Court Decisions from 2001
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- DOJ Briefs in ADA Title II Sovereign Immunity Cases
- The U.S. Department of Justice has intervened in a series of cases defending the constitutionality of ADA Title II suits against states for monetary damages. See "Enforcing the ADA: A Status Report fr...
- Supreme Court Briefs in Ferderalism Cases Available
- The Supreme Court will hear argument in the first week in December in two companion cases raising significant federalism issues. The lead case is Mathias v. Worldcom Technologies, Inc., No. 00-878. Th...
- ADA Title II and Section 504 Enforceable Under Ex parte Young and Section 1983
- The following memorandum was prepared by Mark Murphy, Disabilities Law Center, Pittsburgh, counsel for plaintiffs in Frederick L. v. Department of Public Welfare (E.D. Pa. July 23, 2001). ...
- Supreme Court Invalidates Catalyst Theory for Court Awarded Attorneys Fee
- The Supreme Court, in what some view as one of its more result-oriented decisions, has ruled that results don’t matter when it comes to court awarded attorneys fees unless there is a judgment or con...
- Ex Parte Young: Memorandum on Historical Background
- From the earliest decisions of the United States Supreme Court following the enactment of the Eleventh Amendment, a consistent string of authority has denied state officers the benefit of Eleventh Ame...
- Two Courts Reject Westsider Mothers Decision, Enforce Medicaid Statute
- Two courts have recently rejected the District Court decision in Westside Mothers v. Haveman 133 F. Supp. 2d 549 (Ed. Mich. 2001) holding the federal Medicaid statute unenforceable by private individu...
- No Private Right to Enforce Title VI Disparate Impact Regulation: Alexander v. Sandoval
- By the now customary 5-4 split in cases involving private enforcement of federal rights, the U.S. Supreme Court has held there is no private right of action to enforce the disparate impact regulations...
- LIfe AFter Garrett: Enforcing the ADA and SEction 504 Against States, and State Officials
- A. Garrett Imposes Limitations on ADA Enforcement by Private Parties Against States. Congressional authority for the Americans with Disabilities Act (ADA) is founded upon both the Commerce Clause...
- Supreme Court Holds Constitution Does Not Authorize Abrogation of State Immunity in Damage Action Against a State for Employoment Discrimination Under ADA Title I
- Preparation and publication of this paper is supported by a grant from the Program on Law & Society of the Open Society Institute. In another 5-4 opinion, with the usual suspects in the majority, ...
- Supreme Court Avoids Commerce Clause Question Through Narrow Construction of Clean Water Act
- By a 5-4 vote, the conservative majority on the U.S. Supreme Court narrowly construed the Section 404(a) of the Clean Water Act (CWA), 33 U.S.C. § 1344(a). Solid Waste Agency of Northern Cook County ...