2000•University of North Carolina School of Law Scholarship Repository (University of North Carolina Hospitals)Open access
State Immunity, Political Accountability, and Alden v. Maine
William P. Marshall, Jason S. Cowart
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Abstract
In Alden v. Maine,' the United States Supreme Court ruled that Congress could not subject nonconsenting states to private suits for money damages in state court.The case closely followed the Court's decision three years earlier in Seminole Tribe v. Florida, 2 which held that Congress could not subject nonconsenting states to private suits for money damages in federal court.The two cases together thus virtually immunize the states from private suits for damages based upon federal statutory law.
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