You are here

Evolution and Expansion of Eleventh Amendment Immunity

Title: The Evolution and Expansion of Eleventh Amendment Immunity: Legal Implications for Public Institutions of Higher Education.
60 views
12 downloads
Name(s): Mooney, Krista Michele, author
Beckham, Joseph C., professor directing dissertation
Mondello, Michael J., outside committee member
Lick, Dale W., committee member
Schwartz, Robert A., committee member
Department of Educational Leadership and Policy Studies, degree granting department
Florida State University, degree granting institution
Type of Resource: text
Genre: Text
Issuance: monographic
Date Issued: 2005
Publisher: Florida State University
Place of Publication: Tallahassee, Florida
Physical Form: computer
online resource
Extent: 1 online resource
Language(s): English
Abstract/Description: The purpose of this study was to explore the evolution of Eleventh Amendment immunity and the resulting implications for public institutions of higher education. Despite the relatively simple language of the Amendment, its interpretation has not been clear, consistent, or textual. This area of law has enormous implications for entities and individuals within education, as each contraction or expansion of the scope of the immunity defense has a direct impact on public higher education. In most cases, state universities are considered "arms of the state," which affords them an extension of the state's immunity protection. The study explored the importance of this tenuous relationship. This study served to enhance understanding and advance knowledge in this constantly evolving area of federal jurisprudence, through an investigation of the evolution of Eleventh Amendment jurisprudence and the arm of the state doctrine. The primary basis for conducting this research was an historical-legal approach and reasoning by analogy. The first research question addressed the historic evolution of Eleventh Amendment immunity in federal courts. The second research question examined the development of the arm of the state doctrine, particularly as it related to public institutions of higher education. In each case, an overview of its evolutionary development was presented and related case law was thoroughly examined. The body of knowledge gathered through the research questions provided the basis for the conclusions of the study, which served to develop an understanding of legal implications in the relationship between Eleventh Amendment immunity and public institutions of higher education. The analysis and synthesis of reported case law indicated that Eleventh Amendment jurisprudence has undergone an evolutionary process through which it has become firmly ensconced as part of the higher education legal landscape. The interrelationship between public institutions of higher education and Eleventh Amendment immunity has implications for all individuals within higher education, and the recent behavior of the Supreme Court confirms that the defense of Eleventh Amendment immunity, as established within the arm of the state doctrine, is a viable and constant component of legal proceedings in higher education.
Identifier: FSU_migr_etd-2326 (IID)
Submitted Note: A Dissertation Submitted to the Department of Educational Leadership and Policy Studies in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy.
Degree Awarded: Fall Semester, 2005.
Date of Defense: October 7, 2005.
Keywords: Judicial Activism, Legal-Historical
Bibliography Note: Includes bibliographical references.
Advisory Committee: Joseph C. Beckham, Professor Directing Dissertation; Michael J. Mondello, Outside Committee Member; Dale W. Lick, Committee Member; Robert A. Schwartz, Committee Member.
Subject(s): Education
Persistent Link to This Record: http://purl.flvc.org/fsu/fd/FSU_migr_etd-2326
Owner Institution: FSU

Choose the citation style.
Mooney, K. M. (2005). The Evolution and Expansion of Eleventh Amendment Immunity: Legal Implications for Public Institutions of Higher Education. Retrieved from http://purl.flvc.org/fsu/fd/FSU_migr_etd-2326