Cases Without Controversies

Cases Without Controversies
Author :
Publisher : Oxford University Press
Total Pages : 189
Release :
ISBN-10 : 9780197571422
ISBN-13 : 0197571425
Rating : 4/5 (425 Downloads)

Book Synopsis Cases Without Controversies by : James E. Pfander

Download or read book Cases Without Controversies written by James E. Pfander and published by Oxford University Press. This book was released on 2021-03-17 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 "case-or-controversy" 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 of the 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 federal law, 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.


Cases Without Controversies Related Books

Cases Without Controversies
Language: en
Pages: 189
Authors: James E. Pfander
Categories: Law
Type: BOOK - Published: 2021-03-17 - Publisher: Oxford University Press

GET EBOOK

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
Cases Without Controversies
Language: en
Pages:
Authors: James E. Pfander
Categories: Administrative procedure
Type: BOOK - Published: 2021 - Publisher:

GET EBOOK

The origins of uncontested adjudication -- Uncontested proceedings on federal dockets in the early Republic -- Probate and domestic relations proceedings -- The
Contemporary Criminal Law
Language: en
Pages: 1380
Authors: Matthew Lippman
Categories: Social Science
Type: BOOK - Published: 2018-05-09 - Publisher: SAGE Publications

GET EBOOK

A book that students find interesting and instructors consider educationally valuable, this Fifth Edition of Contemporary Criminal Law combines traditional conc
The Case for Contention
Language: en
Pages: 129
Authors: Jonathan Zimmerman
Categories: Education
Type: BOOK - Published: 2017-04-24 - Publisher: University of Chicago Press

GET EBOOK

From the fights about the teaching of evolution to the details of sex education, it may seem like American schools are hotbeds of controversy. But as Jonathan Z
The Oxford Guide to United States Supreme Court Decisions
Language: en
Pages: 450
Authors: Kermit L. Hall
Categories: History
Type: BOOK - Published: 1999 - Publisher: Oxford University Press

GET EBOOK

In Democracy in America, De Tocqueville observed that there is hardly a political question in the United States which does not sooner or later turn into a judic