Q: How do we get around the immunity?
we get around the immunity by:
- federal gov’t can sue
- sister state can sue
- get state to waive her immunity in federal courts
–Atascadero
- Congress can abrogate immunity under §5 of the 14th am.
1. life liberty property or equal protection
[if none, go to state ct or Congress]
2. state is violating a specific provision of the C
3. proportionality and congruence: subjective evaluation of the
d.p. / e.p. evil v. the remedy (the act and the abrogation of
immunity); is the injury out of proportion to the remedy?
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