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Author : John H. Alden
Publisher :
ISBN 13 :
Total Pages : 512 pages
Book Rating : 4.3/5 (91 download)
Download or read book Alden V. Maine (1999). written by John H. Alden and published by . This book was released on 2000 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Laura Jordan (Lawyer)
Publisher :
ISBN 13 :
Total Pages : 1 pages
Book Rating : 4.:/5 (16 download)
Download or read book Summary of U.S. Supreme Court Case Concerning State Liability Under the Fair Labor Standards Act (Alden V. Maine) written by Laura Jordan (Lawyer) and published by . This book was released on 1999 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summarizes Alden v. Maine (U.S. Supreme Court, No. 98-436 (1999)), which established that private individuals may not sue a state in state court to enforce the provisions of the federal Fair Labor Standards Act (FLSA) unless the state waives its sovereign immunity.
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (423 download)
Download or read book Alden Et Al. V. Maine written by United States. Supreme Court and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Landmark Publications
Publisher :
ISBN 13 : 9781082412004
Total Pages : 546 pages
Book Rating : 4.4/5 (12 download)
Download or read book Eleventh Amendment Sovereign Immunity written by Landmark Publications and published by . This book was released on 2019-07-27 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply the doctrine of Eleventh Amendment sovereign immunity. * * * The Eleventh Amendment to the United States Constitution provides: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. Const. amend. XI. The Supreme Court in Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890), "extended the Eleventh Amendment's reach to suits by in-state plaintiffs, thereby barring all private suits against non-consenting States in federal court." Lombardo v. Pa., Dep't of Pub. Welfare, 540 F.3d 190, 194 (3d Cir. 2008) (emphasis omitted). Immunity from suit in federal court under the Eleventh Amendment is designed to preserve the delicate and "proper balance between the supremacy of federal law and the separate sovereignty of the States." Alden v. Maine, 527 U.S. 706, 757, 119 S.Ct. 2240, 144 L.Ed.2d 636 (1999). The Eleventh Amendment serves two fundamental imperatives: safeguarding the dignity of the states and ensuring their financial solvency. See Hess v. Port Auth. Trans-Hudson Corp., 513 U.S. 30, 52, 115 S.Ct. 394, 130 L.Ed.2d 245 (1994) (identifying "States' solvency and dignity" as the concerns underpinning the Eleventh Amendment). Karns v. Shanahan, 879 F. 3d 504 (3rd Cir. 2018)
Author : Gerald Gunther
Publisher :
ISBN 13 : 9781556558276
Total Pages : 496 pages
Book Rating : 4.5/5 (582 download)
Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by Gerald Gunther and published by . This book was released on 2000 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christopher Brooks
Publisher :
ISBN 13 : 9783832513429
Total Pages : 0 pages
Book Rating : 4.5/5 (134 download)
Download or read book Chisholm to Alden written by Christopher Brooks and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most simply said, this dissertation is about whether the citizen of one state of the United States may sue another state of the United States despite the Eleventh Amendment to the United States Constitution, which reads: The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Though this provision addresses the broader issue of states' sovereignty, the principle objective of this work, Chisholm to Alden: James Wilson's "Artificial Person" in American Constitutional History, 1793-1999, is on the suability of the states. To appropriately appraise this subject, I investigate what the original intent of those who wrote the Constitution was and what various Courts in the history of US jurisprudence consider that intent or meaning to have been, ending with the textualist-originalist Justices of the 1990s, many or whom remain on the bench today. This is a discombobulating task, for there were so many differing opinions at the Federal Convention as to what the text meant, that there cannot be just one. Therefore, taking a look at some of the major cases that address states' suability in US Supreme Court history, I focus on the more specific question of what could have reasonably been meant by the Founders on states' suability. The point of departure for this venture is Chisholm v. Georgia (1793), since it was the impetus for the Eleventh Amendment, with aspecial focus on James Wilson's opinion in the case. From there, selected cases from theMarshall Court through to the 1999 case of Alden v. Maine are carefully discussed as a meansof discovering whether or not the states were ever actually suable and which cases may haveled more modern Courts astray.
Author : James T. O'Reilly
Publisher : American Bar Association
ISBN 13 : 9781590317440
Total Pages : 252 pages
Book Rating : 4.3/5 (174 download)
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author : David P. Currie
Publisher : University of Chicago Press
ISBN 13 : 9780226131146
Total Pages : 356 pages
Book Rating : 4.1/5 (311 download)
Download or read book The Constitution in Congress written by David P. Currie and published by University of Chicago Press. This book was released on 1997-05-15 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thus the First Congress left us a rich legacy of arguments over the meaning of a variety of constitutional provisions, and the quality of those arguments was impressively high.
