Hypothetical Jurisdiction and Interjurisdictional Preclusion: A "Comity" of Errors

Abstract

This Comment will focus on the competing interests of the Third and Fourth Articles of the Constitution: state autonomy and limitation of federal power on the one hand, judicial economy on the other, respectively. Part II will trace the historical origins and development of hypothetical jurisdiction and interjurisdictional preclusion. Part III will outline the current state of the law regarding these concepts as they have surfaced in several recent Supreme Court decisions. Part IV will suggest a solution to the problem, while Part V will briefly conclude.