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.
Download or read book Rights Without a Remedy written by Christopher Shortell and published by . This book was released on 2004 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Remedies against Immunity written by Valentina Volpe and published by Springer Nature. This book was released on 2021-04-08 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Download or read book Double Immunity written by Aaron Tang and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rehnquist Court's so-called “Federalism Revolution” has received no shortage of scholarly attention. Under the conventional narrative, the Court pushed back against the encroaching tide of federal power in three spheres: it limited the scope of Congress's Commerce Clause authority, struck down laws infringing upon state sovereignty under the Tenth Amendment, and expanded the doctrine of state sovereign immunity to curtail federal power to subject unwilling states to private lawsuits. Yet in late 2010, the Court issued a decision that confirms the muted impact of the Rehnquist Court's rulings in the last of the three spheres. In Sossamon v. Texas, the Court acknowledged that even though state sovereign immunity prevents Congress from unilaterally subjecting states to private suits without their consent, Congress retains substantial power to purchase the states' consent under the Spending Clause. The Court in Sossamon proceeded to disallow a private damages action against Texas on different grounds, however. The Court held that even though the state had consented to be sued as a condition of its acceptance of certain federal funds, such a general waiver of immunity from suit was not enough to allow a damages action to proceed because the state had not expressly consented to be sued for monetary relief. This “double immunity” requirement -- that a sovereign must not only waive its immunity expressly from suit but also from monetary claims -- is of recent and undocumented vintage. Yet already it has had an enormous impact, barring private litigants from obtaining remedies for injuries visited upon them by a sovereign defendant even though the sovereign has already agreed to be sued. The rule's impact is trans-substantive too, insulating sovereign entities from monetary judgments in a wide spectrum of cases involving religious liberties, statutory privacy rights, discrimination on the basis of disability, and government destruction of private property. This article explores the origins and effects of the Court's new double immunity rule, and ultimately proposes a new approach to determining whether a private party may sue a sovereign defendant for monetary relief.
Download or read book Civil Rights Enforcement written by Scott Michelman and published by Aspen Publishing. This book was released on 2023-01-31 with total page 859 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Described as “superb” and “inspiring” in a foreword by Dean Erwin Chemerinsky, Civil Rights Enforcement, Second Edition dives deeply into doctrines concerning the enforcement of civil rights via private civil actions and the aspects of those doctrines of most importance to those litigating in the field. Organized as a litigator might think through a case, the book provides students with rich, detailed hypothetical problems to which they can apply what they are learning. Alongside these practice-focused elements, the book’s notes, questions, and topic transitions push students to grapple with strategic questions about impact litigation and the role of civil rights litigation in constitutional enforcement, as well as with theoretical questions about tradeoffs between the values of federalism and judicial review and the relationship between rights and remedies. ?New to the 2nd Edition: Up-to-date coverage of major developments—including the national reckoning on race and policing after George Floyd’s murder, COVID-19 prison conditions litigation, laws like Texas S.B. 8 designed to evade pre-enforcement challenges, new Bivens decisions, limitations on damages under Titles VI and IX, and the momentous Supreme Court term ending June 2022 Two new chapters on constitutional claims often brought against police or in custodial settings—including under the 4th and 8th Amendments and substantive and procedural due process—to explore how enforcement documents shape constitutional law and vice versa, and to facilitate coverage of topics that often fall through the cracks in constitutional law curricula Expanded coverage of major topics, including: Standing (organizational standing; defining an injury; policing and injunctive relief; pre-enforcement challenges) Qualified immunity (the reform movement; sources of “clearly established law”; the obviousness exception; private-actor applications) Municipal liability (custom; failure to supervise; applications of the “final policymaker” theory; the interaction of qualified immunity and failure to train) Statutory causes of action (42 U.S.C. § 1985; Title VII; ADA; Rehabilitation Act) And more! (COVID-19 conditions; modern school district boundary fights; applications of the Heck bar; expansion of sovereign immunity; the evolution of supervisory liability) New and expanded Applications sections exploring recent trends in appellate courts 10 new hypothetical problems Benefits for instructors and students: Detailed hypothetical problems with multi-layered fact patterns, including hypothetical statutes, precedents, and litigation documents (many based on actual cases) Application notes focusing on how civil rights enforcement doctrines work in practice, what incentives they create, prominent appeals court decisions, and areas of the current controversy Prologue (and follow-up notes throughout) grounding the material in the history of the civil rights movement and the practice of impact litigation Commentary and questions situating the doctrines covered within broader theoretical debates about the role of the federal courts and the gap between rights and remedies Detailed coverage of statutory civil rights enforcement, including comparisons to constitutional enforcement A focus on doctrines most relevant to practice Consideration of the role (or, in many instances, critical absence) of racial justice in the development and implications of civil rights laws and enforcement doctrines Rigorous case editing to highlight key issues and avoid unnecessarily sprawling excerpts Charts and illustrations of the more complex doctrines A consistent focus on doctrines of rights enforcement (as opposed to the content of various rights)—providing the book with a unifying theme and marking out a field of study distinct from Constitutional Law, Criminal Procedure, and Employment Discrimination
