Local Sovereign Immunity
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Rules for Louisiana District Courts and Juvenile Courts and Numbering System for Louisiana Family Court Proceedings
RULES FOR LOUISIANA DISTRICT COURTS AND JUVENILE COURTS AND NUMBERING SYSTEM FOR LOUISIANA FAMILY COURT PROCEEDINGS Adopted April 1, 2002 Includes Amendments through May 15, 2013 (Amendments effective June 1, 2013) RULES FOR LOUISIANA DISTRICT COURTS TITLE I RULES FOR PROCEEDINGS IN DISTRICT COURTS, FAMILY COURTS, AND JUVENILE COURTS TITLE II RULES FOR CIVIL PROCEEDINGS IN DISTRICT COURTS (EXCEPT FOR FAMILY COURTS AND JUVENILE COURTS) TITLE III RULES FOR CRIMINAL PROCEEDINGS IN DISTRICT COURTS TITLE IV NUMBERING SYSTEM FOR FAMILY PROCEEDINGS IN DISTRICT COURTS AND IN THE FAMILY COURT FOR THE PARISH OF EAST BATON ROUGE (See http://www.lasc.org/rules/DistrictCourt.asp) TITLE V RULES FOR JUVENILE PROCEEDINGS IN DISTRICT COURTS AND IN JUVENILE COURTS FOR THE PARISHES OF EAST BATON ROUGE, ORLEANS, JEFFERSON, AND CADDO TITLE VI RULES FOR LITIGATION FILED BY INMATES 1 DISTRICT COURT APPENDICES App. Rule Number Appendix Title 1.3 1.3 Amendment Form 2.0 2.0 Local Holidays in Addition to Legal Holidays Listed in La. R.S. 1:55 3.1 3.1 Divisions or Sections of Court 3.2 3.2 Duty Judges 4.1 4.1 Judicial Administrators and Clerks of Court 5.1A 5.1 Americans with Disabilities Form 5.1B 5.1 Request for Interpreter and Order 5.1C 5.1 Interpreter’s Oath 8.0 8.0 In Forma Pauperis Affidavit 9.3 9.3 Allotments; Signing of Pleadings in Allotted and Non-Allotted Cases 9.4 9.4 Presentation of Pleadings to the Court and Filing with the Clerk of Court 9.6 9.6 Civil Case Cover Sheet Form 9.12A 9.12 Notice of Limited Appearance – Family Law Cases 9.12B 9.12 Notice -
And Justice for All: an Alternative Decision to Williams V. Nassau County Medical Center to Ameliorate the Harsh Impact of New Y
Minnesota Journal of Law, Science & Technology Volume 12 Issue 1 Article 4 2011 And Justice for All: An Alternative Decision to Williams v. Nassau County Medical Center to Ameliorate the Harsh Impact of New York's Late Notice of Claim Statute on Infant Medical Malpractice Plaintiffs David A. Mayer Christopher McGrath Follow this and additional works at: https://scholarship.law.umn.edu/mjlst Recommended Citation David A. Mayer & Christopher McGrath, And Justice for All: An Alternative Decision to Williams v. Nassau County Medical Center to Ameliorate the Harsh Impact of New York's Late Notice of Claim Statute on Infant Medical Malpractice Plaintiffs, 12 MINN. J.L. SCI. & TECH. 23 (2011). Available at: https://scholarship.law.umn.edu/mjlst/vol12/iss1/4 The Minnesota Journal of Law, Science & Technology is published by the University of Minnesota Libraries Publishing. 121_MayerMAYER DA,.DOCX McGrath (DO NOT D C.ELETE And) Justice for All: An Alternative Decision4/4/2011 to 8:07 AM Williams v. Nassau County Medical Center to Ameliorate the Harsh Impact of New York’s Late Notice of Claim Statute on Infant Medical Malpractice Plaintiffs. Minnesota Journal of Law, Science & Technology. 2011;12(1):23-60. And Justice for All: An Alternative Decision to Williams v. Nassau County Medical Center to Ameliorate the Harsh Impact of New York’s Late Notice of Claim Statute on Infant Medical Malpractice Plaintiffs David A. Mayer* & Christopher McGrath** Strict construction of New York State’s late notice of claim statute1 has unintentionally thwarted the lofty goals of equal access to justice and equal protection under the law through de facto economic segregation of infant medical malpractice plain- tiffs. -
Rules for Louisiana District Courts
