DOCSLIB.ORG

The Evolution and Expansion of Eleventh Amendment Immunity: Legal Implications for Public Institutions of Higher Education Krista Michele Mooney

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Evolution and Expansion of Eleventh Amendment Immunity: Legal Implications for Public Institutions of Higher Education Krista Michele Mooney Florida State University Libraries Electronic Theses, Treatises and Dissertations The Graduate School 2005 The Evolution and Expansion of Eleventh Amendment Immunity: Legal Implications for Public Institutions of Higher Education Krista Michele Mooney Follow this and additional works at the FSU Digital Library. For more information, please contact [email protected] THE FLORIDA STATE UNIVERSITY COLLEGE OF EDUCATION THE EVOLUTION AND EXPANSION OF ELEVENTH AMENDMENT IMMUNITY: LEGAL IMPLICATIONS FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION By KRISTA MICHELE MOONEY A Dissertation submitted to the Department of Educational Leadership and Policy Studies in partial fulfillment of the requirements for the degree of Doctor of Philosophy Semester Approved Fall Semester, 2005 Copyright © 2005 Krista Michele Mooney All Rights Reserved The members of the committee approved the dissertation of Krista Michele Mooney defended on October 7, 2005. ______________________________ Joseph C. Beckham Professor Directing Dissertation ______________________________ Michael J. Mondello Outside Committee Member ______________________________ Dale W. Lick Committee Member ______________________________ Robert A. Schwartz Committee Member Approved: ____________________________________________________________________________ Joseph C. Beckham, Interim Chair, Department of Educational Leadership and Policy Studies The Office of Graduate Studies has verified and approved the above named committee members. ii For my mother and father: my sounding boards, my cheerleaders, my best friends. Without their unconditional love, boundless support, and relentless encouragement, fulfillment of this personal goal (like so many others) would not have been possible. iii ACKNOWLEDGEMENTS Throughout this endeavor, I have been extremely fortunate to be surrounded by an unbelievably gifted group of professors, classmates, and colleagues. It is with much delight that I recognize that these hardworking relationships have also evolved into very real friendships, and it is with much sincerity that I extend long overdue gratitude to those individuals for their valuable backing and collaboration during my tenure as a doctoral student at The Florida State University. Admittedly, with an undercurrent of “where do I even begin” in my doing so, I thank and acknowledge the most remarkable mentor and major professor that any graduate student could hope for, Dr. Joseph Beckham. His confidence in my abilities and enthusiasm for my research served as motivation to persevere, even when the obstacles seemed insurmountable. Without his legal expertise, persistent support, and unparalleled patience, this dream certainly would not have become reality. I would also like to take this opportunity to acknowledge and thank the remaining members of my committee, Dr. Dale Lick, Dr. Michael Mondello, and Dr. Robert Schwartz. Their enthusiastic guidance, critical thinking ability, and keen eye for detail have made invaluable contributions to this effort. The appreciation and respect I have, for all of the members of my dissertation committee, is immeasurable. Sincere thanks are also due to my close, personal friends who stood by me while I fought to reach this goal. Their ability to champion this effort, even as it severely curtailed our quality time together, is just one of the countless qualities that make them so special to me. Further, I would be remiss not to thank all of my cronies in the Board of Governors’ Office, who have not only put up with me during this time, but also provided much-needed encouragement too many times to mention. Finally, and most importantly, I would like to thank my family. My father, Dr. Dennis Mooney and my mother, Mrs. Mary Mooney, have provided a foundation, unlike any other, from iv which to reach up and grab this star. They have instilled in me this insatiable drive to succeed, and continue to serve as personal and intellectual inspiration as I explore my long list of life goals. My love and admiration for them is infinite, and I credit them, completely, with bestowing upon me all the tools necessary to tackle the road ahead, wherever it may lead. v TABLE OF CONTENTS List of Tables ...................................................................................................... viii Abstract ...................................................................................................... ix 1. INTRODUCTION .......................................................................................... 1 Purpose of the Research.............................................................................. 3 Significance of the Research....................................................................... 4 Scope and Limitations................................................................................. 5 2. REVIEW OF RELATED LITERATURE...................................................... 6 Eleventh Amendment Generally................................................................. 7 Arm of the State Doctrine........................................................................... 17 The Courts and Higher Education............................................................... 20 Eleventh Amendment Immunity as Applied to Public Institutions of Higher Education................................................ 21 3. METHODOLOGY AND PROCEDURES..................................................... 23 Conceptual Framework............................................................................... 24 Method of Analysis..................................................................................... 29 4. ELEVENTH AMENDMENT IMMUNITY: CASE LAW ANALYSIS........ 