133-462: New York University ( MA ) Stephen Yagman (born December 19, 1944) is an American federal civil rights lawyer, who also handles criminal defense and habeas corpus matters. He has a reputation for being an exceptionally zealous advocate in cases regarding allegations of police brutality . He has argued hundreds of federal civil rights cases before a jury, and has been involved in over a hundred and fifty federal appeals and certiorari petitions before
266-595: A secular education . The university moved in 1833 and has maintained its main campus in Greenwich Village surrounding Washington Square Park . Since then, the university has added an engineering school in Brooklyn's MetroTech Center and graduate schools throughout Manhattan . NYU is one of the largest private universities in the United States by enrollment, with a total of 51,848 enrolled students in 2021. It
399-476: A "highly competent, dedicated lawyer who is a champion of unpopular causes". Yagman has tried over 200 federal civil rights actions to jury verdict and has argued over 150 federal appeals and certiorari petitions to the United States Supreme Court. Yagman was convicted of one count of tax evasion, one count of bankruptcy fraud, and 17 counts of money laundering, six of which later were dismissed by
532-474: A $ 2.5 billion campaign for funds to be spent especially on faculty and financial aid resources. Under Sexton's leadership, NYU also began its transformation into a global university, including the opening of a campus in Abu Dhabi in 2010. Mortgage loans issued to some administrators and faculty by the university were criticized following published reports of August 2013, detailing terms of the loans, including that
665-566: A $ 50 million gift from the Tisch family (after which one building and the art school are named) and a $ 60 million gift from six trustees called "The Partners Fund", aimed at hiring new faculty. On October 15, 2007, the university announced that the Silver family donated $ 50 million to the School of Social Work , which will be renamed as a result. This is the largest donation ever to a school of social work in
798-629: A 'bankruptcy' law could, consistent with the Bankruptcy Clause, properly impinge upon state sovereign immunity". By way of the Tucker Act , certain claims of monetary damages against the United States are exempt from sovereign immunity. These cases are heard by the United States Court of Federal Claims , or, for cases involving less than ten thousand dollars, a district court has concurrent jurisdiction . Examples of contracts where immunity
931-559: A 'slice of state power.'" Lake Country Estates, Inc. v. Tahoe Regional Planning Agency . Separately, sovereign immunity of a state from lawsuits in other states have been in question. The Supreme Court ruled in Nevada v. Hall (1977) that states are not constitutionally immune from being named in lawsuits filed in other states. In the intervening years, many states developed legislation that recognize sovereign immunity of other states; since 1979, there had only been 14 legal cases that did involve
1064-609: A 125,000 square feet (11,600 m ) healthcare facility in Brooklyn. Quickly following this announcement, NYU announced in 2017 that it would invest over $ 500 million in the coming years to renovate and expand its Brooklyn campus, including 370 Jay Street , which opened in December 2017. The NYU Langone Health medical center is situated near the East River waterfront at 550 First Avenue between East 30th and 34th Streets. The campus hosts
1197-474: A 25-year strategic development plan, scheduled to coincide with its bicentennial in 2031. Included in the "NYU 200" plans are increasing resident and academic space, hiring additional faculty, and involving the New York City community in a transparent planning process. Additionally, NYU hopes to make their buildings more environmentally friendly, which will be facilitated by an evaluation of all campus spaces. As
1330-534: A B.A. in American History, with co-majors in philosophy and political science. He later earned an M.A. in philosophy from New York University , where his graduate advisor and mentor was Professor Sidney Hook, and his master's dissertation was on the Fifth Amendment's self-incrimination clause. He attended Fordham University School of Law , receiving a J.D. in 1974, where he was on the dean's list and received
1463-643: A blanket waiver of sovereign immunity on the part of the federal government. In Federal tax refund cases filed by taxpayers (as opposed to third parties) against the United States, various courts have indicated that Federal sovereign immunity is waived under subsection (a)(1) of 28 U.S.C. § 1346 in conjunction with Internal Revenue Code section 7422 ( 26 U.S.C. § 7422 ), or under section 7422 in conjunction with subsection (a) of Internal Revenue Code section 6532 ( 26 U.S.C. § 6532 ). Further, in United States v. Williams ,
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#17332720206141596-421: A claimant uses this exception, the state cannot be included in the suit; instead, the name of the individual defendant is listed. The claimant cannot seek damages from the state, because the claimant cannot list the state as a party. The claimant can seek prospective, or future, relief by asking the court to direct the future behavior of the official. For example, Ex parte Young allows federal courts to enjoin
