The Constitutional Sovereign Immunity Warrior
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Sovereign immunity — the doctrine that the king cannot be sued without his consent — has been translated into American constitutional law in ways that make government accountability one of the most doctrinally complex challenges in constitutional practice. The Ex Parte Young fiction provides the essential escape valve that allows prospective injunctive relief while the state treasury remains protected.
The Constitutional Sovereign Immunity Warrior is Volume LII of Wayne Richard Evangelista's Constitutional Law Series.
Wayne Richard Evangelista covers the full sovereign immunity landscape: the Eleventh Amendment — its text, Hans v. Louisiana's extension, and Alden v. Maine's state court extension; the Ex Parte Young fiction — proper suits, ongoing versus retrospective relief, and the Edelman v. Jordan limit on retroactive monetary relief; congressional abrogation — Fitzpatrick v. Bitzer, Seminole Tribe's limitation to Section 5, and the congruence and proportionality test applied to Garrett, Tennessee v. Lane, and Hibbs; voluntary waiver and constructive waiver doctrine; the FTCA — the discretionary function exception, assault-battery exception, and intentional tort exception; Feres v. United States's military immunity; and municipal immunity from punitive damages under Newport v. Fact Concerts.
The Constitutional Sovereign Immunity Warrior
$69.99
Sale price
$69.99
Regular price