(redirected from suability)
Also found in: Dictionary.
See: actionable
Mentioned in ?
References in periodicals archive ?
[section] 1983, and officer suability under Ex parte Young as the cornerstones of modern public law litigation.
Instead, state suability depends (as we have seen) on exactly who is suing the state.
But, as far as online environment is concerned, SERVQUAL can not be used meaningfully, as online services possess some unique characteristics that offline services do not possess, which can affect the perception of service quality, such as connectivity issues, site suability and server issues etc.
Pfander, History and State Suability: An "Explanatory" Account of the Eleventh Amendment, 83 CORNELL L.
officer's suability turned on whether the action was for breach of
After an analysis of the words of the Constitution on the matter of state suability, Jay concluded that Chisholm "falls not only within the spirit, but the very words, of the Constitution" (p.
(92) Hans specifically stated, "the suability of a State without its consent is a thing unknown to the law." (93) Hans grafted onto the Eleventh Amendment a monolithic principal that bars all suits against a state because of the substantive principal of sovereign immunity.
It is plain, then, that a State may be sued, and hence it plainly follows, that suability and state sovereignty are not incompatible.
Veridiano II, (146) the Supreme Court said, "[T]he mere invocation of official character will not suffice to insulate him from suability and liability for an act imputed to him as a personal tort committed without or in excess of his authority." (147) Applying this criterion, the Supreme Court has denied immunity in a number of cases.
All of the constitutional opinions focus on the federal-state relationship, although they do so through different lenses: the commerce power, federal-question jurisdiction, state suability, the contract clause, state taxation.
suability, unless it is clearly shown; nor should a court enlarge its