34 Historic Origins and Foundations ............................................................... 35 The Jay Court Era (1789-1795) ........................................................... 37 The Ellsworth Court Era (1796-1800) .................................................. 37 The Marshall Court Era (1801-1835) ................................................... 41 The Taney Court Era (1836-1864)........................................................ 46 The Chase Court Era (1864-1873)........................................................ 49 The Waite Court Era (1874-1888) ........................................................ 51 vi Transitional Evolution ................................................................................ 59 The Fuller Court Era (1888-1910) ........................................................ 59 The White Court Era (1910-1921)........................................................ 78 The Hughes Court Era (1930-1941) ..................................................... 83 The Stone Court Era (1941-1946)......................................................... 89 The Vinson Court Era (1946-1953) ...................................................... 93 The Warren Court Era (1953-1969)...................................................... 95 Contemporary Federalism and State Sovereignty....................................... 100 The Burger Court Era (1969-1986)....................................................... 100 The Rehnquist Court Era (1986-2005) ................................................. 129 5. ELEVENTH AMENDMENT IMMUNITY: ARM OF THE STATE ANALYSIS .............................................................................................. 173 Arm of the State Analysis Generally .......................................................... 174 Arm of the State Analysis Specific to Higher Education Case Law........... 179 6. SUMMARY AND CONCLUSIONS ............................................................. 184 Summary of Methodology and Procedures................................................. 184 Conclusions ................................................................................................ 188 Recommendations for Further Study.......................................................... 196 APPENDIX A ...................................................................................................... 198 BIBLIOGRAPHY ............................................................................................... 212 BIOGRAPHICAL SKETCH ............................................................................... 225 vii LIST OF TABLES Table 1: Range of Factors Utilized in Arm of the State Analyses...................... 221 Table 2: Arm of the State Tests in the U.S. Circuit Courts of Appeals .............. 223 viii ABSTRACT The purpose of this study was to explore the evolution of Eleventh Amendment immunity and the resulting implications for public institutions of higher education. Despite the relatively simple language of the Amendment, its interpretation has not been clear, consistent, or textual. This area of law has enormous implications for entities and individuals within education, as each contraction or expansion of the scope of the immunity defense has a direct impact on public higher education. In most cases, state universities are considered “arms of the state,” which affords them an extension of the state’s immunity protection. The study explored the importance of this tenuous relationship. This study served to enhance understanding and advance knowledge in this constantly evolving area of federal jurisprudence, through an investigation of the evolution of Eleventh Amendment jurisprudence and the arm of the state doctrine. The primary basis for conducting this research was an historical-legal approach and reasoning
Load more

Recommended publications
  • Early Understandings of the "Judicial Power" in Statutory Interpretation
    ARTICLE ALL ABOUT WORDS: EARLY UNDERSTANDINGS OF THE 'JUDICIAL POWER" IN STATUTORY INTERPRETATION, 1776-1806 William N. Eskridge, Jr.* What understandingof the 'judicial Power" would the Founders and their immediate successors possess in regard to statutory interpretation? In this Article, ProfessorEskridge explores the background understandingof the judiciary's role in the interpretationof legislative texts, and answers earlier work by scholars like ProfessorJohn Manning who have suggested that the separation of powers adopted in the U.S. Constitution mandate an interpre- tive methodology similar to today's textualism. Reviewing sources such as English precedents, early state court practices, ratifying debates, and the Marshall Court's practices, Eskridge demonstrates that while early statutory interpretationbegan with the words of the text, it by no means confined its searchfor meaning to the plain text. He concludes that the early practices, especially the methodology ofJohn Marshall,provide a powerful model, not of an anticipatory textualism, but rather of a sophisticated methodology that knit together text, context, purpose, and democratic and constitutionalnorms in the service of carrying out the judiciary's constitutional role. TABLE OF CONTENTS Introduction .................................................... 991 I. Three Nontextualist Powers Assumed by English Judges, 1500-1800 ............................................... 998 A. The Ameliorative Power .............................. 999 B. Suppletive Power (and More on the Ameliorative Pow er) .............................................. 1003 C. Voidance Power ..................................... 1005 II. Statutory Interpretation During the Founding Period, 1776-1791 ............................................... 1009 * John A. Garver Professor ofJurisprudence, Yale Law School. I am indebted toJohn Manning for sharing his thoughts about the founding and consolidating periods; although we interpret the materials differently, I have learned a lot from his research and arguments.
