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Full-Text Articles in Law

Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman Jan 2000

Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman

Scholarly Works

No abstract provided.


Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Steven H. Steinglass Jan 2000

Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Steven H. Steinglass

Law Faculty Articles and Essays

I was asked to address briefly the impact of the Supreme Court's recent Eleventh Amendment, federalism, and state sovereign immunity decisions on Section 1983 litigation. These cases are unlikely to have any direct or significant impact on Section 1983 litigation in the state or federal courts. On the other hand, these decisions will likely have a significant impact on non-Section 1983 litigation, including non-Section 1983 civil rights litigation. For example, a few weeks ago the Supreme Court heard an argument in an Age Discrimination and Education Act (hereinafter "ADEA") case involving claims brought directly against the state. The recent Supreme …