Fee Shifting and Sovereign Immunity After Seminole Tribe

Authors

T. Haller Jackson IV, Tulane University School of Public Health and Tropical Medicine

Abstract

This Article asks two questions: (1) Is the constitutional availability of attorneys' fees from states limited by the constitutional availability of damages, and (2) what would be the effect of saying "yes"? Those simple and straightforward questions defy an easy answer. In Parts IV-VI of this Article, I attempt to work through several ways of thinking about those problems to arrive at an account of what the Court might do, what I believe it should do, and why struggling with this problem is a valuable exercise.

Recommended Citation

T. Haller Jackson IV, Fee Shifting and Sovereign Immunity After Seminole Tribe, 88 Neb. L. Rev. (2009)
Available at: https://digitalcommons.unl.edu/nlr/vol88/iss1/1