Pub Date : 1900-01-01DOI: 10.1093/oso/9780197571408.003.0014
James E. Pfander
So far, in the cases surveyed in this book, the Court has mostly deferred to Congress and to long-standing tradition, even in circumstances where tradition conflicts with some modern conceptions of the judicial power. Indeed, in many of the most interesting decisions upholding non-contentious jurisdiction, the challenge to the federal judicial role was based on the perceived demands of modern case-or-controversy rules. The pattern was set in ...
{"title":"Conclusion","authors":"James E. Pfander","doi":"10.1093/oso/9780197571408.003.0014","DOIUrl":"https://doi.org/10.1093/oso/9780197571408.003.0014","url":null,"abstract":"So far, in the cases surveyed in this book, the Court has mostly deferred to Congress and to long-standing tradition, even in circumstances where tradition conflicts with some modern conceptions of the judicial power. Indeed, in many of the most interesting decisions upholding non-contentious jurisdiction, the challenge to the federal judicial role was based on the perceived demands of modern case-or-controversy rules. The pattern was set in ...","PeriodicalId":394146,"journal":{"name":"Cases Without Controversies","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124048638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1093/oso/9780197571408.003.0004
James E. Pfander
This chapter examines the role of uncontested adjudication in probate and domestic relations proceedings. While state courts commonly issued constitutive decrees to recognize or create new legal relationships in these settings (to admit wills to probate or to confirm adoption of children), federal courts declined to hear uncontested proceedings to register or claim a right or title in these contexts. The federal courts lacked power to entertain uncontested applications for the issuance of constitutive decrees as to matters of state law. Such a finding lays the foundation for distinguishing between cases under federal law and controversies over state law, and helps explain the federal judicial reluctance to assert jurisdiction over matters of probate and domestic relations.
{"title":"Probate and Domestic Relations Proceedings","authors":"James E. Pfander","doi":"10.1093/oso/9780197571408.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780197571408.003.0004","url":null,"abstract":"This chapter examines the role of uncontested adjudication in probate and domestic relations proceedings. While state courts commonly issued constitutive decrees to recognize or create new legal relationships in these settings (to admit wills to probate or to confirm adoption of children), federal courts declined to hear uncontested proceedings to register or claim a right or title in these contexts. The federal courts lacked power to entertain uncontested applications for the issuance of constitutive decrees as to matters of state law. Such a finding lays the foundation for distinguishing between cases under federal law and controversies over state law, and helps explain the federal judicial reluctance to assert jurisdiction over matters of probate and domestic relations.","PeriodicalId":394146,"journal":{"name":"Cases Without Controversies","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128525473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1093/oso/9780197571408.003.0012
James E. Pfander
This chapter provides a primer on best practices in uncontested adjudication. Drawing lessons from the antebellum experience, the chapter reiterates the idea that important constitutional limits on federal adjudication—including the judicial finality requirement in Article III and the due process requirement of fair notice—fully apply to uncontested matters. The chapter further explains the importance of the judicial role in ensuring full development of the factual record in uncontested proceedings. The chapter explains how federal courts might best handle the uncontested adjudication of prisoner petitions through closer attention to the best practices outlined here. It concludes with a discussion of the federal judicial role in probate and domestic relations matters.
{"title":"A Practical Guide to Uncontested Adjudication","authors":"James E. Pfander","doi":"10.1093/oso/9780197571408.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780197571408.003.0012","url":null,"abstract":"This chapter provides a primer on best practices in uncontested adjudication. Drawing lessons from the antebellum experience, the chapter reiterates the idea that important constitutional limits on federal adjudication—including the judicial finality requirement in Article III and the due process requirement of fair notice—fully apply to uncontested matters. The chapter further explains the importance of the judicial role in ensuring full development of the factual record in uncontested proceedings. The chapter explains how federal courts might best handle the uncontested adjudication of prisoner petitions through closer attention to the best practices outlined here. It concludes with a discussion of the federal judicial role in probate and domestic relations matters.","PeriodicalId":394146,"journal":{"name":"Cases Without Controversies","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132208979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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