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Topic: Abstention

In the News (Fri 19 Jul 19)

  Abstention - Wikipedia, the free encyclopedia
Abstention is a term in election procedure for when a participant in a vote either does not goes to vote (on election day) or, in parliamentary procedure, isn't absent during the vote, but does not cast a ballot.
Abstention must be contrasted with "white vote", in which a participant in a vote cast a deliberately unlegitimate vote (drawing pictures on the ballot, etc.) or in which he simply casts a blank vote: a "white voter" has voted, while an abstentionnist hasn't voted.
An abstention may be used to indicate the voting individual's ambivalence about the measure, or mild disapproval that does not rise to the level of active opposition.
en.wikipedia.org /wiki/Abstention   (677 words)

 Abstention doctrine - Wikipedia, the free encyclopedia
An abstention doctrine is any one of several doctrines that a United States federal court might (or in some cases must) apply to refuse to hear a case, when hearing the case would potentially intrude upon the powers of the state courts.
Pullman abstention was the first "doctrine of abstention" to be announced by the Court, and is named for Railroad Commission v.
This form of abstention allows state courts to correct things like equal protection violations for themselves by interpreting offending statutes as void under existing state constitutional provisions, thus avoiding the embarrassment of having state policy corrected by the federal courts.
en.wikipedia.org /wiki/Abstention_doctrine   (969 words)

 BRAD D. KRASNOFF, Chapter 7 Trustee v.RICHARD MARSHACK   (Site not responding. Last check: 2007-10-26)
Krasnoff contends, alternatively, that the abstention motion should be deemed a motion for leave to sue, and that the bankruptcy court abused its discretion by denying his motion.
Although Krasnoff's motion for abstention was procedurally improper and not ripe for the court's adjudication, the bankruptcy court and the interested parties were well aware of the history and purpose of the motion: Krasnoff had stepped in for the creditor on behalf of the estate, and sought to sue Marshack in state court.
The bankruptcy court did not deem Krasnoff's motion for abstention to be a motion for leave to sue Marshack in state court, and it cannot be so characterized, as a matter of law, because substantive factual issues were unresolved.
www.ce9.uscourts.gov /Web/bap.nsf/0/8320F559533DE718882569EA00627E1D   (3773 words)

 [No title]
Plaintiffs first contend that Burford abstention is available only in cases invoking equitable remedies and that their request for class certification and a declaratory judgment is not primarily addressed to what used to be the equity side of the court.
We held that abstention was available in the limited context of declaratory relief, opining: [T]he central concern animating the Court's decision to abstain in Burford -- preventing the state regulatory scheme from needless disruption -- simply does not depend on whether the relief sought by the plaintiff is properly characterized as legal or equitable.
Although the abstention doctrines have their root in equity cases, I am aware of no reason why abstention should not equally be available where monetary damages are sought.
vls.law.vill.edu /locator/3d/Jan1995/94a0943p.txt   (7640 words)

Abstention is the principle by which a federal court having jurisdiction to hear a particular case defers to a state court under certain prescribed circumstances.
Whether or not the standards for abstention are met can prescribe the manner and forum in which a dispute is heard, such as litigation in the state receivership court, litigation in federal court or arbitration before a panel of insurance industry executives.
Abstention is the practice by which a federal court which has jurisdiction over a matter defers to a state court with concurrent jurisdiction.
www.robertmhall.com /articles/e.htm   (4367 words)

 Modrall Sperling :: Exhaustion of Tribal Remedies
While this reference might have borne the seed of a jurisprudence that borrows from the federal courts' abstention cases, there is little evidence that the lower courts have heeded such advice.
The abstention decision is remarkable, and, in my view, misguided, because, in the written agreements, the tribe waived its immunity from suit, agreed to arbitration to resolve any dispute, and agreed that federal court would have jurisdiction to enforce the agreement.
These abstention doctrines suggest a two-pronged rule for use in Indian abstention cases: first, there generally must be a pending tribal court proceeding, and second, specific factors under the appropriate branch of the four "federal" abstention doctrines and fundamental fairness must favor abstention.
www.modrall.com /articles/article_65.html   (14197 words)

