"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 unco…
The origins of uncontested adjudication -- Uncontested proceedings on federal dockets in the early Republic -- Probate and domestic relations proceedings -- The nineteenth-century perspective on federal judicial power -- The judicial response to the administrative state -- The p…
"For students of the federal judiciary, the Supreme Court's encounter with the adverse-party requirement in the Defense of Marriage Act (DOMA) case, United States v. Windsor, was disappointing. The Court has rather dogmatically insisted that federal courts can hear only "definit…
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-controvers…
