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Article: Ex parte Young. (sovereign immunity)
- Article from:
- Yakima Herald-Republic
- Article date:
- February 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 Stanford Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
I. EX PARTE YOUNG AND ITS FICTION
A. Ex Parte Young
B. The Ex Parte Young Legal Fiction
II. YOUNG AND SOVEREIGN IMMUNITY
A. Anti-Suit Injunctions and Sovereign Immunity
B. Anti-Suit Injunctions, Negative Relief and the Opinion in Young
III. YOUNG AS APPLIED DOCTRINE
IV. THE EX PARTE YOUNG CAUSE OF ACTION
A. Fiction, Paradox, and Anti-Suit Injunctions
B. The Cause of Action in the Court's Opinion
CONCLUSION
INTRODUCTION
Again; if the State is to be considered a party, it is a party
plaintiff. The State is the actor, and the Bank is a defendant. In
form it may not be so, but the substance ...