Sovereign Immunity and Nonstatutory Review of Federal Administrative Action: Some Conclusions from the Public-Lands Cases
Scalia, Antonin
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- 2021Klint L. Mowrer v. DOT D.C. Cir.
- 2020Green Valley Special Util Dist v. Donna Nelson, et 5th Cir.
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Abstract
The purpose of the present Article is not to propose yet another route toward logical reconciliation of the sovereign-immunity cases; but, on the contrary, to urge general acceptance of the fact that such reconciliation is, and will probably remain, unattainable; to explain why this is so; and to suggest why it is not so bad. This modest goal will be attempted through a detailed examination of two recent Supreme Court cases and their most pertinent antecedents.