1729-527: A court that specializes in hearing claims against the state government. Such laws often cap the total amount of recoverable damages and prohibit awards of certain types of damages such as punitive damages. They also authorize affirmative defenses like discretionary immunity. In the 1961 Muskopf v. Corning Hospital District decision, the California Supreme Court decided that "total governmental immunity […] does not exist" and would no longer protect
1862-499: A decision from the U.S. Court of Appeals for the Ninth Circuit declaring that federal law enforcement agents did not enjoy sovereign immunity and could be prosecuted criminally for state law homicide. Idaho v. Horiuchi , 253 F.3d 359 (9th Cir. 2001) ( en banc ). In County of Los Angeles v. U.S. Dist. Ct. ( Forsyth v. Block ), 223 F.3d 990 (9th Cir. 2000), federal Ninth Circuit Chief Judge Alex Kozinski noted that Yagman "has
1995-569: A federal employee causes damage, and the Tucker Act , which waives the immunity over claims arising out of contracts to which the federal government is a party. The Federal Tort Claims Act and the Tucker Act are not the broad waivers of sovereign immunity they might appear to be, as there are a number of statutory exceptions and judicially fashioned limiting doctrines applicable to both. Title 28 U.S.C. § 1331 confers federal question jurisdiction on district courts, but this statute has been held not to be
2128-577: A formidable reputation as a plaintiff's advocate in police misconduct cases; defendants in such cases may find it advantageous to remove him as an opponent." Some of his most notorious cases involved the Los Angeles Police Department and the Los Angeles County Sheriff's Department. Yagman lodged complaints of judicial misconduct against U.S. District Judge Manuel Lawrence Real which, according to one commentator, "were at
2261-530: A noted artist who also pioneered the telegraph and created the Morse Code, served as the first chair of Painting and Sculpture. He and Daniel Huntington were early tenants of the Old University Building in the mid-19th century. (The university rented out studio space and residential apartments within the "academic" building.) As a result, they had notable interaction with the cultural and academic life of
2394-536: A part of this plan, NYU purchased 118 million kilowatt-hours of wind power during the 2006–2007 academic year – the largest purchase of wind power by any university in the country and any institution in New York City. For 2007, the university expanded its purchase of wind power to 132 million kilowatt-hours. As a result, the EPA ranked NYU as one of the greenest colleges in the country in its annual College & University Green Power Challenge. NYU consistently ranks as one of
2527-653: A pinwheel shape reminiscent of NYU Shanghai's logo, that are connected as one building above the fifth floor. The university hopes to move up to 4,000 undergraduate and graduate students into the new campus by 2022. Tisch School of the Arts, Asia was NYU's first branch campus abroad. The result of a partnership between Tisch School of the Arts and the Singapore Government, it offered Master of Fine Arts degrees in animation and digital arts, dramatic writing, film and international media producing. The campus opened in fall 2007 with
2660-545: A play, Guantanamo, Act IV (Beyond Baroque, 2004), and hundreds of newspaper columns. New York University New York University ( NYU ) is a private research university in New York City , United States . Chartered in 1831 by the New York State Legislature , NYU was founded in 1832 by Albert Gallatin as a non-denominational all-male institution near City Hall based on a curriculum focused on
2793-467: A principle that was inherited from English common law, and as a practical, logical inference (that the government cannot be compelled by the courts because it is the power of the government that creates the courts in the first place). The United States has waived sovereign immunity to a limited extent, mainly through the Federal Tort Claims Act , which waives the immunity if a tortious act of
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#17332720206142926-583: A principle which was demonstrated again in Brandon v. Holt . The federal government and nearly every state have passed tort claims acts allowing them to be sued for the negligence , but not intentional wrongs , of government employees. The common-law tort doctrine of respondeat superior makes employers generally responsible for the torts of their employees. In the absence of this waiver of sovereign immunity, injured parties would generally have been left without an effective remedy. See Brandon v. Holt . Under
3059-495: A private corporation than to a state government. County and municipal officials, when sued in their official capacity, can only be sued for prospective relief under federal law. Under state law, however, the court in Pennhurst noted that even without immunity, suits against municipal officials relate to an institution run and funded by the state, and any relief against county or municipal officials that has some significant effect on
3192-634: A related form of immunity— state immunity —that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States. The principle of sovereign immunity in US law was inherited from the English common law legal maxim rex non potest peccare , meaning "the king can do no wrong." In some situations, sovereign immunity may be waived by law. Sovereign immunity falls into two categories: Absolute immunity applies to acts that, if subject to challenge, would significantly affect
