Uncontested Adjudication and the Modern Case-or-Controversy Rule

2021 ◽  
pp. 143-154
Author(s):  
James E. Pfander
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Federal Court ◽  
Federal Courts ◽  
Judicial Power ◽  
History Of

This chapter explains how the nineteenth-century history of uncontested litigation undercuts the modern case-or-controversy rule as developed and applied in the twentieth century. That the antebellum federal courts were empowered to hear petitions for naturalized citizenship and other uncontested claims as cases under Article III undermines three key elements of the modern case-or-controversy rule: its suggestion that all plaintiffs invoking the judicial power must establish standing by identifying an injury in fact; its requirement that only claims that name an adverse party can be brought in federal court; and its linkage of cases and controversies, two distinct ideas, in an all-purpose case-or-controversy requirement.

The Judicial Response to the Administrative State

2021 ◽  
pp. 87-98
Author(s):  
James E. Pfander
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Supreme Court ◽  
Federal Courts ◽  
Judicial Power ◽  
Administrative State ◽  
The Supreme Court ◽  
The Way ◽  
Judicial Role

This chapter describes the way a requirement of contestation was introduced into definitions of federal judicial power in the latter half of the nineteenth century. The case-or-controversy requirement arose as a tool with which federal courts could refrain from lending support to the investigatory and regulatory initiatives of the growing administrative state. Justice Stephen Field played a central role in the introduction of the contestation construct, and it took hold at the Supreme Court in the twentieth century, as progressive Justices came to embrace contestation as an essential limit on the judicial role in constitutional litigation.

Introduction

2021 ◽  
pp. 1-16
Author(s):  
James E. Pfander
Keyword(s):  
United States ◽  
Twentieth Century ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
Court System ◽  
Federal Law ◽  
The Supreme Court ◽  
History Of ◽  
Article Iii Courts

This book’s introduction poses the problem of uncontested adjudication in the federal court system of the United States by focusing on the 2013 decision in United States v. Windsor. While in that case, the Supreme Court reached the merits despite the absence of a continuing dispute between the parties, Justice Antonin Scalia objected that doing so violated the adverse-party requirement, which he viewed as a constitutional requirement imposed by the case-or-controversy language of Article III. In arguing that federal courts may not entertain uncontested claims of right, Scalia’s dissent in Windsor nicely poses the question at the heart of this book. But the book reaches a different conclusion, based on the text and history of the Constitution, and the early practice of Article III courts. Having set the stage, the introduction offers an overview of the book’s argument. Part I describes the early practice of the antebellum federal courts, Part II the rise of the case-or-controversy rule in the early twentieth century, and Part III the continuing relevance of uncontested forms of adjudication. Synthesizing these strands, the book concludes that Article III courts can entertain proceedings to hear and determine uncontested applications to assert or register a claim of right under federal law.

The history of psychosomatic medicine

1982 ◽  
Vol 12 (1) ◽  
pp. 17-24 ◽  
Author(s):  
Erwin H. Ackerknecht
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Psychosomatic Medicine ◽  
Doctor Who ◽  
History Of ◽  
Psychosomatic Diseases

SynopsisPsychosomatic medicine begins with the Greeks. It finds a place in Galen's system as diseases of passion, a concept current until the middle of the nineteenth century. The great French and German clinicians of the nineteenth century were all familiar with psychosomatic diseases. During the twentieth century the field was for a while monopolized by psychoanalysts. The psychosomatic specialist is essentially the doctor who listens to the patient.

scholarly journals A brief history of new realism

2016 ◽  
Vol 27 (3) ◽  
pp. 591-609
Author(s):  
Maurizio Ferraris
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Future Perspectives ◽  
New Realism ◽  
History Of

In this paper I try to sketch a brief history of new realism. Starting from nineteenth century idealism, I then move on to discuss twentieth century postmodernism, which, I argue, is the heir of idealism and the theoretical enemy of new realism. Finally, I offer a reconstruction of how and why contemporary new realism came into being and propose a few remarks on its future perspectives.

scholarly journals Dissociation and the Unconscious Mind: Nineteenth-Century Perspectives on Mediumship

2020 ◽  
Vol 34 (3) ◽  
pp. 537-596
Author(s):  
Carlos S. Alvarado
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
William James ◽  
General Interest ◽  
The Unconscious ◽  
History Of ◽  
Memory States ◽  
Hippolyte Taine ◽  
Unconscious Mind

There is a long history of discussions of mediumship as related to dissociation and the unconscious mind during the Nineteenth Century. After an overview of relevant ideas and observations from the mesmeric, hypnosis, and spiritualistic literatures, I focus on the writings of Jules Baillarger, Alfred Binet, Paul Blocq, Théodore Flournoy, Jules Héricourt, William James, Pierre Janet, Ambroise August Liébeault, Frederic W.H. Myers, Julian Ochorowicz, Charles Richet, Hippolyte Taine, Paul Tascher, and Edouard von Hartmann. While some of their ideas reduced mediumship solely to intra-psychic processes, others considered as well veridical phenomena. The speculations of these individuals, involving personation, and different memory states, were part of a general interest in the unconscious mind, and in automatisms, hysteria, and hypnosis during the period in question. Similar ideas continued into the Twentieth Century.

scholarly journals Households of the Nobles and Peasants in Užventis Parish, 1836–1861

