The abstention doctrine that was announced in the U.S. Supreme Court case Schlesinger v. Councilman is examined, along with U.S. federal courts and America's Military Commissions Act.Harvard Law Review
However, with the enhanced power of federal courts to protect the right of citizens under the Fourteenth Amendment, federal court involvement in state actions took on a new dimension. In response, the Supreme Court developed the judicial doctrine of abstention to supplement the legislative mandate. ...
federal abstention doctrineColorado River abstentionexceptional circumsatncessound judicial administrationGranite State Insurance Co. v. Tandy CorporationThis article previews the issues and arguments in Granite State Insurance Co. v. Tandy Corp., on the Supreme Court's appellate docket for 1992-93. The...
In particular, the federal courts need a clear and consistent framework for when to stay cases in light of parallel litigation in foreign courts. A separate doctrine for deferring to foreign comprehensive remedial schemes may also be appropriate.Evaluating the doctrinal design of abstention in ...
United States Bankruptcy Court—District of Delaware Oil and Gas Reporter . 2013,第6期 机译:破产:破产法院的管辖权法院管辖权,程序和审查:弃权 2. Bankruptcy: Secured Creditors Court Jurisdiction, Procedure and Review: Federal Court Jurisdiction [J] . United States District Court—District of New...
For the fourth time in nine years the Supreme Court last Term had the opportunity to review an unrenowned out controversial doctrine of federal court abstention. The Court, however, has again declined to consider expressly the propriety of the doctrine, and has thus given its tacit imprimatur ...
Judicial history in the past three decades has been marked by an increase in federal-state conflict as a result of the federal judiciary's extension of constitutional protections in the area of personal liberties. The Supreme Court has developed several techniques designed toSchoenfeld, Benjamin N...
Applying this logic, federal district courts have refused to apply the abstention doctrine. The court,in denying defendant's request that it abstain from exercising federal jurisdiction, held that bean- swered by a resolution of the state claims; therefore abstention is inappropriateJohn T. Harris...
ABSTENTION doctrine (Law)FEDERAL courtsFEDERAL governmentINDIAN Child Welfare Act of 1978AMERICANS with Disabilities Act of 1990FEDERAL jurisdictionIn the past ten years, lower federal courts have quietly but regularly abstained from hearing federal claims challenging state court procedures, citing concerns ...
Harris -- and the doctrine of Younger abstention -- federal courts may not disrupt a state criminal proceeding by means of an injunction or declaratory judgment. Federal courts' reluctance to resolve such cases is predicated on federalism interests. Traditionally, however, federal courts have ...