3325-529: A returning veteran under the Uniformed Services Employment and Re-employment Rights Act of 1994 , which was passed to ensure enlisted personnel would be able to return to their same job or one of similar pay and placement. Texas had argued that they could not be sued under a federal law due to state sovereign immunity, but the majority found that in matters related to the nation's defense, states had given up their sovereign immunity as part of joining
3458-455: A separate liberal arts college within a university, offering complete degree programs to students admitted directly to NYUAD. NYUAD recruits students from all over the world and describes itself as the "World's Honor College". The main campus for NYUAD is on Saadiyat Island and opened in 2014. Until then, the school operated from a campus located in downtown Abu Dhabi. In 2011, NYU announced plans to open another portal campus, NYU Shanghai, for
3591-520: A sovereign is immune from suit unless it unequivocally consents to being sued. The United States Supreme Court in Price v. United States observed: "It is an axiom of our jurisprudence. The government is not liable to suit unless it consents thereto, and its liability in suit cannot be extended beyond the plain language of the statute authorizing it." The principle was not mentioned in the original United States Constitution. The courts have recognized it both as
3724-460: A state being named as a litigant in a case heard in another state. The Supreme Court overturned Nevada in its 2019 decision of Franchise Tax Board of California v. Hyatt (Docket 17-1299) that states did enjoy constitutional sovereign immunity from lawsuits in other states. In Torres v. Texas Department of Public Safety (2022), the Court ruled 5–4 that Texas was not immune from a lawsuit filed by
3857-453: A state official who used his or her position to act illegally to be sued in his or her individual capacity. However, the government itself is still immune from being sued through respondeat superior . The courts have called this "stripping doctrine" a legal fiction . Therefore, a claimant may sue an official under this "stripping doctrine" and get around any sovereign immunity that that official might have held with his or her position. When
3990-592: Is a fiction that has been narrowly construed"); Idaho v. Coeur d'Alene Tribe of Idaho (" Young rests on a fictional distinction between the official and the State"). The Young doctrine was narrowed by the court in Edelman v. Jordan , which held that relief under Young can only be for prospective, rather than retrospective, relief; the court reasoned that the Eleventh Amendment's protection of state sovereignty requires
4123-740: Is also on Washington Square South, and is the primary hub for student life at the university, providing event and meeting space for student organizations and other gatherings. Located closer to the eastern edge of the campus along Broadway are the main buildings for the Tisch School of the Arts and the Gallatin School of Individualized Study , as well as the main office for Liberal Studies and NYU's Bookstore and Student Health Center. Other nearby university buildings and complexes of note include 5 Washington Place, which houses NYU's distinguished Department of Philosophy , 7 East 12th Street, which serves as
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4256-609: Is contained in a single building, the Academic Center, a new 15-story building with two underground floors. On May 30, 2019, the groundbreaking ceremony was held for the new campus building in the Qiantan International Business Zone . The Qiantan campus building will also be located in Pudong, and is being designed and built by architectural firm Kohn Pedersen Fox (KPF) . The design features four buildings arranged in
4389-600: Is home to NYU's second medical school, the NYU Long Island School of Medicine. NYU's Silver School of Social Work (formerly Ehrenkranz School of Social Work) manages branch campus programs in Westchester County at Sarah Lawrence College and in Rockland County at St. Thomas Aquinas College . In Sterling Forest , near Tuxedo , NYU has a research facility that contains various institutes, in particular
4522-437: Is limited by this sovereignty, and that a State will therefore not be subject to suit in federal court unless it has consented to suit, either expressly or in the "plan of the convention." States may consent to suit, and therefore waive their Eleventh Amendment immunity by removing a case from state court to federal court. See Lapides v. Board of Regents of University System of Georgia . (Citations omitted). In Alden v. Maine ,
4655-789: Is located at MetroTech Center , an urban academic-industrial research park . It sits on top of the Jay Street–MetroTech station , is only a few blocks from the Brooklyn Bridge, and is connected to NYU's Manhattan campus via the NYU Shuttle Bus System. It houses the Tandon School of Engineering, the Center for Urban Science and Progress and also several of Tisch School of the Arts and Steinhardt School of Culture, Education, and Human Development's degree programs. MetroTech Commons,
4788-801: Is one of the most applied-to schools in the country and admissions are considered selective. NYU's main campus in New York City is organized into ten undergraduate schools, including the College of Arts & Science , Gallatin School , Steinhardt School , Stern School of Business , Tandon School of Engineering , and Tisch School of the Arts . NYU's 15 graduate schools include the Grossman School of Medicine , School of Law , Wagner Graduate School of Public Service , School of Professional Studies , Silver School of Social Work , and Rory Meyers School of Nursing . The university's internal academic centers include
