Court Decisions from 2002
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- Enforcing Federal Rights Through 1331/Supremacy Clause Jurisdiction
- For many years, attorneys for low income individuals, persons of color, and other public interest groups, enforced federal laws in private law suits by relying primarily on one of three bases for a fe...
- Clean Air Act Enforceable Against States Under Ex parte Young
- A federal district court in Pennsylvania has held that the Clean Air Act may be enforced against states through Ex parte Young. ...
- Fourth Circuit Debates Congressional Power Under the 14th Amendment
- A Fourth Circuit case has undertaken a comprehensive review of the respective roles of Congress and the courts in determining Congressional authority under Section 5 of the 14th Amendment to enforce t...
- May States Refuse to Enforce Federal Law?
- In Alden v. Maine, (1) the U.S. Supreme Court held that under the structure of the federal Constitution and historic principles of sovereign immunity, Congress could not authorize suits against states...
- Conservative Judge Raps Supreme Court Majority
- Yes, Virginia, there are true conservative judges who believe in judicial restraint and do not pursue a radical right activist agenda....
- Supreme Court Tightens Scope of Rights Enforceable Under 1983
- In a decision that will surely result in a variety of arguments against enforcement of federal laws under 42 U.S.C. ยง 1983, the US Supreme Court held that one provision of the Federal Educational Rig...
- Spending Clause View of Justice Scalia
- In a unanimous decision, the U.S. Supreme Court held that punitive damages are not recoverable in cases under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitatio...
- Enforcing Federal Rights Against States and State Officials
- Missing...
- Risk of Loss of Medicaid Funds Not Coercive Under Tenth Amendment
- The federal Medicaid statute requires states to recover certain Medicaid benefits paid beneficiaries from their estate when they die....
- No State Immunity to Suit by Federal Government
- The Fourth and Seventh Circuits have reiterated that damage actions on federal claims against states brought by the Federal government on behalf of state employees are not barred by the 11th Amendment...