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James E. Pfander

Northwestern University School of Law

375 E. Chicago Ave

Chicago, IL 60611

United States

  • Northwestern University School of Law

SCHOLARLY PAPERS

28

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4,506

CITATIONS
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4

Scholarly Papers (28)

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1.

KöBler V. Austria: Expositional Supremacy and Member State Liability

European Business Law Review, Vol. 17, p. 275, 2006
Number of pages: 27 Posted: 10 Nov 2006
James E. Pfander
Northwestern University School of Law
Downloads 526 (34,679)

Abstract:

2.

Article I Tribunals, Article III Courts, and the Judicial Power of the United States

Harvard Law Review, Vol. 118, December 2004
Number of pages: 110 Posted: 21 Apr 2004
James E. Pfander
Northwestern University School of Law
Downloads 395 (50,968)
Citation 1

Abstract:

3.

The Story of Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics

FEDERAL COURTS' STORIES, Judith Resnik & Vicki C. Jackson, eds., 2009, Northwestern Public Law Research Paper No. 09-36
Number of pages: 21 Posted: 31 Aug 2009 Last Revised: 02 Feb 2010
James E. Pfander
Northwestern University School of Law
Downloads 310 (70,896)

Abstract:

constitutional torts, Bivens, individual rights

4.

Article III Judicial Power, the Adverse-Party Requirement, and Non-Contentious Jurisdiction

Downloads 298 ( 83,627)

Article III Judicial Power, the Adverse-Party Requirement, and Non-Contentious Jurisdiction

Yale Law Journal, Forthcoming, Northwestern Public Law Research Paper No. 14-13
Number of pages: 82 Posted: 14 Apr 2014
James E. Pfander and Daniel D. Birk
Northwestern University School of Law and Eimer Stahl, LLP
Downloads 243 (103,760)

Abstract:

adverse party, standing, justiciability, judicial power, civil law, inquisitorial procedure, ex parte proceedings, non-contentious jurisdiction, Article III, case-or-controversy requirement

Article III Judicial Power, the Adverse-Party Requirement, and Non-Contentious Jurisdiction

UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 13
Number of pages: 88 Posted: 16 Dec 2014
James E. Pfander and Daniel D. Birk
Northwestern University School of Law and Eimer Stahl, LLP
Downloads 55 (318,993)

Abstract:

Article III, adversarial, American, ex parte, jurisprudence, Federal, Non-contentious jurisdiction, case-or-controversy requirement, injury-in-fact

5.

Article III and the Scottish Judiciary

Harvard Law Review, Vol 124, page 1613 (2011), Northwestern Public Law Research Paper No. 10-73
Number of pages: 75 Posted: 11 Nov 2010 Last Revised: 20 May 2014
James E. Pfander and Daniel D. Birk
Northwestern University School of Law and Eimer Stahl, LLP
Downloads 248 (93,726)

Abstract:

federal jurisdiction, separation of powers, jurisdiction-stripping, Supreme Court, history of federal judiciary, Scottish legal history

6.

Jurisdiction-Stripping and the Supreme Court's Power to Supervise Inferior Tribunals

Texas Law Review, Vol. 78, Pp. 1433, June 2000
Number of pages: 65 Posted: 20 Nov 2001
James E. Pfander
Northwestern University School of Law
Downloads 200 (116,814)
Citation 1

Abstract:

7.

Rethinking Bivens: Legitimacy and Constitutional Adjudication

Georgetown Law Journal, Vol. 98, Fall 2009, Northwestern Public Law Research Paper No. 09-08
Number of pages: 36 Posted: 12 Mar 2009 Last Revised: 02 Feb 2010
James E. Pfander and David Baltmanis
Northwestern University School of Law and Northwestern University - Pritzker School of Law
Downloads 198 (117,332)
Citation 1

Abstract:

Bivens, right of action, constitutional adjudication

8.

Resolving the Qualified Immunity Dilemma: Constitutional Tort Claims for Nominal Damages

Columbia Law Review, Forthcoming, Northwestern Public Law Research Paper No. 11-41, Northwestern Law & Econ Research Paper No. 11-10
Number of pages: 44 Posted: 27 Mar 2011 Last Revised: 13 Aug 2011
James E. Pfander
Northwestern University School of Law
Downloads 183 (127,054)

Abstract:

Qualified immunity, constitutional torts, nominal damages

9.

