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Full-Text Articles in Law
Jurisdiction, Abstention, And Finality: Articulating A Unique Role For The Rooker-Feldman Doctrine, Dustin Buehler
Jurisdiction, Abstention, And Finality: Articulating A Unique Role For The Rooker-Feldman Doctrine, Dustin Buehler
Dustin Buehler
Federal courts frequently confuse the Rooker-Feldman doctrine with Younger abstention and preclusion law, often using these doctrines interchangeably to dismiss actions that would interfere with state court proceedings. For years, scholars argued that the Supreme Court should alleviate this confusion by abolishing the Rooker-Feldman doctrine altogether. The Court recently refused to so, however. In Exxon Mobil Corp. v. Saudi Basic Industries Corp. and Lance v. Dennis, the Court reaffirmed Rooker-Feldman’s vitality, and held that the doctrine plays a unique role, completely separate from abstention and preclusion rules. And yet these decisions leave a key question unanswered: exactly how does Rooker-Feldman …
Anna Nicole Smith Goes Shopping: The New Forum Shopping Problem In Bankruptcy, Gilbert Marcus Cole, Todd J. Zywicki
Anna Nicole Smith Goes Shopping: The New Forum Shopping Problem In Bankruptcy, Gilbert Marcus Cole, Todd J. Zywicki
Gilbert Marcus Cole
The American bankruptcy system is a hybrid of state law and federal bankruptcy law. Under the Butner principle, federal bankruptcy courts preserve substantive non-bankruptcy law entitlements in bankruptcy unless bankruptcy policies compel a contrary result. This hybrid system, however, gives rise to the threat of forum-shopping if parties attempt to invoke bankruptcy jurisdiction for improper purposes, namely to rearrange non-bankruptcy entitlements to advance no coherent bankruptcy policy. Modern developments in bankruptcy law, as exemplified in the case of Marshall v. Marshall raise a novel threat of bankruptcy forum-shopping. Marshall involved the bankruptcy of tabloid starlet Anna Nicole Smith and her …
Duplicative Foreign Litigation, Austen L. Parrish
Duplicative Foreign Litigation, Austen L. Parrish
Austen L. Parrish
What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of an-other country? With the growth of transnational litigation, the issue of reactive, duplicative proceedings – and the waste inherent in such duplication – becomes a more common problem. The future does not promise change. In a modern, globalized world, litigants are increasingly tempted to forum shop among countries to find courts and law more favorably inclined to them than their opponents. The federal courts, however, do not yet have a coherent response to the problem. They apply …