State Sovereign Immunity - Durchslag, Melvyn

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Résumé :
As part of a new series of Greenwood's comprehensive reference guides to the United States Constitution, Professor Durchslag's edition on the Eleventh Amendment's guarantee of state sovereign immunity is the most thorough and up-to-date treatment of that amendment. The Court's interpretation of the Eleventh Amendment over the past two centuries has been an attempt to balance the sovereign interests of the states against the primacy of federal law, and is currently its primary means of articulating its federalist doctrine. Beginning with an extensive history of the Eleventh Amendment and the ratification debates surrounding it, Durchslag proceeds to a chronological discussion of the development of the first generation of Eleventh Amendment jurisprudence from 1793 - 1890. The book then proceeds topically, tracing the developments of the various doctrinal components of the Amendment, and includes suggestions as to how they may evolve. The work concludes with an erudite bibliographic essay to guide the reader to relevant primary and secondary works, and is fully indexed. For constitutional students, scholars, and legal practitioners, as well as for political scientists and historians studying the constitution or federalism....

Biographie:
Melvyn R. Durchslag...

Sommaire:

Series Foreword
Foreword
Introduction
History
English and American Law Before the Constitutional Convention
Analysis
The Evolution of the Eleventh Amendment from Diversity Jurisdiction to Sovereign Immunity
Ex parte Young: Suing State Officers
The Exceptions for Local Political Subdivisions
Waiver of Eleventh Amendment Sovereign Immunity
Congressional Abrogation of State Sovereign Immunity
A Retrospective and Critique
Bibliographic Essay
Index