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Statute

Eleventh Amendment

40 published works

  1. ContractsProf Blog

    10th Circuit Rules Settlement Agreement Effects Waiver of State Sovereign Immunity

    By ContractsProf Blog

    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)…

  2. 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…

  3. 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…

  4. 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…

  5. 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,…

  6. 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.,…

  7. Reverse & Render

    Eleventh Amendment Doesn’t Bar the Government from Suing a State

    By Mike Northrup

    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…

  8. Land Use Law Blog

    Governor of Montana Successfully Asserts Sovereign Immunity to Takings Claim

    By Abbott & Kindermann, Inc.

    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,…

  9. Chicago IP Litigation

    State Immunity’s Impact on Northern District Patent Suits

    By R. David Donoghue

    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…

  10. Blog of Reason

    Can the King’s Physician (Also) Do No Wrong?

    By Robert Langer

    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…