Title

Practical View Of The Eleventh Amendment: Lower Court Interpretations And The Supreme Courts Reaction

Authors

Jan Ginter Deutsch, Yale Law School

Document Type

Article

Comments

Practical View Of The Eleventh Amendment: Lower Court Interpretations And The Supreme Courts Reaction. 61 Geo.L.J. 1473-1499 (1973)

Abstract

The eleventh amendment¹ recently has emerged from the obscurity which surrounded its first 170 years of existence. Several aspects of con­ temporary political life have combined to cause heavier reliance on the amendment by state governments.² The scope of government activity has widened to include areas previously under private control.³ In addition, due process and equal protection concepts have been expanded to include previously unrecognized claims against government defendants.⁴

Coupled with the broader interpretation of these constitutional protections is the heightened public interest in litigation against governmental organizations, evidenced by the increasing number of pro se cases against state officials or agencies.⁵

Date of Authorship for this Version

1973

Keywords

eleventh amendment, due process, equality, constitution, sovereign immunity

Recommended Citation

Deutsch, Jan Ginter, "Practical View Of The Eleventh Amendment: Lower Court Interpretations And The Supreme Courts Reaction" (1973). Faculty Scholarship Series. 3989.
https://digitalcommons.law.yale.edu/fss_papers/3989