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Practical View Of The Eleventh Amendment: Lower Court Interpretations And The Supreme Courts Reaction

Deutsch, Jan
Keywords
eleventh amendment
 due process
 equality
 constitution
 sovereign immunity
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Faculty Scholarship Series
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Practical_View_of_the_Eleventh_Amendment_Lower_Court_Interpretations_and_the_Supreme_Court_s_Reaction_61GeorgetownLawJournal.pdf
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Abstract
The eleventh amendment1 recently has emerged from the obscurity which surrounded its first 170 years of existence. Several aspects of conĀ­ temporary political life have combined to cause heavier reliance on the amendment by state governments.2 The scope of government activity has widened to include areas previously under private control.3 In addition, due process and equal protection concepts have been expanded to include previously unrecognized claims against government defendants.4 Coupled with the broader interpretation of these constitutional protections is the heightened public interest in litigation against governmental organizations, evidenced by the increasing number of pro se cases against state officials or agencies.5
URI
http://hdl.handle.net/20.500.13051/3433