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Synopsis
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.
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About the Author
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.
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Cases Without Controversies: Uncontested Adjudication in Article III Courts Format: Hardcover
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Cases Without Controversies
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Cases Without Controversies: Uncontested Adjudication in Article III Courts (eng)
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Cases Without Controversies : Uncontested Adjudication in Article III Courts
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Oxford University Press, 2021
ISBN 10: 0197571409
ISBN 13: 9780197571408
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Cases Without Controversies : Uncontested Adjudication in Article III Courts
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Cases Without Controversies: Uncontested Adjudication in Article III Courts
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Cases Without Controversies : Uncontested Adjudication in Article III Courts
Published by
Oxford University Press, 2021
ISBN 10: 0197571409
ISBN 13: 9780197571408
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Cases Without Controversies (Hardcover)
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Oxford University Press Inc, New York, 2021
ISBN 10: 0197571409
ISBN 13: 9780197571408
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Hardcover. Condition: new. Hardcover. 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 theArticle 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 theso-called " requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account ofthe important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federallaw, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9780197571408