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- Title
How to Assert State Sovereign Immunity Under the Federal Rules of Civil Procedure.
- Authors
Cohen, Calvin
- Abstract
The article presents the author's views about how to properly utilize America's state sovereign immunity (SSI) doctrine in conjunction with the U.S. Federal Rules of Civil Procedure, and it mentions the history of SSI in America, as well as various judicial interpretations of the Eleventh Amendment to the U.S. Constitution. Jurisdictional and quasi-jurisdictional approaches to the U.S. Constitution's Eleventh Amendment are examined, along with waiver, consent, and sua sponte actions.
- Subjects
UNITED States; GOVERNMENT liability; CIVIL procedure; UNITED States. Constitution. 11th Amendment; JURISDICTION; CONSENT (Law); SUA sponte actions; WAIVER laws; CONSTITUTIONAL law; HISTORY; ACTIONS &; defenses (Law); U.S. states
- Publication
Vanderbilt Law Review, 2016, Vol 69, Issue 3, p761
- ISSN
0042-2533
- Publication type
Article