Lituanistica ◽  
2020 ◽  
Vol 66 (1) ◽  
Author(s):  
Laurynas Giedrimas
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Eastern Europe ◽  
Central And Eastern Europe ◽  
Household Model ◽  
History Of ◽  
Household Models ◽  
The Difference ◽  
Household Analysis ◽  
Nuclear Household

The article deals with the households of the nobles and peasants in the first half of the nineteenth century in Užventis parish, Samogitia. In the middle of the twentieth century, John Hajnal and Peter Laslett started researching the history of resident households. The researchers formulated theoretical and methodological foundations for household analysis and encouraged other historians and demographers to undertake similar studies. The researchers who analysed the households of Central and Eastern Europe either refuted or corrected many of the statements proposed by John Hajnal and Peter Laslett and established that the most common household in Central and Eastern Europe was a nuclear household, although in many cases it was also possible to find an extended household. However, it was not clarified at what age people started building new households and which household model dominated in Samogitia. Also, it was not known what the difference between a household of nobles and a household of peasants was. The data on the households of the nobles and peasants also interconnected. The households of landlords were bigger than the households of peasants and the petty nobility, because the menage of a landlord used to be part of the household. After analysing the aforementioned data, it has been discovered that in the first half of the nineteenth century, nuclear household dominated Užventis parish. Extended household models were often found as well. The Catholic inhabitants of Užventis parish married late and had a child every two years. Around 3500 Catholic residents lived in Užventis parish in the first half of the nineteenth century. The analysis of the data showed that nuclear household dominated the Užventis parish in the first half of the nineteenth century.

British Foreign Secretaries and Japan, 1850-1990

2018 ◽  
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Japanese Market ◽  
Prime Ministers ◽  
Margaret Thatcher ◽  
Japanese Investment ◽  
Main Emphasis ◽  
History Of

This book reviews the role of British Foreign Secretaries in the formulation of British policy towards Japan from the re-opening of Japan in the middle of the nineteenth century to the end of the twentieth century. It also takes a critical look at the history of British relations with Japan over these years. Beginning with Lord John Russell (Foreign Secretary 1859-1865) and concluding with Geoffrey Howe (Secretary of State for Foreign & Commonwealth Affairs, 1983-1989), the volume also examines the critical roles of two British Prime Ministers in the latter part of the twentieth century, Edward Heath and Margaret Thatcher, who ensured that Britain recognized both the reality and the opportunities for Britain resulting from the Japanese economic and industrial phenomenon. Heath’s main emphasis was on opening the Japanese market to British exports. Thatcher’s was on Japanese investment. This volume is a valuable addition to the Japan Society’s series devoted to aspects of Anglo-Japanese relations which includes ten volumes of Britain & Japan: Biographical Portraits as well as British Envoys in Japan.

Marry Me?

Love, Inc. ◽  
2019 ◽  
pp. 83-112
Author(s):  
Laurie Essig
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
First Century ◽  
Financial Resources ◽  
The Real ◽  
Early Twentieth Century ◽  
Real Change ◽  
History Of ◽  
Twenty First Century ◽  
Diamond Ring

Getting engaged now requires more emotional and financial resources than ever before. Here Essig traces the history of engagements from the birth of companionate marriages in the nineteenth century to the invention of rituals like the bended knee and fetish items like the diamond ring in the early twentieth century. But the real change happened at the beginning of the twenty-first century, as engagements became “spectacular,” requiring not just highly staged events but also highly produced videos and images that could then be disseminated to the larger world.

Deification in the Long Nineteenth Century

2019 ◽  
pp. 55-81
Author(s):  
Ruth Coates
Keyword(s):  
Higher Education ◽  
Nineteenth Century ◽  
Twentieth Century ◽  
Political Culture ◽  
Institutions Of Higher Education ◽  
Religious Thought ◽  
History Of ◽  
Cultural Expressions ◽  
Russian Religious Thought ◽  
The Church

Chapter 2 sets out the history of the reception of deification in Russia in the long nineteenth century, drawing attention to the breadth and diversity of the theme’s manifestation, and pointing to the connections with inter-revolutionary religious thought. It examines how deification is understood variously in the spheres of monasticism, Orthodox institutions of higher education, and political culture. It identifies the novelist Fedor Dostoevsky and the philosopher Vladimir Soloviev as the most influential elite cultural expressions of the idea of deification, and the primary conduits through which Western European philosophical expressions of deification reach early twentieth-century Russian religious thought. Inspired by the anthropotheism of Feuerbach, and Stirner’s response to this, Dostoevsky brings to the fore the problem of illegitimate self-apotheosis, whilst Soloviev, in his philosophy of divine humanity, bequeaths deification to his successors both as this is understood by the church and in its iteration in German metaphysical idealism.

Heaven Has Eyes

2020 ◽  
pp. 303-308
Author(s):  
Xiaoqun Xu
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Chinese Law ◽  
The Past ◽  
History Of ◽  
State Agents ◽  
Western Influences ◽  
Law And Justice

The conclusion points out the multidimensional interactions of many factors in the functions of Chinese law and justice in the past and present and delineates four overlapping historical contexts for an understanding of such functions. These are the indigenous traditions in the long history of China; Western influences from the nineteenth century and especially on the transformations in the twentieth century; interactions between lawmakers and state agents, and between state actions and societal responses; and the reality of justice being done in relative and imperfect ways under the best circumstances, due to human fallibility.

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