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.

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 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 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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)

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 The State Immunity Controversy in International Law written by Ernest K. Bankas and published by Springer Science & Business Media. This book was released on 2005-12-05 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.

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 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Crs Report for Congress written by Congressional Research Service: The Libr and published by BiblioGov. This book was released on 2013-10 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Eleventh Amendment to the U.S. Constitution provides that "[t]he 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." Although the amendment appears to be focused on preventing suits against a state by non-residents in federal courts, the U.S. Supreme Court has expanded the concept of state sovereign immunity to reach much further than the literal text of the amendment, to include immunity from suits by the states' own citizens and immunity from suits under federal law within a state's own court system. As a result of two landmark Supreme Court decisions in 1999, Florida Prepaid and College Savings Bank, the Eleventh Amendment currently bars an individual from successfully seeking damages from a state for violations of federal intellectual property laws unless the state clearly consents to being sued through waiver, or Congress legitimately abrogates state sovereign immunity. Valid waiver exists only where a state has clearly submitted itself to federal jurisdiction. Courts have interpreted this rule to validate waiver in several scenarios: where a state voluntarily ...

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.

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 Sovereign Immunity in the United States written by Source Wikipedia and published by University-Press.org. This book was released on 2013-09 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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...

Download or read book Sovereign Immunity written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure and published by . This book was released on 1970 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Federalism State Sovereignty and the Constitution written by Kenneth R. Thomas and published by DIANE Publishing. This book was released on 2011 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. The lines of authority between states and the federal gov¿t. are, to a significant extent, defined by the U.S. Constitution and relevant case law. In recent years, however, the Supreme Court has decided a number of cases that would seem to re-evaluate this historical relationship. This report discusses state and federal legislative power, focusing on a number of these ¿federalism¿ cases. The report does not, however, address the larger policy issue of when it is appropriate ¿ as opposed to constitutionally permissible ¿ to exercise federal powers. Contents: Powers of the States; Powers of the Federal Gov¿t.; The Commerce Clause; The 14th Amendment; The 10th Amendment; 11th Amend. and State Sovereign Immunity; The Spending Clause; Conclusion.

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 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.

Download or read book Sovereign Immunity Under Pressure written by Régis Bismuth and published by Springer Nature. This book was released on 2022-01-19 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States. Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity. Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation. Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States’ financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.

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: