Abstract
A conflict exists between current jurisprudence on congressional abrogation and the implementation of Ex parte Young. Ex parte Young may be used as a trump card in all situations involving the Eleventh Amendment, leaving the Eleventh Amendment hollow. Essentially, the Eleventh Amendment at this point only protects the rights of a geographical entity to not be sued; it does not protect a state's ability to function independently of congressional law.
Recommended Citation
Nelson, Julie Jensen
(2003)
"Ex Parte Young and Congressional Abrogation: Can the Two Peacefully Coexist?,"
Utah Law Review: Vol. 2003:
No.
3, Article 4.
Available at:
https://dc.law.utah.edu/ulr/vol2003/iss3/4
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