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Has The Supreme Court Confessed Error On The Eleventh Amendment? Revisionist Scholarship And State Immunity, George D. Brown
Has The Supreme Court Confessed Error On The Eleventh Amendment? Revisionist Scholarship And State Immunity, George D. Brown
George D. Brown
The simple text of the eleventh amendment belies the complexity of the jurisprudence surrounding it. Professor George D. Brown uses the United States Supreme Court's recent decision in Pennsylvania v. Union Gas Co. as a jumping-off point to determine where the Court stands today on the delicate balance between national supremacy and state sovereignty. In the divided Court's endorsement of congressional power to abrogate the states' immunity he detects a shift toward national supremacy. Professor Brown finds abrogation theory to be as problematic as what came before it. Nevertheless, he accepts the current framework as a compromise that protects state …
The Textualist (Reviewing George Anastaplo, The Constitution Of 1787: A Commentary (1989)), Robert C. Power
The Textualist (Reviewing George Anastaplo, The Constitution Of 1787: A Commentary (1989)), Robert C. Power
Robert C Power
No abstract provided.
The Birth And Development Of Abstract Review: Constitutional Courts And Policy-Making In Western Europe, Alec Stone Sweet
The Birth And Development Of Abstract Review: Constitutional Courts And Policy-Making In Western Europe, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.