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The Waiver Of Immunity In The Equal Access To Justice Act: Clarifying Opaque Language, Arlene S. Ragozin
The Waiver Of Immunity In The Equal Access To Justice Act: Clarifying Opaque Language, Arlene S. Ragozin
Washington Law Review
This Comment first summarizes the relevant statutes and key judicial opinions in the section 2412(b) controversy. It then analyzes the disputed text, the impact of alternative textual interpretations on the EAJA as a whole, congressional intent as revealed by the Act's legislative history, and the potential limitations created by the doctrine of sovereign immunity. This Comment argues that the text of the Act creates a presumption that section 2412(b) imposes liability for attorneys' fees on the United States when the government commits an act which would impose such liability on another party. None of the other factors analyzed rebut the …