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- catalog abstract "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. 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.".
- catalog contributor b12548493.
- catalog created "c2002.".
- catalog date "2002".
- catalog date "c2002.".
- catalog dateCopyrighted "c2002.".
- catalog description "Includes bibliographical references (p. 157-193) and index.".
- catalog description "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. 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.".
- catalog description "Prologue: A recurrent struggle is resumed -- The Battle of Boerne -- Superior beings -- Votaries -- The sovereign publisher and the last of the menu girls -- Perhaps inconsequential problems -- Gang rape at State U. -- Sovereign remedy.".
- catalog extent "ix, 203 p. ;".
- catalog hasFormat "Narrowing the nation's power.".
- catalog identifier "0520235746 (alk. paper)".
- catalog isFormatOf "Narrowing the nation's power.".
- catalog issued "2002".
- catalog issued "c2002.".
- catalog language "eng".
- catalog publisher "Berkeley : University of California Press,".
- catalog relation "Narrowing the nation's power.".
- catalog spatial "United States".
- catalog subject "342.73/088 21".
- catalog subject "Government liability United States States.".
- catalog subject "KF1322 .N66 2002".
- catalog subject "State governments United States Privileges and immunities.".
- catalog subject "United States. Supreme Court.".
- catalog tableOfContents "Prologue: A recurrent struggle is resumed -- The Battle of Boerne -- Superior beings -- Votaries -- The sovereign publisher and the last of the menu girls -- Perhaps inconsequential problems -- Gang rape at State U. -- Sovereign remedy.".
- catalog title "Narrowing the nation's power : the Supreme Court sides with the states / John T. Noonan, Jr.".
- catalog type "text".