Eleventh Amendment Immunity.Focuses on the eleventh constitutional amendment that eliminates immunity from state libraries and state-supported institutions and organizations from copyright infringement suits. Amendment of Copyright Act in 1990; Review of legal contests; Implications for patent applications in ...
Unlike a state official, the sheriff is not entitled to Eleventh Amendment immunity when sued for damages in his official capacity, the court said. FromWashington Times Natural Gas Act does not allow companies to condemn state controlled land in federal court because states enjoy sovereign immunity...
Eleventh Amendmentcivil procedurestate sovereign immunityThis essay, in a symposium honoring the scholarship of Ninth Circuit Judge William A. Fletcher, explores the "diversity explanation" of the Eleventh Amendment that he had advanced in articles while he was a UC-Berkeley law professor. That ...
statute had waived Georgia's sovereign immunity from state-law suits in state court, the State claimed Eleventh Amendment immunity from suit in the federal court. The Supreme Court found that a State waives its Eleventh Amendment immunity when it removes a case from state court to federal court...
Eleventh Amendmentsovereign immunitysuits against statesArticle IIIChisholmwaiverdiversity theoryfederal-question jurisdictionabrogationSupreme CourtThe Eleventh Amendment might be the most misunderstood amendment to the Constitution. Both its friends and enemies have treated the Amendment's written text, an...
REIMAGINING THE ELEVENTH AMENDMENT. 来自 EBSCO 喜欢 0 阅读量: 9 作者: Katherine,H.摘要: Proposes an alternative process for the Eleventh Amendment to the U.S. constitution which deals with the principle of immunity that shields unconsenting states from suit in federal court. Possibility of ...
摘要: Kimel v. Florida Bd. of Regents,115 the Court determined that, despite the express intention ofCongress, the Age Discrimination in Employment Act ("ADEA") cannot apply to state employersby virtue of the states' Eleventh Amendment immunity from lawsuits by...
a There is a brief but fascinating discussion of the tension in the law arising from federal regulation of interstate commerce in the face of the reserved powers of the states under the tenth amend ment and sovereign immunity under the eleventh amendment, particularly in the light of Supreme Cou...
of federallaw against state defendants to state courts, raises the problem of whether the 117 Thus, theslippery distinction of "proprietary" from "governmental" functions is inextricable from theWALTER LANDRY SMITHTul.l.rev
Eleventh AmendmentSovereign ImmunityFederalismTextualismTextualistJurisdictionFederal CourtsConstitutional TheoryConstitutional InterpretationBy Andrew B. Coan, Published on 01/01/06Andrew B. CoanSocial Science Electronic Publishing