(DOWNLOAD) "Ex Parte Young. (Sovereign Immunity)" by Stanford Law School ~ Book PDF Kindle ePub Free
eBook details
- Title: Ex Parte Young. (Sovereign Immunity)
- Author : Stanford Law School
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 322 KB
Description
INTRODUCTION Each of us may hope that by our hundredth year much of our youth will have been forgotten. That has happened with Ex parte Young, (2) a central case with respect to sovereign immunity and constitutional remedies. Today the Supreme Court maintains that Young used a legal fiction to create an exception to principles of sovereign immunity. It is also commonly thought that the case recognized a new cause of action founded in the Constitution, and that it entails a paradox because it requires that an officer defendant like Attorney General Young be treated as the State for purposes of liability but not as the State for purposes of sovereign immunity.
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