RULES FOR LOUISIANA DISTRICT COURTS AND NUMBERING SYSTEMS FOR LOUISIANA FAMILY AND DOMESTIC RELATIONS COURTS AND JUVENILE COURTS RULES FOR LOUISIANA DISTRICT COURTS TITLE I RULES FOR PROCEEDINGS IN DISTRICT COURTS, FAMILY AND DOMESTIC RELATIONS COURTS, AND JUVENILE COURTS TITLE II RULES FOR CIVIL (NON-FAMILY OR DOMESTIC RELATIONS) PROCEEDINGS IN DISTRICT COURTS TITLE III RULES FOR CRIMINAL PROCEEDINGS IN DISTRICT COURTS NUMBERING SYSTEMS FOR LOUISIANA FAMILY AND DOMESTIC RELATIONS COURTS AND JUVENILE COURTS TITLE IV NUMBERING SYSTEM FOR FAMILY AND DOMESTIC RELATIONS PROCEEDINGS IN DISTRICT COURTS AND IN FAMILY COURT FOR THE PARISH OF EAST BATON ROUGE (DISTRICT BY DISTRICT PRESENTATION) TITLE V PROPOSED NUMBERING SYSTEM FOR RULES FOR JUVENILE PROCEEDINGS IN DISTRICT COURTS AND IN JUVENILE COURTS FOR THE PARISHES OF EAST BATON ROUGE, ORLEANS, JEFFERSON AND CADDO (DISTRICT BY DISTRICT PRESENTATION) - 1 - - 2 - RULES FOR LOUISIANA DISTRICT COURTS TITLE I RULES FOR PROCEEDINGS IN DISTRICT COURTS, FAMILY AND DOMESTIC RELATIONS COURTS, AND JUVENILE COURTS Chapter 1 Construction, Application and Amendment Rule 1.0 Construction of Rules and Appendices Rule 1.1 Application of Rules and Appendices Rule 1.2 Effective Date Rule 1.3 Amendment of Rules and Updating Appendices Rule 1.4 Deviations from Rules Chapter 2 Dates of Court Rule 2.0 Dates of Court (see also, Appendix 1) Chapter 3 Judges Rule 3.0 Office Hours Rule 3.1 Divisions or Sections of Court (see also, Appendix 2) Rule 3.2 Duty Judges (see also, Appendix 3) Chapter 4 Court Personnel Rule -
LOUISIANA SUPREME COURT I I I I I Left to Right: Associate Justice Harry T
If you have issues viewing or accessing this file contact us at NCJRS.gov. (!p~.J.&'yvT 'I ~ .~. '7' :J.-9;fJ I ANNUAL REPORTh/=/ I 1986 I I I I I I I I YEA R S I~ I 1812-1987 .'-\) I~ I I ~ I '" THE JUDICIAL COUNCIL OF I THE/~UPREME CO_lJRT OF LOUISIANA I I I I I I I 105169 U.S. Department of Justice National Institute of Justice I This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stat~d in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of I Justice. Permission to reproduce this copyrighted material has been granted by Supreme Court of Louisiana I to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis I sion of the copyright owner. I I I I I .. :: j I .. .' Cav.!!r.~ .(.,a.uisiarlU;celebrates 175 years of statehood in 1987. Use of the official logo is by I '.. permission o/the Louisiana Centeseptequinary Commission. I I I I I I TABLE OF CONTENTS I 1986 ANNUAL REPORT OF THE JUDICIAL COUNCIL SUPREME COURT OF LOUISIANA I 301 Loyola Avenue New Orleans, Louisiana 70112 Eugene J. Murret I Judicial Administrator Letter of Transmittal ...................................................................................... 2 I Supreme Court ........................................................................................... 3 Judicial Council ......................................................................................... -
Head-Of-State and Foreign Official Immunity in the United States After Samantar: a Suggested Approach
Fordham International Law Journal Volume 34, Issue 2 2011 Article 6 Head-of-State and Foreign Official Immunity in the United States After Samantar: A Suggested Approach Christopher D. Totten∗ ∗ Copyright c 2011 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Head-of-State and Foreign Official Immunity in the United States After Samantar: A Suggested Approach Christopher D. Totten Abstract A concept of immunity for foreign heads of state has existed since ancient times. Such immu- nity constitutes customary international law (“CIL”) and, when applicable, frees such individuals from the criminal jurisdiction of foreign nations while carrying out their duties. In the United States, executive branch guidance is considered determinative on the issue of foreign head-of-state immunity; however, the executive branch does not always provide suggestions of immunity, or it may provide suggestions that violate CIL. Drawing upon both US and against foreign sitting and former heads of state and government officials increasingly are becoming more established and ma provide additional guidance in the absence of, or as a supplement to, US executive branch guidance. For example, while relevant international immunity law norms generally prohibit crim- inal prosecutions by domestic jurisdictions against foreign sitting heads of state and other senior governmental officials, they allow such suits against former leaders and officials in certain circum- stances. Moreover, these same norms permit prosecutions against both sitting and former heads of state and officials if these prosecutions are commenced by international criminal tribunals (e.g., the ongoing International Criminal Court proceeding against President Omar Al-Bashir of Sudan). -