    [Show full text]
  • State Sovereign Immunity and the Bankruptcy Code (Part One) Karen Gebbia Golden Gate University School of Law, [email protected]
    Golden Gate University School of Law GGU Law Digital Commons Publications Faculty Scholarship 1998 State Sovereign Immunity and the Bankruptcy Code (Part One) Karen Gebbia Golden Gate University School of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.ggu.edu/pubs Part of the Bankruptcy Law Commons Recommended Citation 7 J. Bankr. L. & Prac. 521 (1998) This Article is brought to you for free and open access by the Faculty Scholarship at GGU Law Digital Commons. It has been accepted for inclusion in Publications by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. STATE SOVEREIGN IMMUNITY AND THE BANKRUPTCY CODE [PART ONE], 7 J. Bankr. L. & Prac. 521 7 J. Bankr. L. & Prac. 521 Journal of Bankruptcy Law and Practice September/October, 1998 STATE SOVEREIGN IMMUNITY AND THE BANKRUPTCY CODE [PART ONE] Karen M. Gebbia-Pinetti1 Copyright © 1998 by West Group; Karen M. Gebbia-Pinetti This article is the first of a two-part series in which Professor Gebbia-Pinetti considers how the complexities of state sovereign immunity apply to bankruptcy actions. The present article lays the foundation by analyzing the source, scope, and nature of states' immunity from suits filed in federal court to enforce state and federal law. This includes a discussion of traditional sovereign immunity, Eleventh Amendment immunity, abrogation of immunity, and the Supreme Court's decision in Seminole Tribe v. Florida. The second article will consider the extent to which the bankruptcy estate may enforce Bankruptcy Code actions against the states, notwithstanding state sovereign immunity.
    [Show full text]
  • Judicial Review of Indian Treaty Abrogation: "As Long As Water Flows, Or Grass Grows Upon the Earth" -- How Long a Time Is That?
    University of Colorado Law School Colorado Law Scholarly Commons Articles Colorado Law Faculty Scholarship 1975 Judicial Review of Indian Treaty Abrogation: "As Long as Water Flows, or Grass Grows upon the Earth" -- How Long a Time Is That? Charles F. Wilkinson University of Colorado Law School John M. Volkman Center for Urban Education Follow this and additional works at: https://scholar.law.colorado.edu/articles Part of the Courts Commons, Dispute Resolution and Arbitration Commons, Indian and Aboriginal Law Commons, Land Use Law Commons, Legal History Commons, and the Legislation Commons Citation Information Charles F. Wilkinson and John M. Volkman, Judicial Review of Indian Treaty Abrogation: "As Long as Water Flows, or Grass Grows upon the Earth" -- How Long a Time Is That?, 63 CALIF. L. REV. 601 (1975), available at https://scholar.law.colorado.edu/articles/1124. Copyright Statement Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. This Article is brought to you for free and open access by the Colorado Law Faculty Scholarship at Colorado Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact [email protected]. +(,121/,1( Citation: Charles F. Wilkinson; John M. Volkman, Judicial Review of Indian Treaty Abrogation: As Long as Water Flows, or Grass Grows upon the Earth--How Long a Time is That, 63 Cal.
    [Show full text]
  • James Buchanan As Savior? Judicial Power, Political Fragmentation, and the Failed 1831 Repeal of Section 25
    MARK A. GRABER* James Buchanan as Savior? Judicial Power, Political Fragmentation, and the Failed 1831 Repeal of Section 25 A ntebellum Americans anticipated contemporary political science when they complained about the tendency of embattled political elites to take refuge in the judiciary. Recent scholarship on comparative judicial politics suggests that judicial review is a means by which constitutional framers provided protection for certain class interests that may no longer be fully protected in legislative settings. Tom Ginsburg claims, "[I]f they foresee themselves losing in postconstitutional elections," the politicians responsible for the constitution "may seek to entrench judicial review as a form of political insurance." 1 Such a constitutional design ensures "[e]ven if they lose the election, they will be able to have some access to a forum in which to challenge the legislature."2 In 1801, Thomas Jefferson foreshadowed this strategy. He asserted that the defeated Federalist Party had "retired into the judiciary as a stronghold ...and from that battery all the works of republicanism are to be beaten down and erased.",3 More than a half century later, Chief Justice David S. *Professor of Law and Government, University of Maryland School of Law. This Article was written while the author was the 2008-09 Wayne Morse Chair at the University of Oregon School of Law. I am grateful to the Morse Foundation, Margaret Hallock, and Elizabeth Weber for their remarkable support. I am also grateful to numerous colleagues at the University of Maryland School of Law and elsewhere who read and commented on what follows without giggling too much.
