Nonmutual issue preclusion against states

Article Abstract:

State and US circuit courts have properly questioned the categorical rule regarding nonmutual issue preclusion against sovereignties, including states, that the US Supreme Court established in 1984 in United States v. Mendoza. Generally, state governments should be immune from this type of issue preclusion. The law of nonmutual issue preclusion should allow courts to decide cases based on specific facts that may justify overriding the presumption. Courts departing from Mendoza have considered judicial economy, development of law, federalism and other factors.

Case Note, State government, Res judicata, states

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The sovereign immunity "exception." (The Supreme Court, 1995 Term)

Article Abstract:

The US Supreme Court's ruling in Seminole Tribe v. Florida is unlikely to strengthen the doctrine of state sovereignty, despite the majority's apparent attempt to do so. The Court upheld dismissal of a private suit against a state in federal court under federal Indian gaming law based on antiquated precedent that characterizes such suits as violations of state sovereignty. While some symbolic value may attach to the Court's decision, state officers are generally subject to the jurisdiction of federal courts.

Sovereignty, Federal-state controversies

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Section 5 and the protection of nonsuspect classes after City of Boerne v. Flores

Article Abstract:

The US Supreme Court in City of Boerne v, Flores did not noticeably limit Congress' ability to abrogate state sovereign immunity regarding legislation which safeguards nonsuspect classes. Lower court decisions in American with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA) cases continued after Boerne to give deference to Congress' interpretation of the 14th Amendment's section 5. Boerne does not specifically address ADA or ADEA.

Equality before the law, Equal protection, Legislative power

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