Statute
Eleventh Amendment
40 published works
On Brief: Iowa's Appellate Blog
With Wagner, the Iowa Supreme Court continues building an “Iowa Courts” jurisprudence
By Matt McGuire
Few law school courses inspire more fear and frustration from students than Federal Courts. A standard elective at most law schools, the course’s prosaic name belies a devilishly complex body…
Minding Your Business
Federal Circuit Issues a Splintered Ruling on the Eleventh Amendment Immunity and Rule 19 Joinder Analysis
By Rina Kim
On July 24, 2020, a panel of the Court of Appeals for the Federal Circuit issued splintered precedential opinions surrounding the interplay of state sovereign immunity under the Eleventh Amendment…
PrawfsBlawg
§ 1983 or the 11th Amendment
Main Thursday, May 14, 2020§ 1983 or the 11th AmendmentOne of my pet peeves is confusion about why states cannot be sued in § 1983 actions: It often is short-handed…
Constitutional Law Prof Blog
Ninth Circuit Says State Waives Immunity from Non-Abrogated Federal Claims When it Removes
Steven D. Schwinn, UIC John Marshall Law SchoolThe Ninth Circuit ruled this week in Walden v. State of Nevada that a state waives its Eleventh Amendment immunity when it removes a…
Constitutional Law Prof Blog
District Court Rules State Transportation Authority Immune from Federal Whistleblower Claim
Steven D. Schwinn, UIC John Marshall Law SchoolJudge Randolph D. Moss (D.D.C.) ruled this week that the Washington Metropolitan Area Transit Authority enjoyed Eleventh Amendment immunity from a former employee's…
PrawfsBlawg
Aaarrrgument preview: Allen v. Cooper
Main Tuesday, October 29, 2019Aaarrrgument preview: Allen v. CooperI have a SCOTUSBlog case preview on next Tuesday's arguments in Allen v. Cooper, considering whether states enjoy 11th Amendment/sovereign immunity from…
Appellate Advocacy Blog
Blackbeard, Allen v. Cooper, and Research via Public Depositories
This term, SCOTUS will hear a sovereign immunity case involving Blackbeard’s sunken pirate ship. In Allen v. Cooper, 18-877, the Court will address whether Congress validly abrogated state sovereign immunity…
Constitutional Law Prof Blog
Ninth Circuit Extends Eleventh Amendment Waiver-by-Removal (again)
Steven D. Schwinn, University of Illinois Chicago John Marshall Law SchoolThe Ninth Circuit ruled today in Walden v. Nevada that a state waives its Eleventh Amendment immunity over any federal…
Washington Energy Report
Third Circuit Rules Natural Gas Companies Cannot Exercise Eminent Domain Power Over State-Owned Property
By Katherine O'Konski, Russell Kooistra
On September 10, 2019, the United States Court of Appeals for the Third Circuit (“Third Circuit”) vacated a federal district court order permitting PennEast Pipeline Company (“PennEast”) to exercise eminent…
Supreme Court Update
Northern Insurance Co. v. Chatham County (04-1618), Day v. McDonough (04-1324), and Salinas v. United States (05-8400)
Greetings, Court fans! The Court hit us with one opinion Monday, two more on Tuesday and another two today, so we'll break up the update this week to spare your…