    [Show full text]
  • The Constitution in the Supreme Court: the Protection of Economic Interests, 1889-1910
    University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1985 The Constitution in the Supreme Court: The Protection of Economic Interests, 1889-1910 David P. Currie Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation David P. Currie, "The Constitution in the Supreme Court: The Protection of Economic Interests, 1889-1910," 52 University of Chicago Law Review 324 (1985). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. The Constitution in the Supreme Court: The Protection of Economic Interests, 1889-1910 David P. Curriet The Supreme Court's first hundred years virtually ended with the death of Chief Justice Morrison R. Waite in March 1888. Five of Waite's brethren-Stanley Matthews, Samuel F. Miller, Joseph P. Bradley, Samuel Blatchford, and Lucius Q.C. Lamar-left the Court within the next five years, and a sixth-Stephen J. Field-hung on after his powers had faded.1 By 1894, Melville W. Fuller2 presided over an essentially new Court consisting of David J. Brewer, Henry B. Brown, George Shiras, Howell E. Jackson, and Edward Douglass White3 in addition to the three holdovers, John M. Harlan, Horace Gray, and Field. Jackson and Field soon gave way to Rufus W. Peckham and Joseph McKenna; Gray and Shiras, after the turn of the century, were replaced by Oliver Wendell Holmes and William R.
    [Show full text]
  • The Constitution in the Supreme Court: the Protection of Economic Interests, 1889-1910 David P
    The Constitution in the Supreme Court: The Protection of Economic Interests, 1889-1910 David P. Curriet The Supreme Court's first hundred years virtually ended with the death of Chief Justice Morrison R. Waite in March 1888. Five of Waite's brethren-Stanley Matthews, Samuel F. Miller, Joseph P. Bradley, Samuel Blatchford, and Lucius Q.C. Lamar-left the Court within the next five years, and a sixth-Stephen J. Field-hung on after his powers had faded.1 By 1894, Melville W. Fuller2 presided over an essentially new Court consisting of David J. Brewer, Henry B. Brown, George Shiras, Howell E. Jackson, and Edward Douglass White3 in addition to the three holdovers, John M. Harlan, Horace Gray, and Field. Jackson and Field soon gave way to Rufus W. Peckham and Joseph McKenna; Gray and Shiras, after the turn of the century, were replaced by Oliver Wendell Holmes and William R. Day. William H. Moody and Horace R. Lurton served briefly at the end of Fuller's term, and another mas- sive turnover accompanied Fuller's death in 1910. Thus the per- sonnel of Fuller's twenty-one-year tenure is well separated from that of the preceding and following periods. Moreover, although twenty Justices sat during this time, eleven did the lion's share of the work: Harlan, Gray, Fuller, Brewer, Brown, Shiras, White, t Harry N. Wyatt Professor of Law, University of Chicago. I thank Karla Kraus and Richard Levy for valuable research assistance, Mitchell Daffner for taming the computer, Richard Helmholz, Richard Posner, and Cass R. Sunstein for helpful comments, and the Jerome S.
    [Show full text]
  • The Restriction of Civil Liberties During Times of Crisis
    Connecticut College Digital Commons @ Connecticut College Government and International Relations Honors Government and International Relations Papers Department 5-2009 The Restriction of Civil Liberties during Times of Crisis: The volutE ion of America's Response to National Military Threats Matthew .D Fairman Connecticut College, [email protected] Follow this and additional works at: http://digitalcommons.conncoll.edu/govhp Part of the American Politics Commons, and the United States History Commons Recommended Citation Fairman, Matthew D., "The Restriction of Civil Liberties during Times of Crisis: The vE olution of America's Response to National Military Threats" (2009). Government and International Relations Honors Papers. 7. http://digitalcommons.conncoll.edu/govhp/7 This Honors Paper is brought to you for free and open access by the Government and International Relations Department at Digital Commons @ Connecticut College. It has been accepted for inclusion in Government and International Relations Honors Papers by an authorized administrator of Digital Commons @ Connecticut College. For more information, please contact [email protected]. The views expressed in this paper are solely those of the author. THE RESTRICTION OF CIVIL LIBERTIES DURING TIMES OF CRISIS THE EVOLUTION OF AMERICA’S RESPONSE TO NATIONAL MILITARY THREATS An Honors Thesis Presented By Matthew David Fairman To the Department of Government in Partial Fulfillment of the Requirements for Honors in the Major Field CONNECTICUT COLLEGE NEW LONDON, CONNECTICUT MAY 1, 2009 ABSTRACT This treatise explores the nature and significance of the threat posed to civil liberties during times of major national military crisis and evaluates changes in the nature of wartime repression over the course of American history.
