The Yale Law Journal

Daniel D. Birk


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

James E. Pfander & Daniel D. Birk

Students of Article III have so far failed to resolve a fundamental tension in the theory of federal adjudication. On the one hand, Article III has been said to limit the federal courts to the resolution of concrete disputes between adverse parties, one of whom seeks redress for an …