Federal civil procedure - Sixth Circuit holds that federal court should abstain from deciding a nonparty's First Amendment challenge to a state court injunction
Article Abstract:
The US Court of Appeals for the 6th Circuit ruled, in Gottfried v. Medical Planning Services, Inc., that a federal court should abstain from adjudicating a nonparty's First Amendment challenge to a state court injunction. The Court thus broadened the scope of federal abstention doctrine. However, the Court should have grounded its decision on the need to avoid unnecessary constitutional questions and for deference to state courts in matters relating to state court injunctions.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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Constitutional law - Free Speech Clause - California Supreme court upholds injunction against harassing speech in the workplace - Aguilar v. Avis Rent a Car System
Article Abstract:
The author critically discusses the California Supreme Court's 1999 plurality decision in Aguilar v. Avis Rent a Car System where the court upheld as constitutional under the 1st Amendment an injunction against workplace verbal harassment in the form of racial and ethnic slurs.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2000
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Fifth Amendment - Double Jeopardy Clause - Second Circuit refuses to review district court's acquittal of defendants charged with violating permanent injunction. - United States v. Lynch
Article Abstract:
The U.S. 2d Circuit Court of Appeals in United States v. Lynch denied judicial review of a district court decision by characterizing the lower court's legal finding as a factual finding, rendering the 5th Amendment's Double Jeopardy Clause applicable.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2000
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- Abstracts: Fair housing - First Circuit holds that equal access policy does not violate equal protection principles. - Raso v. Lago
- Abstracts: Statutory interpretation - Second Circuit holds that health care funds lack standing to sue tobacco companies under RICO - Laborers Local 17 Health & Benefit Fund v. Philip Morris, Inc
- Abstracts: Constitutional law - First Amendment - Establishment Clause - Fourth Circuit holds that a school board policy allowing a religious group to distribute Bibles in public school does not violate the Establishment Clause