    [Show full text]
  • Taming the Eleventh Amendment Without Overruling Hans V. Louisiana
    Case Western Reserve Law Review Volume 40 Issue 4 Article 6 1989 Taming the Eleventh Amendment without Overruling Hans v. Louisiana William Burnham Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation William Burnham, Taming the Eleventh Amendment without Overruling Hans v. Louisiana, 40 Case W. Rsrv. L. Rev. 931 (1989) Available at: https://scholarlycommons.law.case.edu/caselrev/vol40/iss4/6 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. TAMING THE ELEVENTH AMENDMENT WITHOUT OVERRULING HANS V. LoUISIANA William Burnham* Traditional eleventh amendment jurisprudence has it that in 1890, in Hans v. Louisiana, the Supreme Court held that the amendment, though its terms prohibit only suits against a state by citizens of other states, applied to bar federal constitutional claims as well. The Author argues that this is a flawed reading of Hans because Hans did not involve a federal constitutional claim. Instead, the plaintiff in Hans -assertedonly a common law claim against the state - which claim the Court held was barred by common law sovereign immunity. For this reason, the author argues that neither Hans nor the eleventh amendment need be read to bar federal claims against the states in federal court. THE YEAR 1990 marks the one-hundredth anniversary of one of the Supreme Court of the United States' most important de- cisions.
    [Show full text]
  • Ashton Embry and the Supreme Court Leak Scandap
    JO""'"/ oj Supmne Co"r' Hi5lory (ISSN lO59-4329) is published three times a yea r in March, Jul y, and November by the Supreme Court Hisrorical Society through Blackwell Publishing, Inc., with offices at 350 Main Street, Malden, MA 02148, USA, and 108 Cowley Road, Oxford OX4 IjF, UK. Call US I -800-835-6770 Or fax: (781) 388-8232 (-mail: subscrip@ blackwcll pub.coll1. Information for Subscribers For new orders, renewals, sample cory requests, claims. changes of address, and all other subscription correspondences, please contact the jOlll'l1a ls Dcpartmem at the publisher's Malden office at 350 Main Sneet, Malden, MA 02148, USA, Or 108 Cowley Road, Oxford OX4 IjF, UK. Call ( roll free in the US only) 1-800-835-6770, fax: 781-388-8232, or email: [email protected] Subscription Rates for Volume 27, 2002 Institutions, The Americas $85.00, UK/ Rest of World £65.00; Single Issues: Institutions: The Americas $34.00, UK/Rest of World £26.00. C hecks in US dollars must be drawn on a US bank. Checks in sterling must be drawn on a UK bank. Checks should be made payable to Blackwell . Only individual orders may be paid by personal chec k. Canadian residems please add 7% GST. Select E-mail Updates Uniquely flexible, SELECT allows yo u to receive exactly the information that in- terests you, at a frequency decided by you. This journal's tables of contents ca n now be c-mailed to your desktop as each issue is published. For further information, or to register fot this FREE service, simply visit: http:// select.blackwellpublishers.co.uk Electronic Access Abstract information for this journal is electTonically ava ilable at' htrp://www.b lackwellpubl ish­ ers.
    [Show full text]
  • President John Adams and Four Chief Justices: an Essay for James F
    NYLS Law Review Vols. 22-63 (1976-2019) Volume 57 Issue 3 Supreme Court Narratives: Law, History, Article 3 and Journalism January 2013 President John Adams and Four Chief Justices: An Essay for James F. Simon R.B. Bernstein New York Law School Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Judges Commons, Law and Politics Commons, Legal History Commons, President/ Executive Department Commons, and the Supreme Court of the United States Commons Recommended Citation R.B. Bernstein, President John Adams and Four Chief Justices: An Essay for James F. Simon, 57 N.Y.L. SCH. L. REV. (2012-2013). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. VOLUME 57 | 2012/13 R.B. Bernstein President John Adams and Four Chief Justices: An Essay for James F. Simon 57 N.Y.L. Sch. L. Rev. 441 (2012–2013) ABOUT THE AUTHOR: Distinguished Adjunct Professor of Law, New York Law School, and Adjunct Professor of Political Science and History, Skadden, Arps Honors Program in Legal Studies, City College of New York. I thank my colleagues and friends at New York Law School—including Dean Emeritus James F. Simon and Professors William P. LaPiana, Edward A. Purcell, Jr., Marcey Grigsby, and Nadine Strossen, as well as co-panelists Akhil Reed Amar of Yale University, Richard D. Friedman of the University of Michigan Law School, and Lucas A. Powe, Jr. of the University of Texas at Austin.
