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8 Jul 2011, 1:44 am
In Mancuso v New York State Thruway Authority, 86 F.3d 289, the Second Circuit affirmed its six-factor inquiry for determining whether a state-created entity enjoys Eleventh Amendment immunity under the “arm of the state” doctrine: (1) how the entity is referred to in the documents that created it; (2) how its governing members are appointed; (3) how it is funded; (4) whether its function is… [read post]