Ba, Ll.B. (Honours) Integrated Course Syllabus
B.A., LL.B. (HONOURS) INTEGRATED COURSE SYLLABUS SEMESTER – I Paper-I GENERAL ENGLISH-I Objectives: Objective of this paper is to identify the parts of speech in English Language. to facilitate the students in enhancing their reading, writing and comprehension skills. The course will also help the students in having a sound grasp over the language and to clearly and effectively communicate using the written language. Students should learn legal terms and be able to use those terms accurately. Module-I: Grammar and Usage (Communication Skills) 1. Parts of Speech i) Noun ii) Pronoun iii) Adjective i) Degrees of Comparison iv) Verb a) Tense and concord b) Active voice & passive voice c) Reported Speech d) Conditionals v) Adverb vi) Preposition vii) Conjunction viii) Interjection 2. Articles 3. Sentences i) Simple, compound & complex sentences (one clause) their phrase ii) Negatives, Questions. iii) Modifiers (determiners, phrases, clauses) 4. Question Tags & Short Responses 1 5. Some Common Errors Module-II: Vocabulary 1. Legal terms (relevant to the subject) 2. Use of legal terms and idiomatic expressions Module-III: Comprehension Skills 1. Reading comprehension (principles and practice) 2. Listening comprehension Module-IV: Composition Skills 1. Paragraph Writing 2. Formal correspondence 3. Note Taking 4. Translation from regional language into English and Vice-Versa. Module-V: Literature A) Prose: Masters of English Prose i) Of Friendship – Francis Bacon ii) Of Youth and Age – Francis Bacon iii) The Spider and the Bee – Jonathan Swift iv) City Nightpiece – Oliver Goldsmith v) The Convalescent – Charles Lamb vi) The Maid servant – Deigh Hunt vii) Manners – R, W. Emerson viii) Of Myself – Abrahman Cowley ix) The Golden Age – A.G. -
Congressional Authority to Induce Waivers of State Sovereign Immunity: the Onditc Ional Spending Power (And Beyond) Michael T
Hastings Constitutional Law Quarterly Volume 29 Article 2 Number 3 Spring 2002 1-1-2002 Congressional Authority to Induce Waivers of State Sovereign Immunity: The onditC ional Spending Power (and Beyond) Michael T. Gibson Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Michael T. Gibson, Congressional Authority to Induce Waivers of State Sovereign Immunity: The Conditional Spending Power (and Beyond), 29 Hastings Const. L.Q. 439 (2002). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol29/iss3/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Congressional Authority to Induce Waivers of State Sovereign Immunity: The Conditional Spending Power (and Beyond) by MICHAEL T. GIBSON* I. State Sovereign Immunity vs. American Business A. State Sovereign Immunity Invades Silicon Valley Supporters of state sovereign immunity eventually will rue June 23, 1999. On that day, the Supreme Court's conservative justices seemingly produced three triumphs for states' rights.' In Alden v. Maine, they revealed that sovereign immunity protects States from suits in federal and state courts.2 In Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank,3 they let a state intentionally infringe upon a federal patent without fear of monetary liability.4 In College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, they let the same state violate a federal trademark with the same impunity In all three cases, they said that Congress could not use Article I to abrogate state sovereign Professor, Oklahoma City University School of Law; BA, University of Nebraska; JD, Yale University. -
Supreme Court Round-Up (June 2019)
