Cases without controversies : uncontested adjudication in Article III courts / James E. Pfander.

Format:

Book

Author/Creator:

Pfander, James E., author.

Language:

English

Subjects (All):

Same-sex marriage--Law and legislation--United States.

Same-sex marriage.

Jurisdiction--United States.

Jurisdiction.

Judicial power--United States.

Judicial power.

Courts--United States.

Courts.

Administrative procedure--United States.

Administrative procedure.

United States. Supreme Court.

United States.

Physical Description:

1 online resource (281 pages) : illustrations

Place of Publication:

Oxford, England ; New York, New York : Oxford University Press, [2021]

Summary:

As it interprets the U.S. Constitution, the Supreme Court defines the rights of individuals and referees disputes between the branches of government. For many years, the Court has limited access to those claimants who satisfy a shifting and sometimes amorphous case-or-controversy requirement. Drawing on historical practice to clarify the meaning of the constitutional terms in question, this book calls upon the Court to offer broader access to federal court and greater deference to congressional choices.

Contents:

Cover

Cases Without Controversies

Contents

Foreword

Introduction

PART I: THESIS: UNCONTESTEDADJUDICATION IN THE EARLY FEDERAL COURTS

1. The Origins of Uncontested Adjudication

2. Uncontested Proceedings on Federal Dockets in the Early Republic

3. Probate and Domestic Relations Proceedings

4. The Nineteenth-​Century Perspective on Federal Judicial Power

PART II: ANTITHESIS: THE PROGRESSIVERESTATEMENT OF AN EMERGINGCASE- OR- CONTROVERSY REQUIREMENT

5. The Judicial Response to the Administrative State

6. The Progressive Response to Lochner: Limiting Justiciability

7. The New Adverse-​Party Rule Confronts Judicial Practice

PART III: SYNTHESIS: CASES,CONTROVERSIES, AND LITIGABLE INTERESTS

8. Uncontested Adjudication and the Modern Case-​or-​Controversy Rule

9. Evaluating Defenses of a Requirement of Adverse Interests

10. Uncontested Adjudication and Standing to Sue

11. A Practical Guide to Uncontested Adjudication

12. Toward a Constructive Constitutional History

PART IV: CONCLUSION

Table of Authorities

Table of Cases

Index.

Notes:

Description based on print version record.

Includes index.

ISBN:

0-19-757142-5

0-19-757143-3

0-19-757141-7

OCLC:

1244255597