
mar
schor
counterclaimed
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charges
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schor
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continuation
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action
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view
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also
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conti
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cert
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alj
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agency
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allowed
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schor
filed
petition
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circuit
prior
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sua
sponte
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question
whether
cftc
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adjudicate
conti
counterclaims
light
northern
pipeline
construction
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pipe
line
held
congress
may
vest
iii
power
adjudicate
render
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issue
binding
orders
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state
law
without
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appellate
review
thomas
union
carbide
agricultural
products
briefing
argument
appeals
upheld
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schor
claim
respects
ordered
dismissal
conti
counterclaims
ground
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authority
subject
matter
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law
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app
support
latter
ruling
appeals
reasoned
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exercise
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conti
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law
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gave
rise
erious
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therefore
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principles
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whether
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construction
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objections
thus
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avoided
ibid
quoting
ralpho
bell
app
examining
cea
legislative
history
concluded
congress
clearly
expressed
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alj
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reversed
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dismissed
lack
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rehearing
en
banc
divided
vote
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statement
judge
wald
joined
judge
starr
urged
rehearing
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panel
holding
resul
serious
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crafted
scheme
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commodity
futures
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act
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effect
decimat
efficacy
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less
expensive
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forum
app
pet
cert
granted
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vacated
appeals
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remanded
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dean
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cch
comm
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balance
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ontinuation
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require
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cert
wald
dissenting
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goes
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pipeline
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pipeline
supra
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northern
pipeline
extended
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title
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article
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ooking
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power
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executive
powers
protection
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litigants
decisionmakers
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majoritarian
pressures
article
iii
salary
tenure
provisions
promote
impartial
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judges
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pressures
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enforce
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law
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alexander
hamilton
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toth
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article
iii
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influence
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branches
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century
ago
recognized
congress
may
withdraw
article
iii
judicial
cognizance
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nature
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suit
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murray
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recently
northern
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adjudicate
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article
iii
jurisprudence
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article
iii
declares
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article
iii
concludes
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degree
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disagree
article
iii
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interest
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efficiency
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independence
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interest
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concrete
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understood
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fact
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accumulate
finds
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independence
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article
iii
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district
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iii
commands
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complainants
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phalanx
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tribunals
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power
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iii
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function
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article
iii
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iii
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litigants
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tribunals
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analysis
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