| |
| | SSRN-Formalism, Pragmatism, and the Conservative Critique of the Eleventh Amendment by Michael Solimine |
 | | Part III considers why the Rehnquist Court has seemingly decided so many cases raising Eleventh Amendment issues, and suggests that one of the reasons is the activism of state attorneys general in aggressively litigating the cases, as parties amici curiae, in the Supreme Court. |
 | | With regard to the latter, the essay revisits claims that gaping exceptions to the doctrine, taken together with the purported availability of state law remedies, considerably ameliorates the supposed negative effects of the doctrine on the enforcement of federal law. |
 | | Solimine, Michael E., "Formalism, Pragmatism, and the Conservative Critique of the Eleventh Amendment". |
| papers.ssrn.com /sol3/papers.cfm?abstract_id=460341 (435 words) |
|