Waiving states' sovereign immunity from suit in their own courts: Purchased waiver and the clear statement rule

Columbia Law Review

Volumn 99, Issue 6, 1999, Pages 1584-

  Ouziel, Lauren ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0042636816     PISSN: 00101958     EISSN: None     Source Type: Journal    
DOI: 10.2307/1123549     Document Type: Article

References (4)

1. See Marbury v. Madison, 5 U.S. (1 Cranch) 137, 163 (1803) (" The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. One of the first duties of government is to afford that protection.").
2. Federal regulatory laws consist of legislation passed pursuant to Congress's Article I, Section 8 powers, such as the commerce power, the taxing power, and the treaty power. An example of a federal regulatory law is the Fair Labor Standards Act (FLSA) of 1938, 29 U.S.C. §§ 201-219 (1994), which mandates specific duties for employers regarding wages and hours of work for employees, and which was legislated pursuant to Congress's commerce clause power.
3. The Eleventh Amendment of the United States Constitution makes states immune from suits "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. In Hans v. Louisiana, 134 U.S. 1, 14-15 (1890), the Court held that the Eleventh Amendment applied equally to suits by a citizen against his own state. In Seminole Tribe v. Florida, 517 U.S. 44, 72-73 (1996), the Supreme Court held that Congress may not abrogate states' Eleventh Amendment immunity from suit in federal court pursuant to its Article I, Section 8 regulatory powers.
4. The Eleventh Amendment of the United States Constitution makes states immune from suits "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. In Hans v. Louisiana, 134 U.S. 1, 14-15 (1890), the Court held that the Eleventh Amendment applied equally to suits by a citizen against his own state. In Seminole Tribe v. Florida, 517 U.S. 44, 72-73 (1996), the Supreme Court held that Congress may not abrogate states' Eleventh Amendment immunity from suit in federal court pursuant to its Article I, Section 8 regulatory powers.