Eleventh Amendment Sovereign Immunity
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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)
The Eleventh Amendment And State Sovereign Immunity
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Author : John J. Gibbons
language : en
Publisher:
Release Date : 1983
The Eleventh Amendment And State Sovereign Immunity written by John J. Gibbons and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with categories.
The Eleventh Amendment And Sovereign Immunity
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Author : Clyde E. Jacobs
language : en
Publisher: Praeger
Release Date : 1972-12-29
The Eleventh Amendment And Sovereign Immunity written by Clyde E. Jacobs and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972-12-29 with Law categories.
State Sovereign Immunity And The Eleventh Amendment
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Author : University of Notre Dame. School of Law
language : en
Publisher:
Release Date : 2000
State Sovereign Immunity And The Eleventh Amendment written by University of Notre Dame. School of Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Administrative law categories.
State Sovereign Immunity
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Author : Melvyn R. Durchslag
language : en
Publisher: Praeger
Release Date : 2002-10-30
State Sovereign Immunity written by Melvyn R. Durchslag and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-30 with Law categories.
As part of a new series of Greenwood's comprehensive reference guides to the United States Constitution, Professor Durchslag's edition on the Eleventh Amendment's guarantee of state sovereign immunity is the most thorough and up-to-date treatment of that amendment. The Court's interpretation of the Eleventh Amendment over the past two centuries has been an attempt to balance the sovereign interests of the states against the primacy of federal law, and is currently its primary means of articulating its federalist doctrine. Beginning with an extensive history of the Eleventh Amendment and the ratification debates surrounding it, Durchslag proceeds to a chronological discussion of the development of the first generation of Eleventh Amendment jurisprudence from 1793 - 1890. The book then proceeds topically, tracing the developments of the various doctrinal components of the Amendment, and includes suggestions as to how they may evolve. The work concludes with an erudite bibliographic essay to guide the reader to relevant primary and secondary works, and is fully indexed. For constitutional students, scholars, and legal practitioners, as well as for political scientists and historians studying the constitution or federalism.
The Eleventh Amendment And Sovereign Immunity
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Author : Clyde Edward Jacobs
language : en
Publisher:
Release Date :
The Eleventh Amendment And Sovereign Immunity written by Clyde Edward Jacobs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Government liability categories.
The Eleventh Amendment And Other Sovereign Immunity Doctrines
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Author : Martha A. Field
language : en
Publisher:
Release Date : 1978
The Eleventh Amendment And Other Sovereign Immunity Doctrines written by Martha A. Field and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Administrative law categories.
Sovereign Immunity Or The Rule Of Law
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Author : Donald L. Doernberg
language : en
Publisher:
Release Date : 2005
Sovereign Immunity Or The Rule Of Law written by Donald L. Doernberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
"Sovereign Immunity or the Rule of Law suggests a fresh look at the doctrine of sovereign immunity through the lens of political philosophers whose writings were well known to the people who framed and ratified the United States Constitution. Some of those philosophers espoused theories of sovereignty that logically compelled sovereign immunity. John Locke, the philosopher upon whom the former colonists predominantly relied, espoused a theory of sovereignty that, by contrast, cannot tolerate the idea of sovereign immunity - a government not answerable to its own laws or to the instrument that gave it life. Donald L. Doernberg argues that the United States Constitution exists for no purpose other than to restrain government power, and that to declare the government immune from accountability under it is a profanation of our political and philosophical history."--BOOK JACKET.
The Judicial Power Of The United States
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Author : John V. Orth
language : en
Publisher: Oxford University Press
Release Date : 1987-01-22
The Judicial Power Of The United States written by John V. Orth and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987-01-22 with Law categories.
Although less than fifty words long, the meaning of the seemingly simple Eleventh Amendment has troubled the Supreme Court at crucial points in American history and continues to spur sharp debate in present-day courts. The first amendment adopted after the Bill of Rights, the Eleventh Amendment limits the exercise of U.S. judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction; by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction. Here, Orth reconstructs the fascinating but obscure history of the Eleventh Amendment--the labyrinth of legal doctrine, the economic motives and consequences, the political context, and the legacy of the past--over the last two centuries. Using quotes from Wordsworth, Shaw, Mark Twain, Margaret Mitchell, and other writers to clarify and invigorate his narrative, Orth finally makes accessible an important but complex slice of constitutional history.
The Eleventh Amendment And Other Sovereign Immunity Doctrines
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Author : Martha A. Field
language : en
Publisher:
Release Date : 1978
The Eleventh Amendment And Other Sovereign Immunity Doctrines written by Martha A. Field and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Administrative law categories.