Alden V Maine 1999

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Alden V Maine 1999

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Author : John H. Alden
language : en
Publisher:
Release Date : 2000

Alden V Maine 1999 written by John H. Alden and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Overtime categories.

Summary Of U S Supreme Court Case Concerning State Liability Under The Fair Labor Standards Act Alden V Maine

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Author : Laura Jordan (Lawyer)
language : en
Publisher:
Release Date : 1999

Summary Of U S Supreme Court Case Concerning State Liability Under The Fair Labor Standards Act Alden V Maine written by Laura Jordan (Lawyer) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Government liability categories.

Summarizes Alden v. Maine (U.S. Supreme Court, No. 98-436 (1999)), which established that private individuals may not sue a state in state court to enforce the provisions of the federal Fair Labor Standards Act (FLSA) unless the state waives its sovereign immunity.

Landmark Briefs And Arguments Of The Supreme Court Of The United States

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Author : Gerald Gunther
language : en
Publisher:
Release Date : 2000

Landmark Briefs And Arguments Of The Supreme Court Of The United States written by Gerald Gunther and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.

Eleventh Amendment Sovereign Immunity

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Author : Landmark Publications
language : en
Publisher:
Release Date : 2019-07-27

Eleventh Amendment Sovereign Immunity written by Landmark Publications and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-27 with categories.

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply the doctrine of Eleventh Amendment sovereign immunity. * * * The Eleventh Amendment to the United States Constitution provides: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. Const. amend. XI. The Supreme Court in Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890), "extended the Eleventh Amendment's reach to suits by in-state plaintiffs, thereby barring all private suits against non-consenting States in federal court." Lombardo v. Pa., Dep't of Pub. Welfare, 540 F.3d 190, 194 (3d Cir. 2008) (emphasis omitted). Immunity from suit in federal court under the Eleventh Amendment is designed to preserve the delicate and "proper balance between the supremacy of federal law and the separate sovereignty of the States." Alden v. Maine, 527 U.S. 706, 757, 119 S.Ct. 2240, 144 L.Ed.2d 636 (1999). The Eleventh Amendment serves two fundamental imperatives: safeguarding the dignity of the states and ensuring their financial solvency. See Hess v. Port Auth. Trans-Hudson Corp., 513 U.S. 30, 52, 115 S.Ct. 394, 130 L.Ed.2d 245 (1994) (identifying "States' solvency and dignity" as the concerns underpinning the Eleventh Amendment). Karns v. Shanahan, 879 F. 3d 504 (3rd Cir. 2018)

Chisholm To Alden

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Author : Christopher Brooks
language : en
Publisher:
Release Date : 2006

Chisholm To Alden written by Christopher Brooks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Constitutional history categories.

Most simply said, this dissertation is about whether the citizen of one state of the United States may sue another state of the United States despite the Eleventh Amendment to the United States Constitution, which reads: The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Though this provision addresses the broader issue of states' sovereignty, the principle objective of this work, Chisholm to Alden: James Wilson's "Artificial Person" in American Constitutional History, 1793-1999, is on the suability of the states. To appropriately appraise this subject, I investigate what the original intent of those who wrote the Constitution was and what various Courts in the history of US jurisprudence consider that intent or meaning to have been, ending with the textualist-originalist Justices of the 1990s, many or whom remain on the bench today. This is a discombobulating task, for there were so many differing opinions at the Federal Convention as to what the text meant, that there cannot be just one. Therefore, taking a look at some of the major cases that address states' suability in US Supreme Court history, I focus on the more specific question of what could have reasonably been meant by the Founders on states' suability. The point of departure for this venture is Chisholm v. Georgia (1793), since it was the impetus for the Eleventh Amendment, with aspecial focus on James Wilson's opinion in the case. From there, selected cases from theMarshall Court through to the 1999 case of Alden v. Maine are carefully discussed as a meansof discovering whether or not the states were ever actually suable and which cases may haveled more modern Courts astray.

Congress Confronts The Court

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Author : Colton C. Campbell
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2002-05-09

Congress Confronts The Court written by Colton C. Campbell and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-05-09 with Political Science categories.

The Supreme Court is frequently portrayed as an isolated entity void of politics that reaches judgments by some unseen and unknowable logic. At the same time, Congress is cast as a singularly political enterprise with little regard for nuanced lawmaking. This volume of original essays by leading scholars shows both branches in a new light. It explores the impact of sustained partisan politics, the recent reassertion of legislative power at the expense of judicial review, and the sometimes stormy relationship between Congress and the Court.

Congress And The Politics Of Emerging Rights

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Author : Colton C. Campbell
language : en
Publisher: Rowman & Littlefield
Release Date : 2002

Congress And The Politics Of Emerging Rights written by Colton C. Campbell and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.

Campbell and Stack (both in political science, Florida International U.) present seven contributions that explore the evolution of political right in American society, as played out in the legislation of Congress, the rulings of the federal judiciary, and the frequent tension between the two. Authors examine the Supreme Court's recent limiting of the power of the Commerce Clause of the Constitution for social reform, the unanticipated sexual harassment consequences of the Civil Rights Act of 1964, the "judicially created" right to privacy, the ability of gay rights organizations to bargain with Congress over anti-discrimination legislation, the recent redefinition of state's rights by the Rehnquist majority of the Supreme Court, the role of lawyers in defending the interests or "rights" of Congress in the courts, and a comparative analysis of the differing perspectives of rights between the United States and the rest of the world. Annotation copyrighted by Book News, Inc., Portland, OR.

Fbi Law Enforcement Bulletin

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Author :
language : en
Publisher:
Release Date : 2000

Fbi Law Enforcement Bulletin written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Crime categories.

Federal Courts

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Author : Michael Finch
language : en
Publisher: Aspen Publishing
Release Date : 2020-02-02

Federal Courts written by Michael Finch and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-02 with Law categories.

Federal Courts: Context, Cases, and Problems, Third Edition by Michael Finch, Caprice L. Roberts and Michael P. Allen is an innovative, highly accessible casebook that features problems, cases connected by narrative text, charts, and graphs, all presented in a manner suited to multiple teaching approaches. New to the Third Edition: Updates to each chapter with key cases, text additions, and doctrinal developments, e.g. Markazi, Patchak, diversity jurisdiction via removal, and Ziglar v. Abbasi. New incorporation of thoughtful revisions to streamline comprehension and eliminates unnecessary explorations based on adopter feedback while maintaining all seminal cases. Updated charts, graphs, and problems based on new data, statistics, and cases such as Facebook, Spokeo, Sprint v. Jacobs, and McDonough v. Smith. Sharpened case excerpts to enhance reading assignments and deepen discussions. Professors and students will benefit from: Application opportunities with the included Reference Problems, questions, and additional problems. Clarity of textual material that includes doctrinal highlights, decision trees, diagrams, charts, and other dynamic visual aids. Crisp, insightful case excerpts with helpful connecting explanatory text. Teaching materials include: Teacher’s Manual Sample syllabi

Encyclopedia Of Supreme Court Quotations

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Author : Christopher A. Anzalone
language : en
Publisher: M.E. Sharpe
Release Date : 2000

Encyclopedia Of Supreme Court Quotations written by Christopher A. Anzalone and has been published by M.E. Sharpe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.

This is a collection of 1500 quotes from more than 1000 Supreme Court decisions. These excerpts, dating from the beginning of the Republic, are arranged to include the legislative, judicial, and executive branches; states' rights; due process; free speech; equal rights; and freedom of religion.