The prohibition against advisory opinions is fundamental to our understanding of federal judicial power, but we’ve misunderstood its origins. Discussions of the doctrine begin not with a constitutional text or even a court case, but a letter in which the Jay Court rejected President Washington’s request for legal advice. Courts and scholars have offered a variety of explanations for the Jay Court’s behavior. But they all depict the earliest Justices as responding to uniquely American concerns about advisory opinions.This Article offers a different explanation. Drawing on previously untapped archival sources, it shows that judges throughout the anglophone world—not only in the United States, but also in England and British India—became oppos...
Throughout U.S. history, the Judicial Branch has issued controversial rulings that have had large im...
Throughout U.S. history, the Judicial Branch has issued controversial rulings that have had large im...
The Senate‘s role in judicial appointments has come under increasingly withering criticism for its u...
The prohibition against advisory opinions is fundamental to our understanding of federal judicial po...
The prohibition against advisory opinions is fundamental to our understanding of federal judicial po...
The prohibition against advisory opinions is fundamental to our understanding of federal judicial po...
Since 1793, the affirmative grant of authority to federal courts in Article III of the Constitution ...
This book is the only comprehensive treatment of the history and controversies, the law and theories...
This book is the only comprehensive treatment of the history and controversies, the law and theories...
This book is the only comprehensive treatment of the history and controversies, the law and theories...
This book is the only comprehensive treatment of the history and controversies, the law and theories...
Justices of several states, unlike members of the federal judiciary, render advisory opinions to gov...
While few people would question the authority of the courts to exercise the power of judicial review...
Around the turn of the last century, many American lawyers wanted to ban dissenting opinions in all ...
The replacement of traditional seriatim opinions with an "Opinion of the Court," offers what initial...
Throughout U.S. history, the Judicial Branch has issued controversial rulings that have had large im...
Throughout U.S. history, the Judicial Branch has issued controversial rulings that have had large im...
The Senate‘s role in judicial appointments has come under increasingly withering criticism for its u...
The prohibition against advisory opinions is fundamental to our understanding of federal judicial po...
The prohibition against advisory opinions is fundamental to our understanding of federal judicial po...
The prohibition against advisory opinions is fundamental to our understanding of federal judicial po...
Since 1793, the affirmative grant of authority to federal courts in Article III of the Constitution ...
This book is the only comprehensive treatment of the history and controversies, the law and theories...
This book is the only comprehensive treatment of the history and controversies, the law and theories...
This book is the only comprehensive treatment of the history and controversies, the law and theories...
This book is the only comprehensive treatment of the history and controversies, the law and theories...
Justices of several states, unlike members of the federal judiciary, render advisory opinions to gov...
While few people would question the authority of the courts to exercise the power of judicial review...
Around the turn of the last century, many American lawyers wanted to ban dissenting opinions in all ...
The replacement of traditional seriatim opinions with an "Opinion of the Court," offers what initial...
Throughout U.S. history, the Judicial Branch has issued controversial rulings that have had large im...
Throughout U.S. history, the Judicial Branch has issued controversial rulings that have had large im...
The Senate‘s role in judicial appointments has come under increasingly withering criticism for its u...