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Anti-Injunction Act
The Anti-Injunction Act (28 U.S.C§ 2283, is a United States federal statute that restricts a federal court's authority to issue an injunction against ongoing state court proceedings, subject to three enumerated exceptions. It states: : "A court of the United States may not grant an injunction to stay proceedings in a state court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments''."'' The Act was originally enacted as part of the Judiciary Act of 1793. The current Act was enacted in 1948. As interpreted by the Supreme Court of the United States, the Act is a bastion of federalism and embodies the need to avoid "needless friction" between state and federal courts. History 1793 enactment and 19th-century development Section 5 of the Judiciary Act of 1793 provided that no "writ of injunction hallbe granted to stay proceedings of any court of a state." The provision has no legislative hi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of Congress
An Act of Congress is a statute enacted by the United States Congress. Acts may apply only to individual entities (called Public and private bills, private laws), or to the general public (Public and private bills, public laws). For a Bill (law), bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of the United States, be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by the president, receive a congressional override from of both houses. Public law, private law, designation In the United States, Acts of Congress are designated as either public laws, relating to the general public, or private laws, relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X is the number of the Congress and Y refers to the sequential order of the bill (when it was enacted). ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging law concepts from various topics. Law reviews are generated in almost all law bodies/institutions worldwide. However, in recent years, some have claimed that the traditional influence of law reviews is declining. Unlike other scholarly journals, most law journals in the United States and Canada are housed at individual law schools and are edited by students, not professional scholars. A law school will typically have a "flagship" law review and several secondary journals dedicated to specific topics. For example, Harvard Law School's flagship journal is the '' Harvard Law Review'', and it has 16 other secondary journals such as the ''Harvard Journal of Law & Technology'' and the '' Harvard Civil Rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Temporary Restraining Order
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. Dec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaratory Judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Virgin Islands
The Virgin Islands ( es, Islas Vírgenes) are an archipelago in the Caribbean Sea. They are geologically and biogeographically the easternmost part of the Greater Antilles, the northern islands belonging to the Puerto Rico Trench and St. Croix being a displaced part of the same geologic structure. Politically, the British Virgin Islands have been governed as the western island group of the Leeward Islands, which are the northern part of the Lesser Antilles, and form the border between the Caribbean Sea and the Atlantic Ocean. The archipelago is separated from the true Lesser Antilles by the Anegada Passage and from the main island of Puerto Rico by the Virgin Passage. The islands fall into three different political jurisdictions: * Virgin Islands, informally referred to as British Virgin Islands, a British overseas territory, * Virgin Islands of the United States, an unincorporated territory of the United States, * Spanish Virgin Islands, the easternmost islands of the Comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Northern Mariana Islands
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI; ch, Sankattan Siha Na Islas Mariånas; cal, Commonwealth Téél Falúw kka Efáng llól Marianas), is an unincorporated territory and commonwealth of the United States consisting of 14 islands in the northwestern Pacific Ocean.Lin, Tom C.W.Americans, Almost and Forgotten 107 California Law Review (2019) The CNMI includes the 14 northernmost islands in the Mariana Archipelago; the southernmost island, Guam, is a separate U.S. territory. The United States Department of the Interior cites a landmass of . According to the 2020 United States Census, 47,329 people were living in the CNMI at that time. The vast majority of the population resides on Saipan, Tinian, and Rota. The other islands of the Northern Marianas are sparsely inhabited; the most notable among these is Pagan, which for various reasons over the centuries has experienced major population flux, but formerly had res ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guam
Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic center of the U.S.); its capital Hagåtña (144°45'00"E) lies further west than Melbourne, Australia (144°57'47"E). In Oceania, Guam is the largest and southernmost of the Mariana Islands and the largest island in Micronesia. Guam's capital is Hagåtña, and the most populous village is Dededo. People born on Guam are American citizens but have no vote in the United States presidential elections while residing on Guam and Guam delegates to the United States House of Representatives have no vote on the floor. Indigenous Guamanians are the Chamoru, historically known as the Chamorro, who are related to the Austronesian peoples of Indonesia, the Philippines, Malaysia, Taiwan, Micronesia, and Polynesia. As of 2022, Guam's population is 168, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Panama Canal Zone
The Panama Canal Zone ( es, Zona del Canal de Panamá), also simply known as the Canal Zone, was an unincorporated territory of the United States, located in the Isthmus of Panama, that existed from 1903 to 1979. It was located within the territory of Panama, consisting of the Panama Canal and an area generally extending on each side of the centerline, but excluding Panama City and Colón. Its capital was Balboa. The Panama Canal Zone was created on November 18, 1903 from the territory of Panama; established with the signing of the Hay–Bunau-Varilla Treaty, which allowed for the construction of the Panama Canal within the territory by the United States. The zone existed until October 1, 1979, when it was incorporated back into Panama. In 1904, the Isthmian Canal Convention was proclaimed. In it, the Republic of Panama granted to the United States in perpetuity the use, occupation, and control of a zone of land and land underwater for the construction, maintenance, opera ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated territories of the United States, unincorporated territory of the United States. It is located in the northeast Caribbean Sea, approximately southeast of Miami, Florida, between the Dominican Republic and the United States Virgin Islands, U.S. Virgin Islands, and includes the eponymous main island and several smaller islands, such as Isla de Mona, Mona, Culebra, Puerto Rico, Culebra, and Vieques, Puerto Rico, Vieques. It has roughly 3.2 million residents, and its Capital city, capital and Municipalities of Puerto Rico, most populous city is San Juan, Puerto Rico, San Juan. Spanish language, Spanish and English language, English are the official languages of the executive branch of government, though Spanish predominates. Puerto Rico ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federalism
Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments (Province, provincial, State (sub-national), state, Canton (administrative division), cantonal, territorial, or other sub-unit governments) in a single political system, dividing the powers between the two. Federalism in the modern era was first adopted in the unions of states during the Old Swiss Confederacy. Federalism differs from Confederation, confederalism, in which the general level of government is subordinate to the regional level, and from devolution within a unitary state, in which the regional level of government is subordinate to the general level. It represents the central form in the pathway of regional integration or separation, bounded on the less integrated side by confederalism and on the more integrated side by devolution within a unitary state. Examples of a federation or federal province or state include ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comity
In law, comity is "a practice among different political entities (as countries, states, or courts of different jurisdictions)" involving the "mutual recognition of legislative, executive, and judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ... acts." Etymology Comity derives from the Latin ''comitas'', courtesy, from ''cemis'', friendly, courteous. International law The doctrine of international comity has been described variously "as a choice-of-law principle, a synonym for private international law, a rule of public international law, a moral obligation, expediency, courtesy, reciprocity, utility, or diplomacy. Authorities disagree as to whether comity is a rule of natural law, Customary international law, custom, treaty, or domestic law. Indeed, there is not even agreem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judicial restraint in its judgements. Frankfurter was born in Vienna, immigrating to New York City at the age of 12. After graduating from Harvard Law School, Frankfurter worked for Henry L. Stimson, the U.S. Secretary of War. During World War I, Frankfurter served as Judge Advocate General. After the war, he helped found the American Civil Liberties Union and returned to his position as a professor at Harvard Law School. He became a friend and adviser of President Franklin D. Roosevelt, who appointed him to fill the Supreme Court vacancy caused by the death of Benjamin N. Cardozo. Although Frankfurter's personal political views were strongly liberal, his experience with the Supreme Court's ''Lochner ''era in which conservative justices stru ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
