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re: CBS, Sporting News: Petrino will be fired
Posted on 4/6/12 at 4:35 pm to KillianRussell
Posted on 4/6/12 at 4:35 pm to KillianRussell
5. Constitutional law -- sovereign immunity -- suits against State forbidden. -- The Arkansas Constitution expressly forbids suits against the State, providing that "[t]he State of Arkansas shall never be made a defendant in any of her courts" [Ark. Const. art. 5, § 20].
6. Constitutional law -- sovereign immunity -- jurisdictional. -- Sovereign immunity is jurisdictional immunity from suit; jurisdiction must be determined entirely from the pleadings; where the pleadings show the action is one against the State, the trial court acquires no jurisdiction.
7. Constitutional law -- sovereign immunity -- can be waived. -- Unlike subject-matter jurisdiction, sovereign immunity can be waived.
8. Constitutional law -- sovereign immunity -- suit against state university barred. --A suit against a state university or its board of trustees is a suit against the State and is barred by the doctrine of sovereign immunity.
9. Constitutional law -- sovereign immunity -- barred appellee's action where finding in appellee's favor would necessarily subject State to financial liability. -- If a judgment for the plaintiff will operate to control the action of the State or subject it to liability, the suit is one against the State and is barred by the doctrine of sovereign immunity; the General Assembly has provided that UAMS's costs and expenses will be borne by the State of Arkansas [Ark. Code Ann. § 6-64-403 (Repl. 1996)]; where a finding for appellee against UAMS would necessarily subject the State of Arkansas to financial liability, sovereign immunity barred such an action unless it had been waived, and no argument of waiver was made below or to the supreme court.
10. Constitutional law -- sovereign immunity -- proper avenue for redress is to file claim with Arkansas Claims Commission. -- Appellee failed to follow the proper avenue for redress against State action, which is to file a claim with the Arkansas Claims Commission [Ark. Code Ann. § 19-10-204 (Supp. 2001)].
6. Constitutional law -- sovereign immunity -- jurisdictional. -- Sovereign immunity is jurisdictional immunity from suit; jurisdiction must be determined entirely from the pleadings; where the pleadings show the action is one against the State, the trial court acquires no jurisdiction.
7. Constitutional law -- sovereign immunity -- can be waived. -- Unlike subject-matter jurisdiction, sovereign immunity can be waived.
8. Constitutional law -- sovereign immunity -- suit against state university barred. --A suit against a state university or its board of trustees is a suit against the State and is barred by the doctrine of sovereign immunity.
9. Constitutional law -- sovereign immunity -- barred appellee's action where finding in appellee's favor would necessarily subject State to financial liability. -- If a judgment for the plaintiff will operate to control the action of the State or subject it to liability, the suit is one against the State and is barred by the doctrine of sovereign immunity; the General Assembly has provided that UAMS's costs and expenses will be borne by the State of Arkansas [Ark. Code Ann. § 6-64-403 (Repl. 1996)]; where a finding for appellee against UAMS would necessarily subject the State of Arkansas to financial liability, sovereign immunity barred such an action unless it had been waived, and no argument of waiver was made below or to the supreme court.
10. Constitutional law -- sovereign immunity -- proper avenue for redress is to file claim with Arkansas Claims Commission. -- Appellee failed to follow the proper avenue for redress against State action, which is to file a claim with the Arkansas Claims Commission [Ark. Code Ann. § 19-10-204 (Supp. 2001)].
Posted on 4/6/12 at 4:38 pm to dr smartass phd
quote:
dr smartass phd
there are ways around 11th amendment immunity brah. 1983, ex parte young exception blah blah blah. I'm not getting into it all. Of course, those types of suits are against a person in either their personal or official capacity but often times states have statutes where they will indemnify...
This post was edited on 4/6/12 at 5:19 pm
Posted on 4/6/12 at 4:39 pm to dr smartass phd
quote:
7. Constitutional law -- sovereign immunity -- can be waived. -- Unlike subject-matter jurisdiction, sovereign immunity can be waived.
Who wants to bet that Arkansas has a statute waiving immunity? First one to find it wins a Brianna Banks autographed 6 1/2 concrete dildo.
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