[Download] "Ex Parte Young. (Sovereign Immunity)" by Stanford Law School ~ eBook PDF Kindle ePub Free

eBook details

Title: Ex Parte Young. (Sovereign Immunity)
Author : Stanford Law School
Release Date : January 01, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 322 KB

Description

INTRODUCTION Each of us may hope that by our hundredth year much of our youth will have been forgotten. That has happened with Ex parte Young, (2) a central case with respect to sovereign immunity and constitutional remedies. Today the Supreme Court maintains that Young used a legal fiction to create an exception to principles of sovereign immunity. It is also commonly thought that the case recognized a new cause of action founded in the Constitution, and that it entails a paradox because it requires that an officer defendant like Attorney General Young be treated as the State for purposes of liability but not as the State for purposes of sovereign immunity.