Reconceptualizing the role of constructive waiver after Seminole
Article Abstract:
The Supreme Court, in Seminole Tribe v. Florida, ruled that Congress may not enforce Article 1 legislation by abrogating states' 11th Amendment immunity to suits in federal court. The Court thus continued the trend toward restricting state waiver of 11th Amendment immunity. This trend may undermine the ability of Congress to hold states accountable for violating federal law. A doctrine of constructive waiver of state sovereign immunity may help correct this trend.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
42 U.S.C. s. 1983 - absolute immunity - Sixth Circuit holds that social worker is not absolutely immune from s. 1983 suit
Article Abstract:
The author analyzes a 2000 case in which the US Sixth Circuit Court of Appeals rejected a district court ruling that a social worker was absolutely immune from s. 1983 claims for damages. The court's analysis of the relationship between prosecutorial immunity and the immunity of social workers is discussed.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
Constitutional law - state sovereign immunity - Seventh Circuit holds that states waive sovereign immunity by arbitrating interconnection agreements under the Telecommunications Act of 1996
Article Abstract:
The author discusses a ruling in which the 7th Circuit held that the states waive their sovereign immunity arbitrating interconnection agreements under the Telecommunications Act.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Conceptualizing legaly relevant factors under guidelines: a reply to Ulmer
- Abstracts: Current issues involving the defense of congressional and administrative agency programs. The government's litigator: taking clients seriously
- Abstracts: Shareholders v. stakeholders: evaluating corporate constituency statutes under the takings clause. Corporate governance, Conrail, and the market: getting on the right track
- Abstracts: Blocking Beck: union dues and politics ten years after the decision. Graduate students unite?
- Abstracts: FDA's taxing authority extended to year 2003. The problems of price controls. Seeing through the snow