Member State Liability and Constitutional Change in the United States and Europe

American Journal of Comparative Law, Vol. 51, No. 2, 2003
Number of pages: 37 Posted: 18 Jun 2003
James E. Pfander
Northwestern University School of Law
Downloads 179 (133,849)

Abstract:

10.

Federal Supremacy, State Court Inferiority, and the Constitutionality of Jurisdiction-Stripping Legislation

Northwestern University Law Review, Forthcoming
Number of pages: 44 Posted: 10 Nov 2006
James E. Pfander
Northwestern University School of Law
Downloads 163 (147,539)

Abstract:

11.

The Chief or the Court: Article II and the Appointment of Inferior Judicial Officers

107 Northwestern University Law Review 1125 (2013), Northwestern Public Law Research Paper No. 12-13
Number of pages: 57 Posted: 02 Jun 2012 Last Revised: 27 Jul 2013
James E. Pfander
Northwestern University School of Law
Downloads 151 (148,274)

Abstract:

appointment power, separation of powers, inferior officers, judicial bureaucracy, Chief Justice, patronage

12.

Reclaiming the Immigration Constitution of the Early Republic

Virginia Law Review, Vol. 96, No. 1, 2010, Northwestern Public Law Research Paper No. 10-13
Number of pages: 84 Posted: 06 May 2010
James E. Pfander and Theresa Wardon
Northwestern University School of Law and affiliation not provided to SSRN
Downloads 126 (172,116)

Abstract:

Immigration, naturalization, constitutional history, early republic, plenary power

13.

Forum Shopping and the Infrastructure of Federalism

Temple Political & Civil Rights Law Review, Vol. 17, 2008, Northwestern Public Law Research Paper No. 08-34
Number of pages: 18 Posted: 05 Oct 2008
James E. Pfander
Northwestern University School of Law
Downloads 118 (183,615)

Abstract:

federalism, forum shopping

14.

The Anti-Injunction Act and the Problem of Federal-State Jurisdictional Overlap

Texas Law Review, Forthcoming, Northwestern Public Law Research Paper No. 13-18
Number of pages: 74 Posted: 23 May 2013 Last Revised: 19 Nov 2013
James E. Pfander and Nassim Nazemi
Northwestern University School of Law and Northwestern University School of Law
Downloads 104 (187,051)

Abstract:

law and equity, anti-suit injunction, equitable restraint, abstention, Rooker-Feldman

15.

Judicial Compensation and the Definition of Judicial Power in the Early Republic

Michigan Law Review, Vol. 107, 2008, Northwestern Public Law Research Paper No. 08-35
Number of pages: 53 Posted: 05 Oct 2008
James E. Pfander
Northwestern University School of Law
Downloads 98 (207,044)
Citation 1

Abstract:

judicial compensation, limited jurisdiction

16.

Protective Jurisdiction, Aggregate Litigation, and the Limits of Article III

California Law Review, Vol. 95, p. 1423, 2007
Number of pages: 50 Posted: 11 Feb 2008
James E. Pfander
Northwestern University School of Law
Downloads 92 (227,597)

Abstract:

17.

Public Wrongs and Private Bills: Indemnification and Government Accountability in the Early Republic

New York University Law Review, Forthcoming, Northwestern Public Law Research Paper No. 10-77
Number of pages: 75 Posted: 14 Nov 2010
James E. Pfander and Jonathan L. Hunt
Northwestern University School of Law and Mayer, Brown, Rowe & Maw LLP
Downloads 89 (212,611)

Abstract:

government torts, official liability and indemnity, private bills

18.

Morris v. Allen and the Lost History of the Anti-Injunction Act of 1793

108 Northwestern University Law Review 187 (2014), Northwestern Public Law Research Paper No. 13-12
Number of pages: 56 Posted: 04 May 2013 Last Revised: 16 Mar 2014
James E. Pfander and Nassim Nazemi
Northwestern University School of Law and Northwestern University School of Law
Downloads 85 (230,796)

Abstract:

legal history, merger of law and equity, anti-injunction act, Justice Frankfurter, law practice in the early republic

19.

Removing Federal Judges

University of Chicago Law Review, Vol. 74, p. 1227, 2007
Number of pages: 24 Posted: 11 Feb 2008
James E. Pfander
Northwestern University School of Law
Downloads 70 (269,454)

Abstract:

20.

Collateral Review of Remand Orders: Reasserting the Supervisory Role of the Supreme Court

University of Pennsylvania Law Review, Vol. 159, p., 493, 2011, Northwestern Public Law Research Paper No. 10-88
Number of pages: 51 Posted: 04 Dec 2010 Last Revised: 03 Feb 2011
James E. Pfander
Northwestern University School of Law
Downloads 51 (311,758)

Abstract:

Appellate Jurisdiction, Remand Orders, Supreme Court Role, Supervisory Power

21.

Interlocutory Review by Agreement of the Parties: A Preliminary Analysis

Northwestern University Law Review, Vol. 105, p. 1043, 2011, Northwestern Public Law Research Paper No. 10-68
Number of pages: 55 Posted: 26 Oct 2010 Last Revised: 24 Feb 2012
James E. Pfander and David R. Pekarek Krohn
Northwestern University School of Law and affiliation not provided to SSRN
Downloads 43 (334,811)

Abstract:

appeal, settlement, interlocutory review, civil procedure, litigation and arbitration

22.

In Search of the Probate Exception

Vanderbilt Law Review, Vol. 67, Northwestern Public Law Research Paper No. 14-28
Number of pages: 48 Posted: 12 Jul 2014 Last Revised: 22 Nov 2014
James E. Pfander and Michael J.T. Downey
Northwestern University School of Law and Government of the United States of America - U.S. District Court for the Northern District of Illinois
Downloads 40 (317,270)

Abstract:

judicial power, probate exception, federalism

23.

W(h)ither Bivens?

161 U. Pa. L. Rev. Online 231 (2013), Northwestern Public Law Research Paper No. 13-13
Number of pages: 18 Posted: 04 May 2013 Last Revised: 11 May 2013
James E. Pfander and David Baltmanis
Northwestern University School of Law and Northwestern University - Pritzker School of Law
Downloads 20 (393,546)

Abstract:

constitutional torts, Bivens action, government accountability

24.

Constitutional Torts and the War on Terror

Northwestern Public Law Research Paper No. 17-07
Number of pages: 37 Posted: 29 Mar 2017
James E. Pfander
Northwestern University School of Law
Downloads 0 (322,891)

Abstract:

war on terror, torture, human rights, Bivens actions, extraterritoriality, judicial review

25.

Standing to Sue: Lessons from Scotland's Actio Popularis

66 Duke Law Journal 1493 (2017), Northwestern Public Law Research Paper No. 16-07
Number of pages: 72 Posted: 21 Mar 2016 Last Revised: 15 Jun 2017
James E. Pfander
Northwestern University School of Law
Downloads 0 (190,551)

Abstract:

standing to sue, Article III judicial power, public law litigation, civil and roman law

26.

A Non-Contentious Account of Article III's Domestic Relations Exception

Notre Dame Law Review, Forthcoming, Northwestern Public Law Research Paper No. 16-05
Number of pages: 32 Posted: 15 Mar 2016
James E. Pfander and Emily K. Damrau
Northwestern University School of Law and Northwestern University - Pritzker School of Law
Downloads 0 (328,777)

Abstract:

Domestic Relations, Family Law, Article III, Federal Jurisdiction

27.

A Declaratory Theory of State Accountability

Virginia Law Review, Forthcoming, Northwestern Public Law Research Paper No. 16-01
Number of pages: 83 Posted: 03 Mar 2016
James E. Pfander and Jessica Dwinell
Northwestern University School of Law and Northwestern University - School of Law
Downloads 0 (381,722)

Abstract:

state sovereign immunity, government accountability, federalism, eleventh amendment

28.

Brief of Professors Gregory Sisk and James Pfander as Amici Curiae in Support of Respondent, Simmons v. Himmelreich, No. 15-109 (Supreme Court)

Brief, Supreme Court of the United States, 2015 Term, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 16-07
Number of pages: 41 Posted: 05 Feb 2016
Gregory C. Sisk and James E. Pfander
University of St. Thomas School of Law (Minnesota) and Northwestern University School of Law
Downloads 0 (370,530)

Abstract:

Bivens, Federal Tort Claims Act, claim preclusion, issue preclusion, res judicata, collateral estoppel, Westfall Act, litigation with the federal government, constitutional torts, sovereign immunity, federal courts, federal jurisdiction

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