Error in Eleventh Amendment Interpretation: Puerto Rico Aqueduct (and) Sewer Authority v. Metcalf (and) Eddy, Inc., An
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Authors
Wood, Robert A.
Issue Date
1994
Volume
27
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|When a state moves to dismiss a suit on Eleventh Amendment grounds and that motion is denied, can the state immediately appeal or must it await a final judgment? The answer to this question depends on whether the Eleventh Amendment to the United States Constitution is characterized as being jurisdictional in nature or a grant of sovereign immunity to the states.|If the Eleventh Amendment is characterized as granting broad sovereign immunity, which protects a state from the burdens of trial, the state can immediately appeal even though a final judgment has not been entered because of an exception to the final judgment rule, known as the collateral order doctrine. However, if the Eleventh Amendment is characterized as a bar to the federal courts' jurisdiction, then the state cannot immediately appeal and instead must await a final judgment on the merits...
Description
Citation
27 Creighton L. Rev. 477 (1993-1994)
Publisher
Creighton University School of Law