Monday, April 3, 2017

For Wednesday

Monday audio.

We continue with Pullman Abstention. Why can't the Supreme Court interpret state law to get around the federal issue? What is the controlling test for Pullman? What happens if the federal court abstains under Pullman? What is certification and how does it relate to Pullman? See also Justice Sotomayor's opinion in Expressions.

We then move to Statutory Abstention and the three statutes assigned. How does § 1983 relate to § 2283, under Mitchum? What is the underlying rationale for the two tax-injunction statutes?

We then move to Younger: Basics. What was going on in Younger and what is the scope of abstention under that doctrine? How does it tie into the version of § 1257 in effect in 1971? What is "Our Federalism"?