The irrational application of rational basis: Kimel, Garrett, and congressional power to abrogate state sovereign immunity

Article Abstract:

The rationales behind the US Supreme Court's Kimel v. Florida Board of Regents and University of Alabama v. Garrett decisions, establishing a state's immunity to suits by its citizens for violations of federal law, are examined. Justifications for establishing heightened scrutiny for individual determinations by state officials in age discrimination and disability rights cases are presented.

Federalism, Discrimination against disabled persons, Handicapped discrimination, Age discrimination

---

Constitutional law - state sovereign immunity - Fifth Circuit holds that Eleventh Amendment bars qui tam suits against states when the Department of Justice does not intervene - United States ex rel. Fooulds v. Texas Tech University

Article Abstract:

The author criticizes the policy and reasoning of the U.S. 5th Circuit Court of Appeals when it held, contrary to four other U.S. Courts of Appeals, that no citizen qui tam suits can be brought against states under the 11th Amendment where the U.S. Justice Dept. does not intervene.

United States. Department of Justice, Powers and duties, Popular actions

---

Similar abstracts:

• Abstracts: United States v. Carlton: retroactive application of tax legislation meets the Due Process Clause in the Supreme Court
• Abstracts: The questionable empirical basis of Article 2's incorporation strategy: a preliminary study. Confusion about custom: disentangling informal customs from standard contractual provisions
• Abstracts: Results in search of reasons: state sovereign immunity in the Rehnquist Court. ADEA and the 11th Amendment: implications of Kimel
• Abstracts: Torn by tort reform; coalition of big and small business breaks up over diverging interests. In the beltway; all's fair in law firm wars and when Christian Coalition workers charge racism
• Abstracts: Jurisdiction under federal securities laws to recover ill-gotten gains from third parties. A blue sky state of mind: the meaning of "willfully" in blue sky criminal cases

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.