 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
The abstention doctrine is confined to three categories of cases, none of which applies to the litigation at bar; hence the District Court's dismissal on the basis of abstention was inappropriate.
Abstention from the exercise of federal jurisdiction is the exception, not the rule.
Although this case falls within none of the abstention categories, there are principles unrelated to considerations of proper constitutional adjudication and regard for federal-state relations which govern in situations involving the contemporaneous exercise of concurrent jurisdictions, either by federal courts or by state and federal courts.
caselaw.lp.findlaw.com /scripts/getcase.pl?navby=search&court=US&case=/us/424/800.html   (7077 words)

 Nationwide Mutual Insurance Company v. Unauthorized Practice of Law Committee (2002) * U.S.5th
Although we review a district court's abstention ruling for abuse of discretion, we review de novo whether the requirements of a particular abstention doctrine are satisfied.
In other words, for Pullman abstention to be appropriate in this case, it must involve (1) a federal constitutional challenge to state action and (2) an unclear issue of state law that, if resolved, would make it unnecessary for us to rule on the federal constitutional question.
Thus, for abstention to be proper in this case, the State Bar Act must be fairly susceptible to an interpretation that would permit Nationwide to employ salaried attorneys to represent its insureds in coverage-related cases.
www.claimrep.com /laws/cases/Us5/caseUS5Nationwide02.htm   (2947 words)

 USCA1 Opinion 04-2411
Seeking abstention and remand, the Commissioner urged that New Hampshire has a "comprehensive and uniform" liquidation scheme that would be disrupted by the intrusion of the federal court.
Abstention occurs "only in narrowly circumscribed situations where deference to a state's administrative processes for the determination of complex, policy-laden, state-law issues would serve a significant local interest and would render federal court review inappropriate." Fragoso, 991 F.2d at 882.
The main reasons were (1) the special federal statute encouraging unified resolution of water disputes, (2) the fact that the federal action had barely begun when the state proceedings commenced, and (3) the massive impact on state-law water rights that the federal action would have had in light of the large number of parties involved.
www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=04-2411.01A   (2735 words)

 CRS Report: 97-877 - - NLE
Abstention is a discretionary doctrine under which federal judges may decline to decide cases that are otherwise properly before the federal courts.
Grounded in principles of comity and cooperative federalism, abstention is based on the notion that federal courts should not intrude on sensitive state political and judicial controversies unless necessary.
Abstention is only relevant where a federal court has before it a suit challenging state or local action.
www.cnie.org /nle/crsreports/legislative/leg-33a.cfm?&CFID=1094971&CFTOKEN=57882070   (4536 words)

 The Devil's Excrement
Abstention in general, in municipal elections, is not a rare thing, but, in this case, it is a phenomenon which deserves attention, the huge level that it reached in the popular bastions of Chavismo.
On the other hand, this abstention is the political-electoral translation of the dripping in front of the Miraflores palace, of popular groups identified with Chavismo, that demand satisfaction for their vindication or complain about the inability of the Government to take care of them.
It was anything but normal, in fact, abstention in the last election in which city councilmen were elected was 48.2%, a far cry from the 69.2% that we had yesterday.
blogs.salon.com /0001330/2005/08/08.html   (1471 words)

 OHIO BUREAU OF EMPLOYMENT   (Site not responding. Last check: 2007-10-26)
Concluding that abstention was not proper, the District Court held that the statute, as applied to appellee and the class members, violated those Clauses.
The first, usually referred to as Pullman abstention, involves an inquiry focused on the possibility that the state courts may interpret a challenged state statute so as to eliminate or at least to alter materially, the constitutional question presented.
The second type is Younger abstention, in which the court is primarily concerned, in an equitable setting, with considerations of comity and federalism, both as they relate to the State's interest in pursuing an ongoing state proceeding, and as they involve the ability of the state courts to consider federal constitutional claims in that context.
www.web.ucrc.state.oh.us /abstract/Court/c000131.stm   (4778 words)

 Ninth Circuit En Banc Panel Broadens Younger Abstention Rules
The first, she noted, was that the court had had held Younger abstention was appropriate only where a federal plaintiff sought equitable relief that would “directly interfere” with the state proceeding, such as an injunction.
abstention applies to damages actions in federal court when a “determination that the federal plaintiff’s constitutional rights have been violated would have the same practical effect as a declaration or injunction on pending state proceedings,” Rymer explained.
But since awarding damages is not discretionary, and damages for a constitutional violation may not be available in state court, courts abstaining on Younger grounds from considering a damages action should merely stay, and not dismiss, the lawsuit, Rymer said.
www.metnews.com /articles/2004/gilb090704.htm   (707 words)

