tag:blogger.com,1999:blog-3526212276559221756.post3174016418374744168..comments2023-09-30T07:43:20.855-07:00Comments on kanBARoo court: Interlude 25. California Supreme Court weighs in for state-bar extremists: Time to turn to the federal courtsStephen R. Diamondhttp://www.blogger.com/profile/07165258952900481659noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-3526212276559221756.post-79992333987116706572012-08-30T14:26:40.255-07:002012-08-30T14:26:40.255-07:00I discuss Younger abstention in "50th Install...I discuss Younger abstention in "50th Installment. Federal Jurisdiction & Issue Preclusion" (http://kanbaroo.blogspot.com/2008/10/jurisdictional-bars-and-issue.html)<br /><br /><br /><br />Stephen R. Diamondhttps://www.blogger.com/profile/07165258952900481659noreply@blogger.comtag:blogger.com,1999:blog-3526212276559221756.post-18226508906856954502012-08-11T14:26:17.987-07:002012-08-11T14:26:17.987-07:00Anonymous:
If you don't understand the legal ...Anonymous:<br /><br />If you don't understand the legal doctrine of the Younger abstention. Keep quiet. Granting a motion to dismiss can be overcome if the Defense Bar would file prior to an NDC being filed.robertnoreply@blogger.comtag:blogger.com,1999:blog-3526212276559221756.post-77520775455821288982012-07-16T13:30:58.197-07:002012-07-16T13:30:58.197-07:00Anonymous,
Your conclusion is very reasonable, bu...Anonymous,<br /><br />Your conclusion is very reasonable, but deference isn't absolute. I don't think anyone has argued in federal court that the Supreme Court’s special relationship to the State Bar,which functions as its administrative arm, creates a conflict of interest which incapacitates scrutiny. (Guarino v. Larsen (3rd Cir. 1993) 11 F.3d 1151, 1159 n.4 ["when a court makes a decision concerning the legality of its own actions, it may be too biased to justify abstention by the federal courts even if its actions are considered adjudicative"]; Friedman & Gaylord (1999) Rooker-Feldman, From the Ground Up, 74 Notre Dame L. Rev. 1129, 1132 ["there is sufficient basis for questioning whether a state's highest court can provide the dispassionate resolution that ought to be required when no other judicial review commonly occurs"].<br /><br />There are also equal-protection arguments that haven't been tried. (http://tinyurl.com/aeuv3s)Stephen R. Diamondhttps://www.blogger.com/profile/07165258952900481659noreply@blogger.comtag:blogger.com,1999:blog-3526212276559221756.post-67753338757928979982012-07-13T18:39:31.436-07:002012-07-13T18:39:31.436-07:00Read the judgement in Kay's case against the S...Read the judgement in Kay's case against the State Bar in Federal court where the court say it was the policy of the federal court to defer to the state in discipline proceedings. There is no relief coming from the federal bench.Anonymousnoreply@blogger.com