The Comment proposes that, for doctrinal and practical reasons, determinations of equitable mootness should be reviewed for an abuse of discretion. However, numerous scholars have recognized that the deference granted under the abuse of discretion standard is more of a spectrum than a single, easily definable standard. Therefore, the Comment also suggests that courts of appeals should be more willing to overturn determinations of equitable mootness than other issues reviewed for an abuse of discretion.
Matthew D. Pechous,
Walking the Tight Rope and Not the Plank: A Proposed Standard for Second-Level Appellate Review of Equitable Mootness Determinations,
Emory Bankr. Dev. J.
Available at: https://scholarlycommons.law.emory.edu/ebdj/vol28/iss2/11