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dc.contributor.authorChakeres, Aristede
dc.date.accessioned2008-08-12T15:57:47Z
dc.date.available2008-08-12T15:57:47Z
dc.date.issued2008
dc.identifier.urihttp://hdl.handle.net/1928/6839
dc.description39 p. ; This student paper has been awarded the 2008 Don G. McCormick Prize.en_US
dc.description.abstractIn this paper, I attempt to examine the extent to which the notion of popular sovereignty has affected America’s views on sovereign immunity. This paper does not attempt to settle the ongoing battles about whether the Constitution protects sovereign immunity, although those battles are examined in part because they have produced the most thorough critiques and defenses of sovereign immunity. I examine the debates surrounding the ratification of the U.S. Constitution and Chisholm v. Georgia because those events present insights into how the framers saw the issues of sovereignty and sovereign immunity. Since one framer, James Wilson, had unusually well-developed and pointed views on the topic, his views are examined in detail. I also examine the reasoning of late-20th century state judicial opinions abolishing common law sovereign immunity.en_US
dc.language.isoen_USen_US
dc.subjectPopular Sovereigntyen_US
dc.subjectSovereign Immunityen_US
dc.subjectU.S. Constitutionen_US
dc.subjectU.S. Supreme Court Decisionsen_US
dc.subjectCommon Lawen_US
dc.titleThe Tension Between Sovereign Immunity and Popular Sovereigntyen_US
dc.typeOtheren_US


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