Rights, Remedies, and the Impact of State Sovereign Immunity

Rights, Remedies, and the Impact of State Sovereign Immunity
Author :
Publisher : State University of New York Press
Total Pages : 230
Release :
ISBN-10 : 9780791478028
ISBN-13 : 0791478025
Rating : 4/5 (025 Downloads)

Book Synopsis Rights, Remedies, and the Impact of State Sovereign Immunity by : Christopher Shortell

Download or read book Rights, Remedies, and the Impact of State Sovereign Immunity written by Christopher Shortell and published by State University of New York Press. This book was released on 2008-06-30 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's recent spate of state sovereign immunity rulings have protected states from lawsuits based on federal legislation as diverse as disabilities law, age discrimination, patent and trademark law, and labor standards. But does the doctrine of state sovereign immunity increase state authority? Does it undermine federal antidiscrimination statutes? Is it an effective means to revive a more robust version of federalism, shifting the balance of power toward states and away from the federal government, and if so, what are the costs and implications of such an approach? This book explores these questions through engaging historical case studies and traces the impact of state sovereign immunity on both plaintiffs and states. Demonstrating that the doctrine's primary effect is felt most keenly by the weakest and most politically unpopular individuals, Christopher Shortell's findings challenge arguments from both proponents and opponents of state sovereign immunity.


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