Constitutional Law — sovereign immunity
2012AP62 Hoops Enterprises III, LLC, v. Super Western Inc.
Constitutional Law — sovereign immunity — waiver
2011AP1178 Scocos v. State of Wisconsin Department of Veteran Affairs
Native Americans — sovereign immunity
2011AP364 Koscielak v. Stockbridge-Munsee Community
08-4164 Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc.
Constitutional Law Sovereign immunity
08-1438 Sossamon v. Texas
Constitutional Law Sovereign immunity States, in accepting federal funding, do not consent to waive their sovereign immunity to private suits for money damages under RLUIPA. Sossamon mistakenly contends that Congress’ enactment of RLUIPA §3 pursuant to the Spending Clause put the States on notice that they would be liable for damages because Spending Clause legislation […]
09-529 Virginia Office for Protection & Advocacy v. Stewart
Constitutional Law Sovereign immunity The Eleventh Amendment does not preclude a state agency from suing the state. Respondents claim that a State’s dignity is diminished when a federal court adjudicates a dispute between its components. But a State’s stature is not diminished to any greater degree when its own agency sues to enforce its officers’ […]
08-4164 Board of Regents v. Phoenix International Software, Inc.
Constitutional Law Sovereign immunity A state does not lose its sovereign immunity through litigation conduct. “Phoenix contends that Wisconsin’s litigation status was similarly changed-and its sovereign immunity similarly waived-when it made the decision to file an action in district court pursuant to 15 U.S.C. § 1071(b) rather than appealing the TTAB’s decision to the Federal [...]
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