NCJ Number
17691
Journal
Annals of the American Academy of Political and Social Science Volume: 416 Dated: (NOVEMBER 1974) Pages: 67-76
Date Published
1974
Length
10 pages
Annotation
DISCUSSION OF THE ADMINISTRATIVE AND POLITICAL TENSIONS GENERATED BY THE JURISDICTIONAL OVERLAP BETWEEN STATE AND FEDERAL COURTS.
Abstract
THE ORIGINS OF THE DUAL STATE-FEDERAL COURT SYSTEM ARE EXPLAINED AND JUDICIAL DECISIONS IN THIS AREA ARE CITED. ALSO EXAMINED ARE THE FORUM SELECTION STRATEGIES USED BY LITIGANTS TO GAIN TACTICAL ADVANTAGES AND THE INTERSYSTEM DISCORD THAT HAS ARISEN DUE DIVERSITY JURISDICTION, FEDERAL COMMON LAW DOCTRINES, PREEMPTION AND REMOVAL FORMULAS, USE OF INJUNCTIONS, STATE COURT NONCOMPLIANCE WITH FEDERAL JUDICIAL ORDERS, THREE-JUDGE PANELS AND HABEAS CORPUS RELIEF. RECONCILIATION IN THE FORM OF JUDICIALLY-DEVISED RESTRAINTS (COMITY, ABSTENTION AND EXHAUSTION OF REMEDIES) IS RECOMMENDED.