Download or read book Beyond Abrogation of Sovereign Immunity written by Christina Bohannan and published by . This book was released on 2009 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few judicial decisions in recent years have captured the attention of lawmakers, practitioners, and academics more than the Supreme Court's decisions dealing with state sovereign immunity. Holding that Congress may not abrogate state sovereign immunity from federal statutory claims when acting pursuant to its Article I regulatory powers, those decisions seriously limit an individual's ability to enforce rights against state defendants, creating a gap between right and remedy that arguably impairs the rule of law. While much of the scholarship in this area continues to dwell on abrogation as the primary means of allowing individuals to vindicate rights against the states, the Court clearly favors an approach in which states waive their immunity from suit. In this Article, Professor Christina Bohannan examines three common situations in which a state might be deemed to waive its immunity from suit: first, by failure to raise the immunity as a defense at trial; second, by private agreement; and third, by accepting federal benefits made conditional on waiver of immunity from federal claims. She determines that because the Court's sovereign immunity and Spending Clause jurisprudence has been concerned with ensuring that a state's waiver is voluntary and unequivocal rather than coerced, this case law precludes holding that a state waives its immunity by merely failing to raise it at trial. She concludes, however, that where a state voluntarily and unequivocally waives its immunity in a private contract or in exchange for benefits available exclusively from the federal government, its waiver should be enforced notwithstanding a subsequent attempt to revoke it at or before trial. Thus, a waiver approach to state sovereign immunity could provide a constitutional way for individuals to vindicate their rights against the states in a number of cases, thereby narrowing the right remedy gap created by the Court's abrogation decisions.
Download or read book Litigation with the Federal Government written by John Montague Steadman and published by . This book was released on 1983 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines statutes governing actions against the federal government, such as the Tucker Act and the Federal Tort Claims Act. The expansion of attorneys' fees recovery against the U.S. made possible by the 1980 Equal Access to Justice Act is treated in detail, as are the changes in contract dispute resolution contained in the Contract Disputes Act of 1978.
Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 3290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
Download or read book State Immunity in International Law written by Xiaodong Yang and published by Cambridge University Press. This book was released on 2012-09-27 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Download or read book Constitutional Torts written by Sheldon H. Nahmod and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Minneci v. Pollard (chapter 1), Lane v. Franks and Plumhoff v. Rickard (chapter 3), Connick v. Thompson (chapter 5), Rehberg v. Paulk (chapter 7), Carroll v. Carman, Reichle v. Howards, Ashcroft v. Al-Kidd, Camreta v. Greene, Tolan v. Cotton, Ortiz v. Johnson and Filarsky v. Delia (chapter 8), Lefemine v. Wideman and Perdue v. Kenny A. (chapter 12). The circuit courts have been active over the past few years. We have extensively revised the notes to take account of the recent developments. This edition also welcomes Fred Smith as a coauthor. Constitutional Torts studies circuit and district court decisions as crucial to understanding the developing law of Section 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems. At the same time, the materials continue to emphasize the "tort" aspects of Section 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. Constitutional Torts provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation. A Teacher's Manual is available to professors. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Download or read book The Debates in the Several State Conventions written by Jonathan Elliot and published by . This book was released on 1941 with total page 1780 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Immunities in the Age of Global Constitutionalism written by Anne Peters and published by Martinus Nijhoff Publishers. This book was released on 2015-01-27 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’. Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.
Download or read book State Sovereign Immunity and Protection of Intellectual Property written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property and published by . This book was released on 2000 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Government Liability in Tort written by Edwin Montefiore Borchard and published by . This book was released on 1924 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Overview of the Privacy Act of 1974 written by United States. Department of Justice. Privacy and Civil Liberties Office and published by . This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Download or read book Philippine Materials in International Law written by Raul C Pangalangan and published by BRILL. This book was released on 2021-11-15 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.