 Quackenbush, Cal. Ins. Comm'r, et al. v. Allstate Ins. Co., 517 U.S. 706 (1996)   (Site not responding. Last check: 2007-10-26)
These cases reflect a doctrine of abstention appropriate to our federal system, whereby the federal courts, `exercising a wise discretion,' restrain their authority because of `scrupulous regard for the rightful independence of the state governments' and for the smooth working of the federal judiciary.
To be sure, the abstention doctrines and the doctrine of forum non conveniens proceed from a similar premise: In rare circumstances, federal courts can relinquish their jurisdiction in favor of another forum.
We have not strictly limited abstention to "equitable cases," 47 F. 3d, at 356, but rather have extended the doctrine to all cases in which a federal court is asked to provide some form of discretionary relief.
supct.law.cornell.edu /supct/html/95-244.ZO.html   (5454 words)

 Civil Resource Manual 187
"Abstention" is a judicially created doctrine to resolve conflicts between Federal and state court and is based on comity with state courts.
Abstention decision is made by the bankruptcy court.
However, other abstention decisions are otherwise reviewable only by the district court and not by the courts of appeals or the Supreme Court.
www.usdoj.gov /usao/eousa/foia_reading_room/usam/title4/civ00187.htm   (6832 words)

 Ohio Bureau of Employment Services et al. v. Hodory
abstention, in which the court is primarily concerned, in an equitable setting, with considerations of comity and federalism, both as they relate to the State's interest in pursuing an ongoing state proceeding, and as they involve the ability of the state courts to consider federal constitutional claims in that context.
abstention is an equitable doctrine that comes into play when it appears that abstention may eliminate or materially alter the constitutional issue presented.
abstention, where deference to the state process may result in elimination or material alteration of the constitutional issue, surely does not require that this Court defer to the wishes of the parties concerning adjudication.
www.ahcuah.com /lawsuit/ussc/hodory.htm   (5760 words)

 New Labour’s move away from traditional socialist policies towards the centre of the left/right spectrum demonstrated ...   (Site not responding. Last check: 2007-10-26)
But abstention does seem to be especially higher than usual among the working-class council tenants, unionists and unemployed where the 1997 figures are 6, 7 and 8 points higher respectively than the 1979-92 average.
Indeed, there are hints that Labour abstention was actually slightly lower on average, at 10%, in i ts core working-class group than it was in the middle-class core where it was 12% on average.
In effect there are two processes occurring: abstention generally tends to be higher in the working class, but at the same time abstenti on by a party's supporters tended to be lowest in its own core group and highest in its rival's core.
www.strath.ac.uk /Other/CREST/p68.htm   (3437 words)

Since abstention principles are not completely inapplicable in damages actions, Burford might have supported an order to stay the federal proceedings pending the outcome of the state court litigation on the setoff issue.
Abstention doctrines are a significant contribution to the theory of federalism and to the preservation of the federal system in practice.
The traditional role of discretion in the exercise of equity jurisdiction makes abstention easiest to justify in cases where equitable relief is sought, but abstention, including dismissal, is a possibility that may yet be addressed in a suit for damages, if fundamental concerns of federalism require us to face the issue.
supreme.justia.com /us/517/706/case.html   (7556 words)

 US CODE: Title 11,305. Abstention   (Site not responding. Last check: 2007-10-26)
Abstention under this section, however, is of jurisdiction over the entire case.
Abstention from jurisdiction over a particular proceeding in a case is governed by proposed 28 U.S.C. (c).
Thus, the court is permitted, if the interests of creditors and the debtor would be better served by dismissal of the case or suspension of all proceedings in the case, to so order.
www.law.cornell.edu /uscode/11/usc_sec_11_00000305----000-notes.html   (294 words)

 The Electoral College - "Faithless Electors"
In the most recent act of Elector abstention, Barbara Lett-Simmons, a Democratic Elector from the District of Columbia, did not cast her vote for Al Gore as expected.
Her abstention was meant to protest the lack of Congressional representation for Washington, DC.
Her abstention did not affect the outcome of the election.
www.fairvote.org /e_college/faithless.htm   (1637 words)

