This Comment offers a new approach to the domestic relations exception. It proposes a three-step analysis that properly accounts for the exception¿s underlying values: federalism and access to courts, as well as the value that has kept the exception alive to this day¿stare decisis. Should federal courts adopt this Comment¿s approach, a uniform application of the domestic relations exception emerges, and from there, a proper scope will develop. Although the exact contours of the exception¿s limits will always be difficult to delineate given the highly factual nature of family law inquiries, this Comment¿s proposed analysis offers a significant step toward establishing the consistency concerning the domestic relations exception.
Let's Not Throw out the Baby with the Bathwater: A Uniform Approach to the Domestic Relations Exception,
Emory L. J.
Available at: https://scholarlycommons.law.emory.edu/elj/vol67/iss5/4