Abstention Doctrine

• Abstention Doctrine

The concept under which a federal court exercises its discretion and equitable powers and declines to decide a legal action over w...

• West's Encyclopedia of American Law
• A–Ba

• 'Our federalism': the Younger abstention doctrine and its companions.

In the United States, our legal system incorporates two parallel judicial processes, consisting of a federal and a state court system--each state havi...

• Florida Bar Journal
• Vol. 81 Nbr. 10, November 2007

• Abstention Doctrine

All the abstention doctrines refer to circumstances in which federal courts, having JURI...

• Encyclopedia of the American Constitution
• AB-CI

• Abstention Doctrine (Update)

In recent years, the Supreme Court has clarified three aspects of the abstention doctrines. First, Quackenbush v. Allstate Insuranc...

• Encyclopedia of the American Constitution
• AB-CI

• Jerry Adkins v. Kenneth Will, (7th Cir. 2011)

... provisions interact with the federalism doctrines of Colorado River and Burford abstention. The dist...

• Federal Circuits

• Judicial Review

§ 17.1 Foundations of . § 17.1.1 The Nature and Basis of . § 17.1.2 During the Original Natural Law Era: 1789-1873. § 17.1.2.1 Marbury v. Madison versus the Tripartite Theory of . § 17.1.2.2 Martin v. Hunter's Lessee and Federal Court Supremacy. § 17.1.3.1 During the Formalist Era: 1873-1937. § 17.1.3.2 During the Holmesian Era: 1937-1954. § 17.1.3.3 During the Instrumentalist Era: 1954-1986. § 17.1.3.4 During the Modern Natural Law Era: 1986-Today. § 17.1.4 Evaluation of . § 17.2 The Jurisdiction of the Federal Courts. § 17.2.1 Federal Jurisdiction: What Article III Provides. § 17.2.2 Types of Cases for Which Federal Jurisdiction Exists. § 17.2.2.1...

...Hunter's Lessee established the modern doctrine of judicial review. Between 1873 and 1937, formali... adjudication, where any of a number of abstention doctrines apply, as discussed at § 17.2.4.4. . §...

• The Path of Constitutional Law

• Section 2: Judicial Power and Jurisdiction

... in a series of principles or doctrines, the application of which determines whether an is... as an appropriate application of the abstention doctrine, which was not proper where a statute aff...

• Constitution of the United States (Annotated)

• Favorable Termination After Freedom: Why Heck's Rule Should Reign, Within Reason

Introduction. II. Favorable Termination: An Overview Of History And Reach. A. Heck v. Humphrey. B. Spencer v. Kemna. C. The Circuit Split. 1. Circuits Endorsing the Heck Majority. 2. Circuits Endorsing the Spencer "Majority". III. The Availability Of § 1983 To Non-Habeas-Eligible Criminals. A. The History and Purpose of § 1983 Do Not Counsel Against Favorable Termination. 1. Concurrent Jurisdiction Over § 1983 Claims Illustrates State Court Adequacy. 2. Official Immunities in § 1983 Actions Illustrate State Court Adequacy. 3. The Aims of § 1983 Espoused by the Supreme Court. B. Strong State Sovereignty Interests Demand Respect for State Court Decisions. 1. Constitutional Federalism Acknowledges the Importance of State Sovereignty. 2. Rules and Doctrines Analogous to Favorable Termina...

...b. Younger v. Harris Abstention Doctrine. The Supreme Court recognizes a "fundamen...

• Louisiana Law Review
• Nbr. 70-2, January 2010

• Quackenbush v. Allstate Ins. Co., 517 U.S. 706 (1996)

... District Court concluded that Burford abstention was appropriate and remanded the case to state cou... unwarranted application of the Burford doctrine. Pp. 716-731. (a) In cases where the relief sought...

• U.S. Supreme Court

• England v. Louisiana Bd. of Medical Examiners, 375 U.S. 411 (1964)

...A three-judge court invoked the doctrine of abstention and remitted the parties to the stat...

• U.S. Supreme Court