Abstaining Federal Court Can Hear Federal Claims If Not Voluntarily and Fully Litigated in State Court or If Party Reserves Right to Return

1964 ◽  
Vol 64 (4) ◽  
pp. 766
Keyword(s):  
Federal Court ◽  
State Court

scholarly journals In the Beginning There Was None: Supreme Court Review of State Criminal Prosecutions

2017 ◽  
Author(s):  
Kevin C. Walsh
Keyword(s):  
Supreme Court ◽  
Federal Court ◽  
Structural Relationship ◽  
State Court ◽  
Court Decisions ◽  
Court System ◽  
Federal Law ◽  
Federal Judiciary ◽  
Federal Jurisdiction ◽  
In The Beginning

This Article challenges the unquestioned assumption of all contemporary scholars of federal jurisdiction that section 25 of the Judiciary Act of 1789 authorized Supreme Court appellate review of state criminal prosecutions. Section 25 has long been thought to be one of the most important provisions of the most important jurisdictional statute enacted by Congress. The Judiciary Act of 1789 gave concrete institutional shape to a federal judiciary only incompletely defined by Article III. And section 25 supplied a key piece of the structural relationship between the previously existing state court systems and the new federal court system that Congress constructed with the Act. It provided for Supreme Court appellate review of certain state court decisions denying the federal-law-based rights of certain litigants.

Courts: Federal Court Injunction against State Court Proceedings: Section 2283 of the Judicial Code

1958 ◽  
Vol 46 (2) ◽  
pp. 290
Author(s):  
K. D. Lyders
Keyword(s):  
Federal Court ◽  
State Court ◽  
Court Proceedings
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