 LawKT.com: Law Firm Publications on Abstention Doctrine
The court observed that the abstention issue "goes to the heart of the appropriateness of the exercise of federal jurisdiction in this case," and, therefore, was of paramount importance.
Up until a few years ago, the receiver had a ready remedy in the form of the Burford abstention doctrine, whereby federal courts would abstain from exercising their jurisdiction in deference to the state proceedings.
Burford abstention is appropriate in cases involving difficult questions of state law bearing on policy problems of substantial public import whose importance transcends the result in a specific case at issue, or where federal adjudication of a case would disrupt state efforts to
www.lawkt.com /pubs/Abstention_Doctrine.html   (911 words)

 Depression, abstention and alcohol consumption in the National Longitudinal Alcohol Epidemiology Study   (Site not responding. Last check: 2007-10-26)
When abstention was not stratified into lifetime abstention and ex-drinking, no difference was found in estimated risk of depression between abstainers and current drinkers.
When abstention was stratified into lifetime and ex-drinking, ex-drinkers were found to have an increased risk of depression (OR=1.46 (1.33, 1.61)) while lifetime abstainers were found to have a protective estimated risk against depression (OR=0.70 (0.63, 0.78)) compared to current drinkers.
Abstention is not a homogeneous category with regard to depression.
apha.confex.com /apha/131am/techprogram/paper_63382.htm   (355 words)

 [No title]
Vote on Subcommittee Recommendation: Subcommittee Comment: We reject the insertion of the word "neutral" in the title and body of the definition as it is not the intent of the committee to limit the definition to "neutral" only.
Abstention: Explanation of Vote: ----------------------------------------------------------------------------------------------------------- Rule Definition - "Single grounded/unigrounded" CP 2383 Subcommittee Recommendation: Comment 3353 - Accept in part, add the last 4 words "typically at the source" to the original SC2 definition.
Change the first sentence to read: Where both electric supply systems and communication systems are grounded on a joint use structure, either a single grounding conductor should be used for both systems or the electric supply and communication grounding conductors should be bonded together, except where separation is required by Rule 97A.
grouper.ieee.org /groups/nesc/SC2minutesOct00.doc   (3778 words)

 Venezuela: Abstention decides, SI wins | www.vcrisis.com
It used to be that abstention in Venezuela did not impact results of elections.
In the previous four elections abstention was 18% in 1988, 40% in 1993, 36.6% in 1998 and 43.7% in 2000.
Given the abstention I am expecting, then the SI vote edges out the NO vote on Sunday by two or thee hundred thousand votes and Chavez is recalled.
www.vcrisis.com /index.php?content=letters/200408141117   (729 words)

 Abstention from filtered coffee may reduce heart disease risk factors
After 6 weeks, abstention from coffee resulted in decreases in total cholesterol and tHcy, as well as a significant increase in levels of the B vitamin folate.
Because folate is an important determinant of serum tHcy concentrations, the rise in folate concentrations may have been the cause of the decline in tHcy.
Abstention from filtered coffee reduces the concentrations of plasma homocysteine and serum cholesterol—a randomized controlled trial.
www.eurekalert.org /pub_releases/2001-08/ajoc-aff081701.php   (349 words)

"Abstention" = judge-made rules requiring federal district courts to withhold judgment out of deference to state courts or other forms of state process
"Pullman abstention": Where adjudication of a sensitive constitutional question might be avoided by allowing a state court to interpret an ambiguous state statute, a federal district court sitting in equity must stay the action
The origins of Pullman abstention: Railroad Comm'n v.
w3.uchastings.edu /leeet_01/FederalCourts/FC_Class_28.htm   (329 words)

 The Precepts of Morality
Abstention from the taking of alcohol or other intoxicants.
By doing so, it also enables them to master their basic emotions and desires, bestows them the serenity needed to pursue meditation and helps them attain birth in the spiritual realm of heaven.
For those that could accept more observance of moral discipline, there were special observances such as an annual three month abstention from eating meat and six days of fasting during each lunar month (the Posada).
www.tientai.net /practice/sila1.htm   (549 words)

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