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The "stripping doctrine" permits a state official who used his or her position to act illegally to be sued in his or her individual capacity. [citation needed] However, the government itself is still immune from being sued through respondeat superior. [citation needed] The courts have called this "stripping doctrine" a legal fiction.
The decision was the first to refuse to extend sovereign immunity to officers of the state acting as individuals, [3] a principle which would later become known as the "stripping doctrine". [80] The decision also revised the Supreme Court's "nominal party rule," first enunciated in Osborn and Davis. In those cases, the Court had salvaged ...
Ex parte Young, 209 U.S. 123 (1908), is a United States Supreme Court case that allows suits in federal courts for injunctions against officials acting on behalf of states of the union to proceed despite the State's sovereign immunity, when the State acted contrary to any federal law or contrary to the Constitution. [1]
In United States law, jurisdiction-stripping (also called court-stripping or curtailment-of-jurisdiction) is the limiting or reducing of a court's jurisdiction by Congress through its constitutional authority to determine the jurisdiction of federal courts and to exclude or remove federal cases from state courts.
As the United Kingdom does not have a written constitution and observes the doctrine of parliamentary supremacy, the courts there could not render an ouster clause ineffective due to inconsistency with a constitutional provision, but instead excluded its application in some cases under the common law doctrine of the rule of law. However, in ...
The Victorian Era was a time of the Industrial Revolution, with authors Charles Dickens and Charles Darwin, the railway and shipping booms, profound scientific discoveries, and the invention of ...
United States v. Klein, 80 U.S. (13 Wall.) 128 (1871), [1] was a landmark United States Supreme Court case stemming from the American Civil War (1861–1865) where Chief Justice Salmon P. Chase held that a Congressional statute "impairing the effect of a pardon, and thus infringing the constitutional power of the Executive" and was unconstitutional.
President Donald Trump’s vision of transforming the bombed-out Gaza Strip into a “Riviera of the Middle East” drew widespread condemnation after calling for the eviction of the nearly 2 ...