Qualified immunity as a defense to Federal Wiretap Act claims

Article Abstract:

The federal wiretapping statute provided for a good faith defense in civil proceedings against government officers who violated the law. Subsequent court decisions have separated this defense from a qualified immunity defense. The author concludes that, because the statute contains its own defense, qualified immunity should not be available as a defense in federal wiretapping statute civil cases.

Wiretapping, Good faith (Law), Defense (Civil procedure)

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Why federal courts should be required to consider state sovereign immunity sua sponte

Article Abstract:

States are protected from being sued in federal courts by the 11th Amendment, but when a state loses a case in federal court after requesting the case be heard there, the state should be required to waive its 11th Amendment immunity. The requiring of this waiver to balance state immunity and responsibility is examined.

Federal jurisdiction, Waiver

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The justiciability of municipal preemption challenges to state law

Article Abstract:

The author discusses the issue of municipal governments' standing to sue their state governments in federal courts with federal law claims which they argue preempt state law. Legal, political, and practical factors are analyzed.

Local, Analysis, Cases, Federalism, Standing (Law), Exclusive and concurrent legislative powers, Municipal government, Preemption (Legislative power)

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