The Case Against Sovereign Immunity (governmental Immunity)
Author | : C.A. Waldron |
Publisher | : |
Total Pages | : 42 |
Release | : 1965 |
Genre | : Government liability |
ISBN | : |
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Author | : C.A. Waldron |
Publisher | : |
Total Pages | : 42 |
Release | : 1965 |
Genre | : Government liability |
ISBN | : |
Author | : John Montague Steadman |
Publisher | : |
Total Pages | : 524 |
Release | : 1983 |
Genre | : Law |
ISBN | : |
This book examines statutes governing actions against the federal government, such as the Tucker Act and the Federal Tort Claims Act. The expansion of attorneys' fees recovery against the U.S. made possible by the 1980 Equal Access to Justice Act is treated in detail, as are the changes in contract dispute resolution contained in the Contract Disputes Act of 1978.
Author | : National Association of Attorneys General. Committee on the Office of Attorney General |
Publisher | : |
Total Pages | : 118 |
Release | : 1976 |
Genre | : Government liability |
ISBN | : |
Author | : Xiaodong Yang |
Publisher | : Cambridge University Press |
Total Pages | : 941 |
Release | : 2012-09-27 |
Genre | : Law |
ISBN | : 0521844010 |
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure |
Publisher | : |
Total Pages | : 270 |
Release | : 1970 |
Genre | : Government publications |
ISBN | : |
Author | : Jonathan Elliot |
Publisher | : |
Total Pages | : 1780 |
Release | : 1941 |
Genre | : United States |
ISBN | : |
Author | : Christopher Shortell |
Publisher | : State University of New York Press |
Total Pages | : 230 |
Release | : 2008-06-30 |
Genre | : Political Science |
ISBN | : 0791478025 |
The Supreme Court's recent spate of state sovereign immunity rulings have protected states from lawsuits based on federal legislation as diverse as disabilities law, age discrimination, patent and trademark law, and labor standards. But does the doctrine of state sovereign immunity increase state authority? Does it undermine federal antidiscrimination statutes? Is it an effective means to revive a more robust version of federalism, shifting the balance of power toward states and away from the federal government, and if so, what are the costs and implications of such an approach? This book explores these questions through engaging historical case studies and traces the impact of state sovereign immunity on both plaintiffs and states. Demonstrating that the doctrine's primary effect is felt most keenly by the weakest and most politically unpopular individuals, Christopher Shortell's findings challenge arguments from both proponents and opponents of state sovereign immunity.
Author | : Raul C Pangalangan |
Publisher | : BRILL |
Total Pages | : 509 |
Release | : 2021-11-15 |
Genre | : Law |
ISBN | : 9004469729 |
The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.
Author | : Ernest K. Bankas |
Publisher | : Springer Science & Business Media |
Total Pages | : 564 |
Release | : 2005-06-30 |
Genre | : Law |
ISBN | : 9783540256953 |
The author shows through a careful analysis of the law that restrictive immunity does not have vox populi in developing countries, and that it lacks usus. He also argues that forum law, i.e. the lex fori is a creature of sovereignty and between equals before the law, only what is understood and acknowledged as law among states must be applied in as much as the international legal system is horizontal.