| Description |
1 online resource (ix, 203 pages) |
| Contents |
Prologue: A recurrent struggle is resumed -- The Battle of Boerne -- Superior beings -- Votaries -- The sovereign publisher and the last of the menu girls -- Perhaps inconsequential problems -- Gang rape at State U. -- Sovereign remedy |
| Summary |
Narrowing the nation's power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission--has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons |
| Notes |
LC copy 3 signed by author. DLC |
| Bibliography |
Includes bibliographical references (pages 157-193) and index |
| Notes |
Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002. http://purl.oclc.org/DLF/benchrepro0212 MiAaHDL |
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In English |
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Description based on print version record and CIP data provided by publisher; resource not viewed |
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digitized 2010 HathiTrust Digital Library committed to preserve pda MiAaHDL |
| Subject |
United States. Supreme Court.
|
| SUBJECT |
United States. Supreme Court fast |
| Subject |
Government liability -- United States -- States
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State governments -- United States -- Privileges and immunities
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LAW -- Constitutional.
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LAW -- Public.
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HISTORY -- United States -- General.
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Government liability -- U.S. states
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State governments
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United States
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| Genre/Form |
Privileges and immunities
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| Form |
Electronic book
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| LC no. |
2021697107 |
| ISBN |
9780520937666 |
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052093766X |
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1417508388 |
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9781417508389 |
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9780520240681 |
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0520240685 |
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9780520235748 |
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1597347698 |
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9781597347693 |
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0520235746 |
|
