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English
Oxford University Press Inc
12 August 2021
This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right.

Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States.

Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction.

Said to rest on the so-called

By:  
Imprint:   Oxford University Press Inc
Country of Publication:   United States
Dimensions:   Height: 155mm,  Width: 236mm,  Spine: 23mm
Weight:   612g
ISBN:   9780197571408
ISBN 10:   0197571409
Pages:   280
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active

James Pfander, author of dozens of articles and books, has served as the Owen L. Coon Professor of Law at Northwestern University Pritzker School of Law for more than a decade. Pfander's scholarship explores the nature of federal judicial power, the law of government accountability in modern America, and the history of the federal judicial system. A member of the American Law Institute, Pfander recently concluded his work as reporter/consultant to the Federal-State Jurisdiction Committee of the Judicial Conference of the United States. He has served as chair of both the federal courts and civil procedure sections of the Association of American Law Schools.

Reviews for Cases Without Controversies: Uncontested Adjudication in Article III Courts

Overall, Jim Pfander's book is legal history at its finest. He has done thorough research, drawn reasonable conclusions from the primary sources, fairly acknowledged possible competing interpretations, and explained complex legal and historical ideas clearly. No one has a better understanding of the historical meaning of Article III. * Robert Pushaw, Balkinization Symposium *


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