James E. Pfander

Owen L. Coon Professor of Law

Federal CourtsCivil ProcedureConstitutional Torts

James E. Pfander is a leading scholar of federal jurisdiction, government accountability, and constitutional torts who has taught at Northwestern for more than two decades. His monograph Cases Without Controversies explores the history of uncontested adjudication in federal courts, and his work on constitutional torts during the war on terror documented the failure of courts to address extraordinary rendition and torture claims. He is an elected member of the American Law Institute and serves as associate reporter on the ALI's Restatement of Constitutional Torts.

Teaching Style

Professor Pfander is a meticulous and historically informed teacher who uses the Socratic method to guide students through the constitutional foundations of federal jurisdiction. He is known for asking detailed, layered questions that require students to trace jurisdictional doctrines back to their Article III origins. His scholarship on constitutional torts informs his teaching, and he frequently raises questions about government accountability and the adequacy of judicial remedies for constitutional violations.

Cold Call Tips

  1. 1Understand Article III's structure and the historical development of federal jurisdiction
  2. 2Be prepared to discuss the relationship between constitutional rights and available remedies
  3. 3For Civil Procedure, know the jurisdictional basis and procedural posture of each case cold
  4. 4Think about how the federal court system's design affects access to justice and government accountability

Areas of Expertise

Federal JurisdictionGovernment AccountabilityConstitutional TortsArticle III CourtsCivil Procedure

Education

  • J.D., University of Virginia School of Law
  • B.A., University of Missouri

Notable Publications

  • Cases Without Controversies: Uncontested Adjudication in Article III Courts (Oxford University Press)
  • Constitutional Torts and the War on Terror (Oxford University Press)

Research Interests

History of Federal JurisdictionConstitutional Torts and Bivens ActionsUncontested AdjudicationGovernment Accountability MechanismsWar Powers and Judicial Review

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