Rights, Remedies, and the Impact of State Sovereign ImmunityState University of New York Press, 30. juni 2008 - 223 sider 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. |
Innhold
1 | |
2 The Doctrine of State Sovereign Immunity | 13 |
3 The Dawn of State Sovereign Immunity | 27 |
4 Debt Repudiation and Backlashin the 1840s | 57 |
5 PostCivil War Debts and the Exercise of Immunity | 85 |
6 Sovereign Immunity in the Rehnquist and Roberts Eras | 115 |
7 Conclusion | 153 |
Notes | 163 |
Cases Cited | 191 |
References | 197 |
211 | |
Andre utgaver - Vis alle
Rights, Remedies, and the Impact of State Sovereign Immunity Christopher Shortell Ingen forhåndsvisning tilgjengelig - 2008 |
Rights, Remedies, and the Impact of State Sovereign Immunity Christopher Shortell Ingen forhåndsvisning tilgjengelig - 2009 |
Rights, Remedies, and the Impact of State Sovereign Immunity Christopher Shortell Ingen forhåndsvisning tilgjengelig - 2008 |
Vanlige uttrykk og setninger
107th Congress action Alden American Arkansas attorney authority bill Board of Liquidation bondholders bonds Chisholm Circuit citizens claim College Savings Bank committee Constitution coupons Court decided creditors debt decision defaulted Democrats dismissed doctrine Education Expense Board eign immunity Eleventh Amendment employees Ex Parte Young federal courts federal level filed Florida Central Railroad Florida Prepaid Postsecondary funds Garrett Georgia Gillon governor impact Indiana Company intellectual property interest internal improvements issue jurisdiction Justice Kimel Law Review lawsuit legislation legislature loan Louisiana Marcus Maryland McGrane million Mississippi Moultrie negotiations party patent payment Pennsylvania percent plaintiffs political support Postsecondary Education Expense Prepaid Postsecondary Education probation officers protect railroad Ratchford 1966 relied remedy Republican repudiation resources and political response Seminole Tribe Senate South Carolina sover sovereign immunity Staphorsts state’s sued suit Supreme Court tion Tribe of Florida U.S. Congress United University of Alabama Vassall violations Virginia waive Whigs York