logo
  • Gonzaga Law


  • Law Review Online
  • About
    • Prospective Members — How To Join
    • Benefactors
    • History of Gonzaga Law Review
  • Current Issue
  • Student Commentary
  • Submissions
  • Subscription
  • Archives
  • Masthead
    • Past Mastheads


Home > Law Review > Volume 47 (2011-2012) > Issue 3, Volume 47 > The Case for “Expanding” the Abstention Doctrine to Account for the Laws and Policies of the American Indian Tribes

The Case for “Expanding” the Abstention Doctrine to Account for the Laws and Policies of the American Indian Tribes

0
26 Jun 2012

Joshua Jay Kanassatega, The Case for “Expanding” the Abstention Doctrine to Account for the Laws and Policies of the American Indian Tribes, 47 Gonz. L. Rev. 589 (2012)

[PDF][Westlaw][Lexis]

The American judicial system has two separate and independent court systems: the courts of the United States and the courts of the states. Both systems are united under one organic document, the U.S. Constitution. The Constitution sets forth a structure of power sharing between the states and the federal government, commonly known as federalism. This unique judicial framework is largely responsible for the creation of the long-standing general principle that the laws of the United States and the laws of the states can apply to the same persons, property, and contracts. This principle has significant legal consequences because of the potential for conflict between the two parallel court systems. That is, two different sets of courts might have concurrent power over the same people and the same things.

To resolve the conflict, the United States Supreme Court crafted rules grounded not only in the common law doctrine of comity, but also in necessity. The first of these judicially created schemes involved reaching back into the common law to apply a “first to file” rule. The “first to file” rule provides that the first court to acquire jurisdiction over the person or property shall have the right to exercise its jurisdiction exclusive of any other court. Application of this rule, however, proved to be somewhat challenging and, eventually, the Supreme Court adopted a different approach to create the proper balance of judicial power between the federal courts and the state courts.

Click here to continue reading.

Search GU Law Review


Contact

Gonzaga Law Review
Gonzaga University School of Law
P.O. Box 3528
Spokane, Washington 99220-3528 USA

Phone: 509-313-5864
Email: lawreview@lawschool.gonzaga.edu

Research Topics

1st Amendment 4th Amendment 9/11 American Indian american legal history Bankruptcy Community Property Constitution copyright corporate law criminal justice criminal law criminal procedure Discrimination due process Education employment law equal protection evidence Federalism federal rules of evidence free exercise health care law intellectual property international law Jesuit jurisprudence legal education legal scholarship legislation political science race Race and Criminal Justice search and seizure sentencing Supreme Court of the United States Symposium Tax technology Torts trademark Tribal Courts UCC UCC Article 9 Washington State Law