Supreme Court in abstention doctrine. Among the factors considered by the Court includes the state judicial proceeding, the implication of state interests, and opportunity that raises constitutional challenges.
not only are the federal courts the primary guardians of the Constitution but that luxury of federallitigation of issues presented by ongoing state proceedings, a luxury which See generally Field,Abstention in Constitutional Cases: The Scope of the Pullman Abstention DoctrineDittfurth, David A...
1191 (1977); Zeigler, An Accommodation of the Younger Doctrine and the Duty of the FederalCourts to Pennzoil involved an appeal by the Pennzoil Company from a Second Circuit decision6 With respect to the second leg of Younger abstention - "the ba- sic doctrine of equityDennis, Anthony J...
Clash of the Sovereigns II: Does the Younger Abstention Doctrine Distinguish Between Coercive and Remedial State Court Proceedings?Younger abstentionSprint Coomunications Co. v. JacobsIowa IUBfederalismcomitydeference to state proceedingsstate coercive proceedings...
Anderson, Beth Shankle
The article focuses on the Younger Abstention Doctrine in the U.S. It discusses the expansion and curtailment of the doctrine. It compares the Younger Abstention doctrine to other abstention doctrines such as the Pullman and the Burford abstention doctrines. It stresses that abstention doctrines are...
But because child welfare systems are often run by, through, and with the oversight of state courts, the Younger abstention doctrine has posed an early obstacle to some of these suits. Courts considering whether to abstain have split on almost every point of Younger's analysis: whether state ...
BANKRUPTCYCRIMINAL procedureCHECK fraudExamines the circumstances under which a bankruptcy court should invoke the Younger abstention doctrine and decline to enjoin a state criminal prosecution in a bad check involving a Chapter 7 consumer debtor. Significance of the issue; Test proposed for determining ...