Author : Colton C. Campbell
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 0585389020
Total Pages : 164 pages
Book Rating : 4.5/5 (853 download)
Download or read book Congress Confronts the Court written by Colton C. Campbell and published by Rowman & Littlefield Publishers. This book was released on 2002-05-09 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is frequently portrayed as an isolated entity void of politics that reaches judgments by some unseen and unknowable logic. At the same time, Congress is cast as a singularly political enterprise with little regard for nuanced lawmaking. This volume of original essays by leading scholars shows both branches in a new light. It explores the impact of sustained partisan politics, the recent reassertion of legislative power at the expense of judicial review, and the sometimes stormy relationship between Congress and the Court.
Author : Edwin Montefiore Borchard
Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.A/5 ( download)
Download or read book Government Liability in Tort written by Edwin Montefiore Borchard and published by . This book was released on 1924 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author : Sir Edward Coke
Publisher : William s Hein & Company
ISBN 13 : 9780899415208
Total Pages : 364 pages
Book Rating : 4.4/5 (152 download)
Download or read book The Fourth Part of the Institutes of the Laws of England written by Sir Edward Coke and published by William s Hein & Company. This book was released on 1986 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Second Part: Containing the exposition of many ancient & other statutes. Third Part: Concerning high treason & other pleas of the crown & criminal causes. Fourth Part: Concerning the jurisdiction of courts. Fourth Part: AALS "B" RATING LIST #9 PAGE 8 Second printing, 1992 See also #304550 "Systematic Arrangement"...First Institute
Author :
Publisher :
ISBN 13 :
Total Pages : 332 pages
Book Rating : 4.3/5 (243 download)
Download or read book FBI Law Enforcement Bulletin written by and published by . This book was released on 2000 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christopher A. Anzalone
Publisher : M.E. Sharpe
ISBN 13 : 9780765618252
Total Pages : 422 pages
Book Rating : 4.6/5 (182 download)
Download or read book Encyclopedia of Supreme Court Quotations written by Christopher A. Anzalone and published by M.E. Sharpe. This book was released on 2000 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of 1500 quotes from more than 1000 Supreme Court decisions. These excerpts, dating from the beginning of the Republic, are arranged to include the legislative, judicial, and executive branches; states' rights; due process; free speech; equal rights; and freedom of religion.
Author : Michael Finch
Publisher : Aspen Publishing
ISBN 13 : 1543809030
Total Pages : 1116 pages
Book Rating : 4.5/5 (438 download)
Download or read book Federal Courts written by Michael Finch and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal Courts: Context, Cases, and Problems, Third Edition by Michael Finch, Caprice L. Roberts and Michael P. Allen is an innovative, highly accessible casebook that features problems, cases connected by narrative text, charts, and graphs, all presented in a manner suited to multiple teaching approaches. New to the Third Edition: Updates to each chapter with key cases, text additions, and doctrinal developments, e.g. Markazi, Patchak, diversity jurisdiction via removal, and Ziglar v. Abbasi. New incorporation of thoughtful revisions to streamline comprehension and eliminates unnecessary explorations based on adopter feedback while maintaining all seminal cases. Updated charts, graphs, and problems based on new data, statistics, and cases such as Facebook, Spokeo, Sprint v. Jacobs, and McDonough v. Smith. Sharpened case excerpts to enhance reading assignments and deepen discussions. Professors and students will benefit from: Application opportunities with the included Reference Problems, questions, and additional problems. Clarity of textual material that includes doctrinal highlights, decision trees, diagrams, charts, and other dynamic visual aids. Crisp, insightful case excerpts with helpful connecting explanatory text. Teaching materials include: Teacher’s Manual Sample syllabi
Author : Nicholas Henry
Publisher : Routledge
ISBN 13 : 1317344995
Total Pages : 497 pages
Book Rating : 4.3/5 (173 download)
Download or read book Public Administration and Public Affairs written by Nicholas Henry and published by Routledge. This book was released on 2015-07-14 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updated in its 12th edition, Public Administration and Public Affairs shows readers how to govern efficiently, effectively, and responsibly in an age of political corruption and crises in public finance. With a continuing and corroding crisis occurring, as well as greater governance by nonprofit organizations and private contractors, it is vital that readers are given the skills and tools to lead in such an environment. Using easy-to-understand metaphors and an accessible writing style, Public Administration and Public Affairs shows its readers how to govern better, preparing them for a career in public administration.
Author : David Andrew Schultz
Publisher : Infobase Publishing
ISBN 13 : 1438126778
Total Pages : 923 pages
Book Rating : 4.4/5 (381 download)
Download or read book Encyclopedia of the United States Constitution written by David Andrew Schultz and published by Infobase Publishing. This book was released on 2010-05-18 with total page 923 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers the people, court cases, historical events, and terms relating to one of the most studied political documents in schools across the country, the United States Constitution.
