Search for: "Halderman v. Pennhurst State School and Hospital"
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25 Aug 2022, 8:17 am
Pennhurst State School & Hospital is a celebrated case. [read post]
28 Dec 2010, 5:36 am
The Governor Tim Pawlenty amicus brief (filed by CEI's Hans Bader and Sam Kazman) in the McCollum litigation does a better job, arguing that South Dakota and Pennhurst State School and Hospital v. [read post]
16 Mar 2021, 9:14 pm
Yet the "legitimacy of Congress' power to legislate under the spending power … rests on whether the State voluntarily and knowingly accepts the terms of the 'contract.'" Pennhurst State School and Hospital v. [read post]
7 Dec 2014, 9:01 pm
Since the Supreme Court has observed, first in the seminal case of Pennhurst State School & Hospital v. [read post]
15 Mar 2017, 6:30 am
” This point is key and hasn’t been highlighted enough in the meandering discussions floating around online on everything from Dole to Pennhurst State School & Hospital v. [read post]
19 Aug 2021, 10:34 pm
Under Pennhurst State School & Hospital v. [read post]
3 Mar 2020, 9:01 pm
But query whether in the federalism context, where other plain-statement rules such as that announced in 1991 in Gregory v Ashcroft (which requires Congress to clearly say in the text of a regulatory statute that the statute applies to state and local government entities before states can be required to obey) seem designed to make sure Congress has carefully considered state interests, Congress itself has to be the one to fix any vagueness problems in the terms of… [read post]
8 Sep 2015, 11:15 am
However, (1) whatever Davis thinks of the federal judge’s order, she has to comply with it or risk being jailed again, though she is of course free to continue appealing it; and (2) my tentative sense — given Pennhurst State School & Hospital v. [read post]
4 Sep 2015, 11:59 am
” Tagore v. [read post]
20 Oct 2006, 1:49 pm
Neighborhood Ass'n of the Back Bay, Inc. v. [read post]