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Unpublished Paper
Three-Dimensional Sovereign Immunity
ExpressO (2013)
  • Sarah L Brinton
Abstract

The Supreme Court has erred on sovereign immunity. The current federal immunity doctrine wrongly gives Congress the exclusive authority to waive immunity (“exclusive congressional waiver”), but the Constitution mandates that Congress share the waiver power with the Court. This Article develops the doctrine of a two-way shared waiver and then explores a third possibility: the sharing of the immunity waiver power among all three branches of government.

Keywords
  • sovereign immunity,
  • federal sovereign immunity,
  • separation of powers
Publication Date
March 4, 2013
Citation Information
Sarah L Brinton. "Three-Dimensional Sovereign Immunity" ExpressO (2013)
Available at: http://works.bepress.com/sarah_brinton/2/