    [Show full text]
  • The Constitution in the Supreme Court: 1921-1930
    THE CONSTITUTION IN THE SUPREME COURT: 1921-1930 DAVID P. CURRIE* The selection of William Howard Taft to succeed Edward D. White as Chief Justice in 1921 was followed by three additional appointments in the next two years: George Sutherland, Pierce Butler, and Edward T. Sanford replaced William R. Day, Mahlon Pitney, and John H. Clarke. The upshot was something of a reign of terror for state and federal legislation.' White himself had been no great supporter of progressive legislation, and neither Day nor Pitney was in later terms a flaming liberal. The last two, however, had frequently voted with Holmes, Brandeis, and Clarke to sustain social legislation against due process attacks. Sutherland, But- ler, and Sanford, like Taft, tended to cast their lot with Van Devanter, McReynolds, and McKenna, who had been frequent dissenters in sub- stantive due process cases before 1921; thus a vocal minority became a solid majority within a two-year period. The replacement of McKenna by Harlan F. Stone in 1925 merely increased the number of regular dis- senters from two to three.2 * Harry N. Wyatt Professor of Law, University of Chicago. Thanks to Mary Beth Gose for managing the computer; to Nelson Lund, David Vandermeulen, Steve Rowland, and Richard Cray Donaldson for useful seminar papers; and to Albert Alschuler, Frank Easterbrook, Richard Helm- holz, Richard Posner, Carol Rose, Geoffrey Stone, Cass Sunstein, and William Van Alstyne for helpful criticism. 1. See Brown, Due Process of Law, Police Power, and the Supreme Court, 40 HARv. L. REV. 943, 944 (1927) ("[I]n the six years since 1920 the Supreme Court has declared social and economic legislation unconstitutional under the due process clauses of either the Fifth or the Fourteenth Amendment in more cases than in the entire fifty-two previous years ...
    [Show full text]
  • 18MPA25E • PREPARED by : DR.P.MAGUDAPATHY Asst
    Comparative Public Administration • SUBJECT CODE : 18MPA25E • PREPARED BY : DR.P.MAGUDAPATHY Asst. Professor • DEPARTMENT : PG & Research Department Of Public Administration • CONTACT NO. : 9994672379 • E-MAIL : [email protected] The content is prepared according to the text book and reference book given in the syllabus. Year Subject Title Sem. Sub Code 2018 -19 Elective II:Comparative Public Administration II 18MPA25E Onwards Objective To increase the knowledge of the students about the Comparative Public Administrationand Administrative System which are prevailing in the various parts of the world namely U.S.A., U.K., France. UNIT I: INTRODUCTION Meaning, Nature and Scope of Comparative Public Administration - Evolution of the Study of Comparative Public Administration – Approaches to the Study of Comparative Public Administration – Traditional- Structural-Behavioral – Functional – System , Institutional, Ecological and Modern Approach. UNIT II: COMPARISON OF LAW AND POLICY MAKING PROCESS Comparative Study of Legislature and Policy Making Process in UK, USA and France UNIT III: FUNCTION OF EXECUTIVE BRANCHES Comparative Study of Executive Branches in UK, USA and France UNIT IV: METHODS OF JUDICIAL SYSTEM: Comparative Study of Judicial System in UK, USA and France UNIT V: TYPES OF CIVIL SERVICE AND LOCAL GOVERNMENTS: Comparative Study of Civil Services in UK,USA and France, Comparative Study of Local Government Institutions in UK, USA and France. Textbook 1. Arora R.K. Comparative Public Administration. Unique Publishers, New Delhi , 2007 Reference Books 1. S.S Pahlya, Ravindra Singh, New Delhi , Sterling Publishers Pvt,Ltd, New Delhi,2012 2. RathodP.B . Comparative Public Administration, Abd Publishers Jaipur -2007 3. Juditha Bara And Mark Pennigton Comparative Politics, Sage Publication New Delhi, 2009.
    [Show full text]