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Yakima Herald-Republic articles from May 2001
Daily newspaper covering local interest topics for Yakima, WA.
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Yakima Herald-Republic archives from May 2001
Foreword: does the Solicitor General matter?
May 1, 2001... We've gathered at the outset of the new year to puzzle about federalism--what is it, where did it come from, and where is it going? So it seems appropriate to commence this symposium by invoking the opening scene in Stanley Kubrick's film,...
"Appropriate" means-ends constraints on Section 5 powers.
May 1, 2001... Over the past decade, Congress' Section 5 power to enforce the provisions of the Fourteenth Amendment has taken center stage in the unfolding drama of Our (New) Federalism.(1) For the first time in seven decades, the Supreme Court has begun to...
Against sovereign immunity.
May 1, 2001... I. INTRODUCTION: OF COURSE, THE GOVERNMENT CAN DO WRONG
Sovereign immunity is an anachronistic relic and the entire doctrine should be eliminated from American law. The principle of sovereign immunity is derived from English law, which...
The Eleventh Amendment as curb on bureaucratic power.
May 1, 2001... INTRODUCTION
Almost no one has any kind words for the Eleventh Amendment(1) jurisprudence of the Rehnquist Court. In particular, most scholars maintain that the Court's Eleventh Amendment decisions serve no useful function. Whatever its...
Holistic interpretation: Fitzpatrick v. Bitzer and our bifurcated Constitution.
May 1, 2001... INTRODUCTION
Within days of the Symposium for which this essay was originally written, the Supreme Court found that yet another federal statute--this time, the Americans with Disabilities Act (ADA)--unconstitutionally abrogated states'...
The irony of immunity: the Eleventh Amendment, irreparable injury, and Section 1983.
May 1, 2001... INTRODUCTION
There's a famous story about a sign outside a fishmonger's shop saying "Fresh Fish Sold Here." A grammarian persuades the owner to erase each of the words: "Here" is unnecessary, because it's obvious where the shop is; if the...
Overcoming immunity: the case of federal regulation of intellectual property.
May 1, 2001... The Supreme Court's decisions in Seminole Tribe v. Florida and Alden v. Maine have recognized a broad state sovereign immunity that Congress lacks power simply to override. In practice, the principal result of these decisions is to disempower...