Constitutional Law: Limitations Imposed on Traditional Use of Doctrine of Federal Judicial Abstention
The Supreme Court held that federal judicial abstention may be inappropriate where violation of first amendment rights results from threatened state criminal proceedings brought under vague statutes or where bad faith prosecutions give rise to a claim under the Civil Rights Act. In order to provide immediate federal court protection in either of these situations, the Court has had to further erode the traditional policy bases underlying the doctrine of abstention.
Constitutional Law: Limitations Imposed on Traditional Use of Doctrine of Federal Judicial Abstention,
1966 Duke Law Journal
Available at: https://scholarship.law.duke.edu/dlj/vol15/iss1/10