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Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission-has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.

Government liability --- State governments --- States. --- Privileges and immunities. --- United States. --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Law and legislation --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- Subnational governments --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- United States --- States --- Privileges and immunities --- United States. Supreme Court --- State governments - United States - Privileges and immunities. --- 14th amendment. --- america. --- commerce clause. --- common law. --- court majority. --- discussion books. --- federal court. --- legal framework. --- legal history. --- legal studies. --- modern law. --- national legislation. --- nations power. --- nonfiction. --- political science. --- power of the court. --- retrospective. --- sovereign immunity. --- state protection. --- states autonomy. --- states immunity. --- supreme court decisions. --- supreme court doctrine. --- supreme court. --- textbooks. --- united states. --- us congress. --- us constitution. --- us courts.

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Immunities of foreign states --- Immuniteiten van vreemde staten --- Immunities of foreign sovereigns --- Immunities of foreign states--Law and legislation --- Immunité d'exécution --- Immunité de juridiction --- Immunité de l'État souverain --- Immunité souveraine (Droit international) --- Immunités d'État (Droit international) --- Immunités des Etats étrangers --- Immunités juridictionnelles des États --- Jurisdictional immunities of foreign states --- Sovereign immunity (International law) --- State immunities (International law) --- Rule of law --- Droit international --- Immunités des États étrangers

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Administrative law --- Tort and negligence --- Belgium --- Assurances --- Burgerlijk recht --- Droit civil --- Verzekeringen --- 35.077 <493> --- Government liability --- -Damages --- -Administrative acts --- -347.51 <493> --- 347.512.5 <493> --- 347.426 <493> --- schadevergoeding --- belgie --- 13.21 --- Acts, Administrative --- Administrative acts --- Administrative procedure --- Juristic acts --- Damages --- Injuries (Law) --- Measure of damages --- Accident law --- Compensation (Law) --- Obligations (Law) --- Personal injuries --- Set-off and counterclaim --- Torts --- Negligence --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Act of state --- Constitutional torts --- State action (Civil rights) --- Bestuurshandelingen. Administratieve besluitvormingsprocedure. Acten, arresten, besluiten, decreten, documenten, publicaties van overheidsinstellingen--België --- dedommagement --- belgique --- Wettelijke en contractuele aansprakelijkheid ; Overheid ; Ambtenaren --- Law and legislation --- 35.077 <493> Bestuurshandelingen. Administratieve besluitvormingsprocedure. Acten, arresten, besluiten, decreten, documenten, publicaties van overheidsinstellingen--België --- 347.51 <493>

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In recent decades, the liability of public authorities has been one of the main areas of development in and at the edges of tort law in Europe, with major reforms implemented or considered at a national level, and a steady stream of major court decisions. During the same period, ‘Member State liability’ has also been recognised in the law of the EU, and the interplay of principles of national and EU law – and additionally the ‘just satisfaction’ jurisprudence of the European Court of Human Rights – evidently warrants close attention. In this context, the aims of the present study are to contribute to the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions), to facilitate its enhancement where necessary or desirable, and to consider the possibilities for harmonisation in the area – specifically, through the extension and adaptation of the Principles of European Tort Law to cover public authority liability.

Administrative law --- Tort and negligence --- Administrative responsibility --- État --- Responsabilité --- Government liability --- Administrative responsibility. --- Government liability. --- Europe. --- EU countries. --- Responsabilité administrative --- Comparative law --- Droit comparé --- Torts --- Responsabilité civile --- Autriche --- Belgique --- République tchèque --- Danemark --- Royaume-Uni --- France --- Allemagne --- Etats-Unis --- Grèce --- Israël --- Italie --- Pays-Bas --- Norvège --- Pologne --- Portugal --- Afrique du Sud --- Espagne --- Suisse --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Act of state --- Constitutional torts --- State action (Civil rights) --- Personal liability of public employees --- Responsibility, Administrative --- Tort liability of public employees --- Law and legislation --- État --- Responsabilité

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Immuniteiten van vreemde staten --- Immunities of foreign sovereigns --- Immunities of foreign states--Law and legislation --- Immunité d'exécution --- Immunité de juridiction --- Immunité de l'État souverain --- Immunité souveraine (Droit international) --- Immunités d'État (Droit international) --- Immunités des Etats étrangers --- Immunités juridictionnelles des États --- Jurisdictional immunities of foreign states --- Sovereign immunity (International law) --- State immunities (International law) --- Responsabilité (Droit international) --- Immunities of foreign states --- Government liability (International law) --- International agencies --- Jurisdiction (International law) --- Fair trial --- Immunités des Etats étrangers --- Etat --- Organisations internationales --- Juridiction (Droit international) --- Procès équitable --- Privileges and immunities --- Privilèges et immunités --- EPUB-ALPHA-I EPUB-LIV-FT LIVDROIT STRADA-B --- E-books --- Juridiction (droit international) --- Immunités des états étrangers --- Procès équitable