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The Eleventh Amendment And Other Sovereign Immunity Doctrines


The Eleventh Amendment And Other Sovereign Immunity Doctrines
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The Eleventh Amendment And Other Sovereign Immunity Doctrines


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.




The Eleventh Amendment And Other Sovereign Immunity Doctrines


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.




Eleventh Amendment Sovereign Immunity


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)



State Sovereign Immunity In The United States


State Sovereign Immunity In The United States
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Author : Source Wikipedia
language : en
Publisher: University-Press.org
Release Date : 2013-09

State Sovereign Immunity In The United States written by Source Wikipedia and has been published by University-Press.org this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with categories.


Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 29. Chapters: United States Eleventh Amendment case law, Chisholm v. Georgia, Oneida County v. Oneida Indian Nation of N.Y. State, Parker immunity doctrine, City of Boerne v. Flores, Nevada Department of Human Resources v. Hibbs, Board of Trustees of the University of Alabama v. Garrett, Kimel v. Florida Board of Regents, Seminole Tribe v. Florida, Ex parte Young, Edelman v. Jordan, Northern Insurance Company of New York v. Chatham County, Giles v. Harris, Will v. Michigan Dept. of State Police, Parker v. Brown, Alden v. Maine, Hans v. Louisiana, Tennessee v. Lane, Cherokee Nation v. Georgia, California Retail Liquor Dealers Association v. Midcal Aluminum, Inc., College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, Central Virginia Community College v. Katz, Idaho v. Coeur d'Alene Tribe of Idaho, Fitzpatrick v. Bitzer, Abrogation doctrine, Atascadero State Hospital v. Scanlon, Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, Osborn v. Bank of the United States, Chittister v. Department of Community & Economic Development. Excerpt: Oneida Cnty. v. Oneida Indian Nation of N.Y. State, 470 U.S. 226 (1985), is a landmark decision concerning aboriginal title in the United States. The case was "the first Indian land claim case won on the basis of the Nonintercourse Act." The Supreme Court held that Indian tribes have a common law cause of action for possessory land claims based upon aboriginal title, that the Nonintercourse Act did not preempt that cause of action, and that the cause of action was not barred by a statute of limitations, abatement, implicit federal ratification, or nonjusticiability. Four dissenting justices would have held for the counties on the defense of laches, a question which the majority did not reach, but expressed doubts about. Furthermore, the court held...



Sovereign Immunity Or The Rule Of Law


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.



State Sovereign Immunity


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


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.




Rights Remedies And The Impact Of State Sovereign Immunity


Rights Remedies And The Impact Of State Sovereign Immunity
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Author : Christopher Shortell
language : en
Publisher: State University of New York Press
Release Date : 2008-06-30

Rights Remedies And The Impact Of State Sovereign Immunity written by Christopher Shortell and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-30 with Political Science categories.


The Supreme Court's recent spate of state sovereign immunity rulings have protected states from lawsuits based on federal legislation as diverse as disabilities law, age discrimination, patent and trademark law, and labor standards. But does the doctrine of state sovereign immunity increase state authority? Does it undermine federal antidiscrimination statutes? Is it an effective means to revive a more robust version of federalism, shifting the balance of power toward states and away from the federal government, and if so, what are the costs and implications of such an approach? This book explores these questions through engaging historical case studies and traces the impact of state sovereign immunity on both plaintiffs and states. Demonstrating that the doctrine's primary effect is felt most keenly by the weakest and most politically unpopular individuals, Christopher Shortell's findings challenge arguments from both proponents and opponents of state sovereign immunity.



Parker V Brown The Eleventh Amendment And Anticompetitive State Regulation


Parker V Brown The Eleventh Amendment And Anticompetitive State Regulation
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Author : William H. Page
language : en
Publisher:
Release Date : 2018

Parker V Brown The Eleventh Amendment And Anticompetitive State Regulation written by William H. Page and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.


The Parker v. Brown (or “state action”) doctrine and the Eleventh Amendment of the Constitution impose differen limits on antitrust suits challenging anticompetitive state regulation. The Supreme Court has developed these two versions of state sovereign immunity separately, and lower courts usually apply the immunities independently of each another (even in the same cases) without explaining their relationship. Nevertheless, the Court has derived the two immunities from the same principle of sovereign immunity, so it is worth considering why and how they differ, and what the consequences of the differences are for antitrust policy. The state action immunity is based on statutory interpretation of the Sherman Act; the Court has shaped the shaped the doctrine over seventy-five years, guided by both considerations of state sovereignty and antitrust policy, so it should reflect a balance of the two critical variables. The Eleventh Amendment immunity, by contrast, has nothing specifically to do with antitrust policy; it is a general constitutional doctrine based on state sovereignty, with some acknowledgment of the demands of general federal authority. Our concern is that the application of the broader immunity is can thwart the balance between state sovereignty and antitrust policy reflected in the antitrust-specific immunity. There are many differences between the immunities, but the only significant area of concern is in the subset of cases in which Eleventh Amendment immunity applies but the state action immunity does not--cases, in other words, in which the Supreme Court has chosen to deny Parker immunity to state-connected actors, in part because of considerations of antitrust policy. In those cases, the antitrust-specific version of sovereign immunity does not protect the state actors from damage liability, but the Eleventh Amendment immunity does. Is that a problem? To make a long story short, we conclude that the effect of the conflict on consumer welfare is probably small, because of the Eleventh Amendment immunity's own limitations, and because of adaptations that public and private enforcers can make in case of a conflict. The outcome may, entirely by accident, be efficient.



The Judicial Power Of The United States


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.