Statute
Eleventh Amendment
40 published works
ContractsProf Blog
10th Circuit Rules Settlement Agreement Effects Waiver of State Sovereign Immunity
In Pettigrew v. State of Oklahoma, the Tenth Circuit addressed the issue of whether "a settlement agreement between Thomas Trent Pettigrew (Pettigrew) and the Oklahoma Department of Public Safety (DPS)…
Civil Procedure & Federal Courts Blog
Brown on Serving State Officers Under Rule 4
By Civil Procedure & Federal Courts Blog
Mark Brown (Capital University) has posted Serving State Officers in Official-Capacity Actions: Is Mail an Option? to SSRN.Rule 4 distinguishes service rules for states that are "subject to suit" from…
Constitutional Law Prof Blog
Supreme Court in Coleman: The 11th Amendment Bars Suit Against State for FMLA Violation
By ConLawProf initials at end of post
The Supreme Court's divided opinion in Coleman v. Court of Appeals of Maryland, issued today, resuscitates the convoluted doctrine that resides at the intersection of the Eleventh Amendment and the Fourteenth…
PropertyProf Blog
Patashnik on Bringing a Judicial Takings Claim
By propertyprof
Josh Patashnik (Stanford student) has posted Bringing a Judicial Takings Claim on SSRN. Here's the abstract:In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, the Supreme Court…
Constitutional Law Prof Blog
Ninth Circuit Case on Eleventh Amendment & Section 5 (Fourteenth Amendment)
By ConLawProf initials at end of post
Great discussion over at Workplace Prof Blog here on the Ninth Circuit's en banc opinion Alaska v. EEOC.Perhaps this would set the stage for SCOTUS to clarify Eleventh Amendment doctrine,…
Constitutional Law Prof Blog
Justice Souter’s Legacy and the Eleventh Amendment: Saturday Evening Review
By ConLawProf initials at end of post
Certainly there is - - - and will be - - - much to say about Justice David Souter and his legacy on the United States Supreme Court. [Update: e.g.,…
Reverse & Render
Eleventh Amendment Doesn’t Bar the Government from Suing a State
If the Eleventh Amendment to the U.S. Constitution bars your suit against a State, maybe the U.S. Government can bring the suit for you. That's what happened in EEOC v. Board of Supervisors for the…
Land Use Law Blog
Governor of Montana Successfully Asserts Sovereign Immunity to Takings Claim
By Cori Badgley After losing on its state takings claim in Montana state court, a mining company was then turned away by federal court on constitutional grounds. In federal court,…
Chicago IP Litigation
State Immunity’s Impact on Northern District Patent Suits
There is a debate brewing in the patent litigation community over the correct scope of a state institution's waiver of 11th Amendment immunity when that institution asserts its patents. In…
Blog of Reason
Can the King’s Physician (Also) Do No Wrong?
I. INTRODUCTION II. STATE SOVEREIGN IMMUNITY UNDER THE ELEVENTH AMENDMENT A.Parameters of state sovereign immunity B. Recent Eleventh Amendment developments State courts and state sovereign immunity The scope of congressional…