Contributions by ‘Robert J. Pushaw’

James Pfander provides voluminous historical evidence to support a thesis that shatters the modern Supreme Court’s critical assumption, shared by almost all scholars, that federal litigation always must be adversarial. As Professor Pfander graciously acknowledges, he is building upon an idea that I originally proposed in a lengthy 1994 article. Therefore, summarizing it will help place into context his important contributions to our understanding of federal court jurisdiction.