June 6, 2019 Vol. 11, No. 3 Overview The Supreme Court Round-Up previews upcoming cases, summarizes opinions, and tracks the actions of the Office of the Solicitor General. Each entry contains a description of the case, as well as a substantive analysis of the Court’s actions. October Term 2018 Decided Cases 1. Azar v. Allina Health Servs., No. 17-1484 (D.C. Cir., 863 F.3d 937; cert. granted Sept. 27, 2018, with the Question Presented limited by the Court; argued Jan. 15, 2019). Whether 42 U.S.C. § 1395hh(a)(2) or § 1395hh(a)(4) required the Department of Health and Human Services to conduct notice- and-comment rulemaking before providing the challenged instructions to a Medicare Administrator Contractor making initial determinations of payments due under Medicare. Decided June 3, 2019 (587 U.S. __). D.C. Circuit/Affirmed. Justice Gorsuch for a 7-1 Court (Breyer, J., dissenting; Kavanaugh, J., took no part in the consideration or decision). The Court held that the Government failed to satisfy the requisite notice-and-comment period under the Medicare Act, 42 U.S.C. § 1395hh(a)(2), when it established a “substantive legal standard” by posting on its website a new policy that significantly and retroactively “reduced payments to hospitals serving low-income patients.” Section 1395hh(a)(2) requires the Government to satisfy a notice-and-comment period for any “rule, requirement, or other statement of policy . that establishes or changes a substantive legal standard governing . the payment for services” under Medicare. The phrase “substantive legal standard” in the Medicare Act is “more expansive” than the phrase “substantive rule” in the Administrative Procedure Act (“APA”) for at least three reasons. -
Sovereign Immunity & The
University of Michigan Journal of Law Reform Volume 35 Issues 1&2 2001 The Imperial Sovereign: Sovereign Immunity & the ADA Judith Olans Brown Northeastern University School of Law Wendy E. Parmet Northeastern University School of Law Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Constitutional Law Commons, Disability Law Commons, Legislation Commons, and the Supreme Court of the United States Commons Recommended Citation Judith Olans Brown & Wendy E. Parmet, The Imperial Sovereign: Sovereign Immunity & the ADA, 35 U. MICH. J. L. REFORM 1 (2001). Available at: https://repository.law.umich.edu/mjlr/vol35/iss1/3 This Symposium Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. THE IMPERIAL SOVEREIGN: SOVEREIGN IMMUNITY & THE ADA Judith Olans Brown* Wendy E. Parmet** Professors Brown and Parmet examine the impact of the Supreme Court's resurrection of state sovereign immunity on the rights of individuals protected by the Americans with Disabilities Act in light of the recent decision, Board of Trustees of the University of Alabama v. Garrett. PlacingGarrett within the context of the Rehnquist Court's evolving reallocation of state and federal authority, they argue that the Court has relied upon a mythic and dangerous notion of sovereignty that is foreign to the Framers' understanding. -
The Significance of the Immunity Clause for Democratic Consolidation in Nigeria
African Journal of Criminology and Justice Studies: AJCJS, Vol.6, #s1 &2 November 2012 ISSN 1554-3897 THE SIGNIFICANCE OF THE IMMUNITY CLAUSE FOR DEMOCRATIC CONSOLIDATION IN NIGERIA Olaoye, Ebenezer Olugbenga (Ph.D.), Department of Political Science, Ekiti State University, Nigeria Abstract This paper interrogates the relevance of the constitutional provisions on immunity for certain categories of elected political-office holders to the quest for democratic consolidation in Nigeria. It traces the history of immunity for political office-holders to the 1963 Republican Constitution and examines the rationale or justification for its inclusion in Nigerian constitutions. On the strength of evidences from case studies from Nigeria’s Second (1979 to 1983) and Fourth Republic (1999 till present), the paper notes that, while the original intention for its inclusion in the Nigerian constitution was good, politicians have used the clause to the detriment of democracy. For this reason, the constitutional provisions on immunity have become a threat to the consolidation of Nigeria’s nascent democracy. Rather than throw away the baby with the birth-water, the paper recommends a review of the