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Rabu, 07 Maret 2018

Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, 527 U.S. 627 (1999), was a decision by the Supreme Court of the United States relating to the doctrine of sovereign immunity.

Florida Prepaid was a companion case to the similarly named (but not to be confused) College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board, 527 U.S. 666 (1999). Where College Savings Bank was an action brought under the Lanham Act, Florida Prepaid was a concurrent action brought under the Patent and Plant Variety Protection Remedy Clarification Act. Although it was unnecessary to reach the question of whether Congress had validly abrogated Florida's sovereign immunity in College Savings Bank, the question was unavoidable in Florida Prepaid.

Findings




Due Process of Law - Quick Lessons - Episode # 4 - Due Process of Law is provided in the 5th and 14th Amendments of the U.S. Constitution. Understanding how Due Process works is fundamental to the protection of rights. Here you will learn the...

In a 5-4 decision authored by Chief Justice William Rehnquist, the court held that the Act's abrogation of States' sovereign immunity was invalid. Congress could only abrogate sovereign immunity pursuant to its powers under § 5 of the Fourteenth Amendment and not Article I (see Fitzpatrick v. Bitzer; Seminole Tribe v. Florida). Applying the § 5 test provided in City of Boerne v. Flores, the validity of the Act could not be sustained.

Implications


Home Row 1 Archives - Berkowitz Pollack Brant Advisors and ...
Home Row 1 Archives - Berkowitz Pollack Brant Advisors and .... Source : www.bpbcpa.com

The results of the case are cited repeatedly in subsequent patent cases, and criticized.

References


Mohawk Nation Exercises Sovereign Immunity in Inter Partes Review ...
Mohawk Nation Exercises Sovereign Immunity in Inter Partes Review .... Source : www.jdsupra.com

See also


THE NEXT FRONTIER IN EDUCATION â€
THE NEXT FRONTIER IN EDUCATION â€" Goldwater Institute. Source : goldwaterinstitute.org

  • List of United States Supreme Court cases, volume 527
  • List of United States Supreme Court cases
  • Lists of United States Supreme Court cases by volume



Financial Aid - Pensacola State College
Financial Aid - Pensacola State College. Source : www.pensacolastate.edu

 
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