Sovereign immunity, due process, and the Alden trilogy.

From: The Yale Law Journal | Date: June 1, 2000| Author: | Copyright information

On the last day of the Supreme Court's 1998 Term, the Justices delivered their opinions in Alden v. Maine(1) from the bench with great drama, reportedly holding spectators spellbound for close to an hour.(2) The Court's holding in that case that the doctrine of sovereign immunity protects states from being sued in their own courts without their consent even on federal claims has been the subject of much commentary, most of it unfavorable.(3) What has received less attention is that, in another decision handed down the same day, Florida Prepaid Postsecondary Education Expense Board ...

Related newspaper, magazine, and trade journal articles from HighBeam Research

(Including press releases, facts, information, and biographies)

If the non-person King gets no due process, will International Shoe get the boot?
; ...entitled to due process pursuant to...the concept of sovereign immunity and second, on the due process entitlement...BRIEF HISTORY OF SOVEREIGN IMMUNITY The concept...minimum contacts-due process issue from consideration...the foreign sovereign's ...
Against sovereign immunity.
; ...COURSE, THE GOVERNMENT CAN DO WRONG Sovereign immunity is an anachronistic relic and the...from American law. The principle of sovereign immunity is derived from English law, which...wrong and must be held accountable. Sovereign immunity undermines that basic notion. The...
SOVEREIGN IMMUNITY - FIELD HEARING SEATTLE, WASHINGTON:CALEB H. JOHNSON
; ...CONCERNING TRIBAL SOVEREIGN IMMUNITY PRESENTED ON APRIL...States whose rights of due process have been violated...likely be dismissed due to the doctrine of sovereign immunity claimed by the Hopi...or property without due process of law. When I was...of the ...
DECISIONS OF THE SUPREME COURT'S 2003 TERM: STATE SOVEREIGN IMMUNITY, DISPARATE IMPACT AND REVERSE AGE DISCRIMINATION
; ...considered the Eleventh Amendment sovereign immunity argument in the context of...abrogations of the states' sovereign immunity from suits by private individuals...are talking about in these sovereign immunity eases is the states' immunity...has upheld state claims of ...
PUBLIC SERVICE, PRIVATE ENTITY: SHOULD THE NATURE OF THE SERVICE OR ENTITY BE CONTROLLING ON ISSUES OF SOVEREIGN IMMUNITY?
; INTRODUCTION Sovereign immunity is one of the basic tenets...services is placed in jeopardy. Sovereign immunity serves to protect the public...be encouraged by extending sovereign immunity to private entities providing...
STATE ENTERPRISE ARBITRATION AND SOVEREIGN IMMUNITY ISSUES: A Look at Recent Trends
; ...enterprises. National practices regarding sovereign immunity are so diverse that formulating rules...trends and issues in the area of sovereign immunity that are frequently encountered in...does not dispose of the issue of sovereign immunity when a State enterprise is a party...
Businesses also affected by sovereign immunity ruling; court decision throws issue to State Legislature. (part 1)(Mississippi Supreme Court)
; ...its recent decision abolishing the sovereign immunity law which had protected the State...protection through legislative enactment. Sovereign immunity had its origins in medieval England...controlled by the king, the doctrine of sovereign immunity provided that the king could not...
Dissension among the ranks--the courts are at odds over 11 U.S.C. (Section) 106 and its purported abrogation of sovereign immunity in the bankruptcy code
; ...state agency asserts that it has sovereign immunity under the Eleventh Amendment to the...provide states and state entities with sovereign immunity.4 On the other hand, the federal...addresses the issue by abrogating states' sovereign immunity as to certain types of bankruptcy...
Sovereign immunity and informant defectors: the United States' refusal to protect its protectors.
; ...HERO, TO VICTIM II. THE ARGUMENTS FOR AND AGAINST SOVEREIGN IMMUNITY A. Justifications for Sovereign Immunity' s Continuing Role in American Law B. Arguments Against Sovereign Immunity's Continuing Role in American Law III. CONGRESSIONAL...
Federal sovereign immunity and compensatory contempt
; Notes Federal Sovereign Immunity and Compensatory Contempt...But the broader reason [for sovereign immunity] is, that it would be inconsistent...award on the ground of federal sovereign immunity, the doctrine that prevents...