Eleventh Amendment Sovereign Immunity

Author : Landmark Publications
Publisher :
ISBN 13 : 9781082412004
Total Pages : 546 pages
Book Rating : 4.07/5 ( download)

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Download or read book Eleventh Amendment Sovereign Immunity written by Landmark Publications and published by . This book was released on 2019-07-27 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)

Author : Clyde E. Jacobs
Publisher : Praeger
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.39/5 ( download)

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Download or read book The Eleventh Amendment and Sovereign Immunity written by Clyde E. Jacobs and published by Praeger. This book was released on 1972-12-29 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Clyde E. Jacobs
Publisher : Praeger
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.26/5 ( download)

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Download or read book The Eleventh Amendment and Sovereign Immunity written by Clyde E. Jacobs and published by Praeger. This book was released on 1972-12-29 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Melvyn R. Durchslag
Publisher : Praeger
ISBN 13 : 9780313313486
Total Pages : 0 pages
Book Rating : 4.82/5 ( download)

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Download or read book State Sovereign Immunity written by Melvyn R. Durchslag and published by Praeger. This book was released on 2002-10-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : John V. Orth
Publisher : Oxford University Press, USA
ISBN 13 : 0195040996
Total Pages : 248 pages
Book Rating : 4.99/5 ( download)

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Download or read book The Judicial Power of the United States written by John V. Orth and published by Oxford University Press, USA. This book was released on 1987 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Eleventh Amendment is one of the most obscure and sharply debated parts of the United States Constitution. The interpretation of this seeminly simple clause has troubled the Supreme Court at crucial periods in American history, and continues to excite sharp debate in the Court today. John V. Orth reconstructs the fascinating but little-known past of the Eleventh Amendment and connects it to pressing modern issues to provide new insight into the history of judicial interpretation.

Author : Christopher Shortell
Publisher : State University of New York Press
ISBN 13 : 0791478025
Total Pages : 230 pages
Book Rating : 4.28/5 ( download)

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Download or read book Rights, Remedies, and the Impact of State Sovereign Immunity written by Christopher Shortell and published by State University of New York Press. This book was released on 2008-06-30 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Donald L. Doernberg
Publisher :
ISBN 13 :
Total Pages : 276 pages
Book Rating : 4.90/5 ( download)

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Download or read book Sovereign Immunity Or the Rule of Law written by Donald L. Doernberg and published by . This book was released on 2005 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Author : Andrew H. Baida
Publisher :
ISBN 13 :
Total Pages : 26 pages
Book Rating : 4.29/5 ( download)

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Download or read book The States' Immunity from Suit in Federal and State Court written by Andrew H. Baida and published by . This book was released on 2000 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the scope and recent interpretations of the Eleventh Amendment to the United States Constitution. That amendment restricts the judicial power of the United States over States. As the Congress enacts legislation applicable to States, States are increasingly questioning the courts' authority to enforce requirements arising from these laws. The goal of this report is to assist transportation officials by providing information that enables better understanding of the States' immunity from suit.

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.70/5 ( download)

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Download or read book Sovereign Immunity and the Protection of Intellectual Property written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2003 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : United States
Publisher :
ISBN 13 :
Total Pages : 2 pages
Book Rating : 4.99/5 ( download)

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Download or read book Patent and Plant Variety Protection Remedy Clarification Act written by United States and published by . This book was released on 1992 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt: