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Commons @ American University Washington College of Law. For more information, please contactfbrown@wcl.american.edu. Recommended Citation Bush, Jocelyn H. "To Abstain or Not to Abstain: A New Framework for Application of the Abstention Doctrine in International Parallel Proceedings." American University Law Review 58, no. 1 (October 2008): 127 ...
- Jocelyn H. Bush
- 2008
May 7, 2018 · By: Jeffrey A. Beaumont, Esq. Our clients often ask us to provide guidance relative to the terms “abstention” and “recusal.” In a nut-shell, abstention is “the withholding of a vote [by a director],” whereas recusal is the “[r]emoval of oneself as judge or policy-maker in a particular matter, especially because of a conflict of interest.” (Black’s Law Dictionary (8th ed. 2004).
of a difficult state law issue might moot or alter.6 Instead, federal courts will wait for state courts to resolve the state law issues that might make the resolution of federal constitutional claims unnecessary. The Younger doctrine takes its name from Younger v. Harris, in which the Supreme
- Fallon, H Richard
- 2015
Pullman abstention was the first "doctrine of abstention" to be announced by the Court, and is named for Railroad Commission v. Pullman Co., 312 U.S. 496 (1941).The doctrine holds that "the federal courts should not adjudicate the constitutionality of state enactments fairly open to interpretation until the state courts have been afforded a reasonable opportunity to pass on them."
What does "abstain" mean in legal documents? The term "abstain" in legal contexts refers to the decision made by a court or a judge to refrain from exercising its authority over a particular case. This means that instead of stepping in to make a ruling, the court chooses to let another court handle the matter.
Abstention allows federal courts to avoid deciding disputes affecting the states and state law, or at least to delay hearing such disputes until the matters have been heard by the state courts. In so doing, abstention accomplishes a number of goals. It lessens the possibility that federal courts will needlessly decide constitutional issues.
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abstain. Definition of "abstain". To choose to not use federal authority to influence a case, resulting in an abstention. How to use "abstain" in a sentence. The judge decided to abstain from exercising federal jurisdiction in this specific case. Due to the complexities of the case, the federal court opted to abstain, letting the lower courts ...
