Sovereign Immunity
Water, Water Everywhere, and Not a Bite to Eat: Sovereign Immunity, Federal Disaster Relief, and Hurricane Katrina
... abolish sovereign immunity), with Randall, supra note 34, at 104 (suggesting prudential doctrines such as political question, common law duty, and discretionary function exceptions can sufficiently ensure ...
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Iowa Tribe of Kansas and Nebraska v. Salazar: Sovereign Immunity as an Ongoing Inquiry
... the sovereign immunity question need not be addressed because this was an officer suit against the Secretary of the Interior rather than the United States itself, the court held that to accept such argument ...
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Chisholm, The Eleventh Amendment, and Sovereign Immunity: On Alden's Return to Confederation Principles
... 85. See John J. Gibbons, The Eleventh Amendment and State Sovereign Immunity: A Reinterpretation, 83 C OLUM . L. R EV . 1889, 1894 (1983) (“The amendment did nothing more than amend article III, section 2 ...
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Foreign Sovereign Immunity Fourth Circuit Disregards Congressional Intent by Holding That the Foreign Sovereign Immunities Act Does Not Apply to Individuals Acting within the Scope of Their Official Duties
... Foreign Sovereign Immunity Fourth Circuit Disregards Congressional Intent by Holding That the Foreign Sovereign Immunities Act Does Not Apply to Individuals Acting within the Scope of Their Official D[.] ...
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EAR vs. DBSI: A Battle Royale Over Sovereign Immunity and 11 U.S.C. § 544(B)(1)
... Finally, the Seventh Circuit misapplied the governmental presumption regarding waivers of sovereign immunity. As the Seventh Circuit stated, the Supreme Court has instructed against expanding the scope of ...
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Kimel and Beyond: Fifth Circuit Tackles Sovereign Immunity and the Family and Medical Leave Act in Kazimer v Widmann
... Kimel and Beyond Fifth Circuit Tackles Sovereign Immunity and the Family and Medical Leave Act in Kazimer v Widmann SMU Law Review Volume 54 | Issue 1 Article 22 2001 Kimel and Beyond Fifth Circuit Ta[.] ...
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Sovereign Immunity for Nuisance and Takings Claims in Texas after City of Dallas v Jennings
... Sovereign Immunity for Nuisance and Takings Claims in Texas after City of Dallas v Jennings SMU Law Review Volume 58 | Issue 1 Article 7 2005 Sovereign Immunity for Nuisance and Takings Claims in Texa[.] ...
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To Enforce a Privacy Right: The Sovereign Immunity Canon and the Privacy Act’s Civil Remedies Provision After Cooper
... of sovereign immunity, both McMahon and Irwin merely tilted the limitations periods of two statutes in a more pro-immunity ...government’s immunity in that it eliminated the remedy of monetary ...
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Tribal Lending Under CFPB Enforcement: Tribal Sovereign Immunity and the “True Lender” Distinction
... distinction between a true “tribal lender” and a payday lender with tenu- ous links to a tribe, predatory payday lending will continue to flourish. The CFPB would do well to adopt an approach slightly different from that ...
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Restrictive Foreign Sovereign Immunity in the United Kingdom (UK): A Welcome Development in International Commercial Transactions
... A State should be held to account for its actions when it enters into any form of commercial transaction with private individuals or companies. This will set the stage for States entering into commercial transactions not ...
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Tribal Sovereign Immunity and the Need for Congressional Action
... tribal sovereign immunity was properly asserted by the Miccosukee Tribe because there was no waiver or abrogation of tribal immunity, yet stating the facts of the case weighed heavily against the ...
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3 Specific Statutory Waivers Of Sovereign Immunity
... ereign immunity into two broad collections: specific waivers (Chapter 3) and general waivers (Chapter ...of Sovereign Immunity,” your author means those statutes that waive the government’s ...
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License to Discriminate: The Application of Sovereign Immunity to Employment Discrimination Claims Brought by Non-Native American Employees of Tribally Owned Businesses
... 35. See generally G. William Rice, Employment in Indian Country: Considerations Respecting Tribal Regulation of the Employer-Employee Relationship, 72 N.D. L. R EV . 267, 275-77 (1996); Steve E. Dietrich, Tribal ...
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Differing Perceptions? Market Practice and the Evolution of Foreign Sovereign Immunity
... that sovereign immunity was a default rule until the latter part of the twentieth ...that sovereign immunity could be ...of immunity despite the ostensibly clear rule giving effect to ...
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Limitations on Legislative Immunity: A New Era for Montana's Sovereign Immunity Doctrine
... This Court, having in a line of cases needlessly and illogically enlarged governmental immunity for negligence, now marches overzealously to the ultimate nonsense: a [r] ...
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RECENT DEVELOPMENTS IN FOREIGN SOVEREIGN IMMUNITY AND TEXAS GARNISHMENT LAW: A NEW THREAT FACING U.S. OIL AND GAS COMPANIES
... 32. Id. The Fifth Circuit made two other findings regarding the F.S.I.A. Id. at 429– 30. First, the court addressed a turnover order the district court entered against the Congo. Id. In Texas, a court can order a ...
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Foreign Sovereign Immunity- Communist and Socialist Organizations- Effect of State's system of property ownership on determination of Agency or Instrumentality Status under the Foreign Sovereign Immunities Act of 1976
... which states that Britain accepts the restrictive theory in in rem proceedings.. It was labeled the restrictive theory because it granted immunity to foreign sovereigns w[r] ...
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Sovereign Immunity -- Revisited but Still Not Refined
... of "basic governmental policy" which, if judicially reviewed, would result in second-guessing those decisions for which the government must exercise discretion i[r] ...
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Is the Current Disposition of the Doctrine of Sovereign Immunity in the United States Appropriate in Light of Prevailing Governmental Policy?
... Moreover, when a judicial proceeding has an effect upon relations with the foreign sovereign, it was deemed a "guiding principle" in considering whether immu[r] ...
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The King's Resurrection: Sovereign Immunity Returns to Montana
... John A. 2 Notwithstanding Montana's constitution- ally guaranteed democratic form of government, the state has be- come the king, the local governments have become fe[r] ...
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