provisions to take cognizance of the need for transparency, accountability and good governance while ensuring that political chief executives are not unduly constrained in the performance of their constitutional duties. In this way, the paper concludes, the excesses of elected political chief executives can be curbed while Nigerians can reasonably expect to reap more dividends of democracy now and in the future. Introduction: The Concept of Immunity The concept of ‘immunity’ originated from a Latin word ‘immunitas’ which the ancient Romans used in describing the exemption of an individual from service or duty to the State (Silverstein, 1999:19). -
Petition for Admission to Practice Packet
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA IN RE: ____________________ PETITION FOR ADMISSION TO PRACTICE TO THE HONORABLE, THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA The petition of _________________________with respect represents that: I. Petitioner resides at _________________________________, in the City of ___________________, Parish of _________________, State of Louisiana. II. Petitioner’s office address is ____________________________, in the City of ___________________, Parish of _________________, State of Louisiana. III. Petitioner’s general education consists of elementary and secondary school education and ______________________________________________________ _______________________________________________. IV. Petitioner’s legal education consists of _____________________________ _______________________________________________. V. Petitioner was admitted to practice before the Supreme Court and all of the inferior courts of Louisiana on __________________. Other courts before which petitioner has been admitted to practice, together with the dates of admission are: _________________________________________________________________ _________________________________________________. VI. Petitioner is qualified to practice before this Court, is of good moral character, and is not subject to any pending disbarment or professional discipline procedure in any other court. (If the applicant has been convicted of a felony or has previously been subject to any disciplinary proceedings, full -
Supreme Court of the United States ______REGENTS of the UNIVERSITY of MINNESOTA, Petitioner, V
No. 19-337 IN THE Supreme Court of the United States ________________ REGENTS OF THE UNIVERSITY OF MINNESOTA, Petitioner, v. LSI CORPORATION, AVAGO TECHNOLOGIES U.S. INC., ERICSSON INC., TELEFONAKTIEBOLAGET LM ERICSSON, GILEAD SCIENCES, INC., Respondents. ________________ ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT ________________ BRIEF IN OPPOSITION ________________ Ned Hirschfeld Mark S. Davies ORRICK, HERRINGTON & Counsel of Record SUTCLIFFE LLP Thomas M. Bondy 51 West 52nd Street Monica L. Haymond New York, NY 10019 Peter E. Davis ORRICK, HERRINGTON & SUTCLIFFE LLP 1152 15th Street, NW Washington, DC 20005 (202) 339-8400 [email protected] Counsel for Respondents Ericsson Inc. & Telefonaktiebolaget LM Ericsson i QUESTION PRESENTED State sovereign immunity does not extend to a range of federal proceedings, including certain federal agency actions that materially differ from civil litiga- tion, matters brought by the United States, and in rem actions. See Fed. Mar. Comm’n v. S.C. Ports Auth., 535 U.S. 743, 759 (2002); Alden v. Maine, 527 U.S. 706, 730 (1999); Tenn. Student Assistance Corp. v. Hood, 541 U.S. 440, 446-47 (2004). In this case, the University of Minnesota sued Re- spondents for patent infringement. Respondents then petitioned for inter partes review (IPR), a unique ad- ministrative proceeding that permits the Patent Trial and Appeal Board to assert jurisdiction over an issued patent and reconsider its validity. Applying this Court’s precedents to the structure of the IPR process, the Federal Circuit ruled that state sovereign immun- ity did not apply. After the University filed its petition in this Court, a different panel of the Federal Circuit sub- stantially altered the Board’s structure in Arthrex, Inc.