Search for: ""Ex Parte Young" OR "209 U.S. 123"" Results 1 - 20 of 26
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7 Nov 2022, 3:34 am by Peter Mahler
Our federal courts by and large are not hospitable to business divorce litigation. [read post]
11 Jan 2022, 5:31 am by Michael C. Dorf
(5) Where does the doctrine of Ex Parte Young come from? [read post]
10 Jan 2022, 7:00 am by DONALD SCARINCI
In support, Justice Gorsuch noted that although the Supreme Court’s decision in Ex parte Young, 209 U.S. 123 (1908), recognized a narrow exception allowing an action to prevent state officials from enforcing state laws that are contrary to federal law, the traditional exception does not normally permit federal courts to issue injunctions against state-court judges or clerks. [read post]
8 Oct 2021, 2:00 pm by Josh Blackman
Third, a federal court cannot enjoin a state court "from proceeding in [its] own way to exercise jurisdiction," Ex parte Young, 209 U.S. 123, 163 (1908), let alone enjoin all of a State's courts from doing so. [read post]
10 Sep 2021, 5:16 pm by Josh Blackman
The defendant officials thus lack any "enforcement connection" to S.B. 8 and are not amenable to suit under Ex parte Young, 209 U.S. 123 (1908). [read post]
10 Sep 2020, 1:30 pm by Will Baude
§ 1983; Ex parte Young, 209 U.S. 123, 155-156 (1908) (holding that federal courts may enjoin state officials to conform their conduct to federal law). [read post]
13 Apr 2020, 9:47 am by Eric Goldman
  There are three possibilities: First, under the doctrine of Ex Parte Young, 209 U.S. 123 (1908), a copyright owner can still sue a state in federal court for a prospective injunction requiring state officials to cease a continuing violation of federal copyright law. [read post]
2 Dec 2019, 11:20 am by Eric Goldman
” The Court’s decision in Ex parte Young, 209 U.S. 123 (1908), provides a longstanding work-around for states’ 11th Amendment immunity. [read post]
20 Oct 2019, 6:58 pm by Patricia Salkin
Accordingly, the Ex parte Young, 209 U.S. 123 (1908) exception did not apply to Plaintiffs’ suit against the Circuit Court, and the court granted the Circuit Court’s Motion to dismiss the Complaint. [read post]
12 Jun 2019, 9:02 am by Eric Goldman
  First, under the doctrine of Ex Parte Young, 209 U.S. 123 (1908), Congress can authorize private suits for prospective injunctions requiring state officials to uphold federal copyright law. [read post]
22 Mar 2019, 12:24 pm by Samuel Bray
Ex parte Young, 209 U.S. 123 (1908). [read post]
29 Mar 2017, 6:48 am by Juan C. Antúnez
Pape, 365 U.S. 167, 180 (1961); see also Ex parte Young, 209 U.S. 123 (1908) (allowing injunctive relief against a state official for violations of federal law). [read post]
30 Sep 2014, 10:20 am by Matthew L.M. Fletcher
Here: Seminole Cert Petition Here is the question presented: This Court established in Ex parte Young, 209 U.S. 123 (1908), that a plaintiff may sue state officials for prospective injunctive relief against the enforcement of an unconstitutional state law. [read post]
30 Jun 2010, 9:43 pm by Steven M. Taber
” GE’s argument relied heavily on Ex Parte Young, 209 U.S. 123 (1908), and its progeny. [read post]
30 Jun 2010, 11:29 am by Steven M. Taber
” GE’s argument relied heavily on Ex Parte Young, 209 U.S. 123 (1908), and its progeny. [read post]
4 Jun 2010, 10:41 am by Andrew Frisch
Ex parte Young, 209 U.S. 123, 157, 28 S.Ct. 441, 52 L.Ed. 714 (1908); see also Virginia v. [read post]
15 Dec 2009, 7:34 am by Andrew Frisch
Plaintiffs argue that Eleventh Amendment immunity is inapplicable here based on the third exception, the doctrine of Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908). [read post]