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Full-Text Articles in Law
Less Than Meets The Eye: Anti-Discrimination And The Development Of Section 5 Enforcement And Eleventh Amendment Abrogation Law Since City Of Boerne V. Flores, Justin Schwartz
Justin Schwartz
The conventional wisdom is that the Supreme Court's interpretation of the Eleventh Amendment since City of Boerne has raised the bar for Congress to pass anti discrimination legislation and made it far more difficult for plaintiffs to sue the states and state agencies. I show, by close analysis of the Court's case law on state sovereign immunity and Congress' Section 5 power to abrogate that immunity, that this is a misreading.
As the jurisprudence developed from Boerne, Kimel (age discrimination) and Garrett (disability discrimination in employment) to Hibbs (sex discrimination) and Lane (disability discrimination in public accommodations), the Court has …
The Unsettled Nature Of The Union, Carlos Manuel Vázquez
The Unsettled Nature Of The Union, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
This article is a response to Bradford R. Clark, The Eleventh Amendment and the Nature of the Union, 123 Harv. L. Rev. 1817 (2010).
In his article, The Eleventh Amendment and the Nature of the Union, Professor Bradford Clark offeres an explanation for the puzzling text of the Eleventh Amendment, which appears to preclude federal jurisdiction over suits against a state by citizens of other states but not by its own citizens. Professor Clark argues that the Amendment's text made sense to the Founders because they did not envision any suits against the states arising under federal law. …