4921-455: Is one of the world's largest academic media centers, where students and researchers use more than 95,000 audio and video recordings per year. Bobst Library is also home to many special collections. The Fales Collection houses collections of English and American fiction in the United States, the unique Downtown Collection, documenting the New York literary avant-garde arts scene from the 1970s to
5054-421: Is waived include: If a plaintiff can demonstrate that the government's action was done in bad faith , the plaintiff can receive damages despite sovereign immunity. Typically if a party can demonstrate that the government intentionally acted wrongly with the sole purpose of causing damages, that party can recover for injury or economic losses. For example, if access lanes to a major bridge are closed for repair and
5187-1204: The Courant Institute of Mathematical Sciences , Center for Data Science , Center for Neural Science , Clive Davis Institute , Institute for the Study of the Ancient World , Institute of Fine Arts , and the NYU Langone Health System . NYU is a global university system with degree-granting portal campuses at NYU Abu Dhabi in United Arab Emirates and NYU Shanghai in China , and academic learning centers in Accra , Berlin , Buenos Aires , Florence , London , Los Angeles , Madrid , Paris , Prague , Sydney , Tel Aviv , and Washington, D.C. Past and present faculty and alumni include 39 Nobel Laureates, 8 Turing Award winners, 5 Fields Medalists, 31 MacArthur Fellows , 26 Pulitzer Prize winners, 3 heads of state , 5 U.S. governors , 12 U.S. senators , and 58 members of
5320-656: The Graduate School of Arts & Science , is one of the main academic buildings on the Washington Square campus. It is located on Washington Square East, between Washington Place and Waverly Place , and many individual departments of the two schools it houses are located in its vicinity. Meanwhile, Vanderbilt Hall, the main building for the School of Law , is located near the southwest corner of Washington Square between Macdougal Street and Sullivan Street on Washington Square South . The Kimmel Center for University Life
5453-634: The Holland Tunnel , and 4 miles (6.4 km) from the Brooklyn Bridge . The Jeffrey S. Gould Plaza, located between Washington Square East and Mercer Street on West 4th Street, is surrounded by the buildings for some departments of the College of Arts and Science as well as the main buildings for the Stern School of Business and the Courant Institute of Mathematical Sciences . Other NYU buildings near
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5586-718: The NYU Grossman School of Medicine , Tisch Hospital, Kimmel Pavilion, Hassenfeld Children's Hospital, and the Rusk Institute of Rehabilitation Medicine . Other NYU and NYU-affiliated medical centers across the city include the NYU Langone Orthopedic Hospital, the NYU Langone Hospital – Brooklyn , and the Bellevue Hospital . In Mineola, Long Island, the NYU Langone Hospital – Long Island campus
5719-754: The New York City Legal Aid Society . Yagman was mentored by former N.Y. City Legal Aid Society director Martin Erdmann, attorney Charles Garry , house counsel to the Black Panther Party , and U.S. Attorney General Ramsey Clark . After graduating law school, he was appointed by New York State Attorney General Louis J. Lefkowitz to the office of the New York State Attorney General as a Special Assistant Attorney General, assigned as an Assistant Special Prosecutor for Nursing Homes, in
5852-535: The New York University Grossman School of Medicine announced it would be offering full-tuition scholarships to all current and future students in its MD program regardless of need or merit, making it the only top-10 medical school in the United States to do so. In Spring 2022, President Andrew D. Hamilton announced that the 2023 academic year would be his last, and that he would be returning to research. He will be succeeded by Linda G. Mills ,
5985-534: The Quartier Latin , where NYU Law also set up an EU Regulatory Policy Clinic in partnership with HEC Paris taught by Alberto Alemanno and Vincent Chauvet . In addition to the Global Academic Centers, NYU also maintains 10 Global Research Initiative Institutes, 9 of them are located in the academic centers at Berlin, Florence, London, Madrid, Paris, Prague, Shanghai, Tel Aviv, and Washington DC, with
6118-483: The School of Law , NYU's first professional school, was established. Although the impetus to found a new school was partly a reaction by evangelical Presbyterians to what they perceived as the Episcopalianism of Columbia College , NYU was created non-denominational , unlike many American colleges at the time. The American Chemical Society was founded in 1876 at NYU. Soon after its founding, it became one of
6251-552: The Supreme Court held that sovereigns are not immune under the Federal Arbitration Act . Since arbitration is a matter of contract between the parties, agreeing to participate in arbitration constitutes consent to be subject to the arbitrator's jurisdiction, thus constituting a voluntary waiver of immunity. Because the U.S. is a superior sovereign, it may need to bring suit against a state from time to time. According to
6384-522: The U.S. House of Representatives . Albert Gallatin , Secretary of the Treasury under Thomas Jefferson and James Madison , declared his intention to establish "in this immense and fast-growing city ... a system of rational and practical education fitting and graciously opened to all." A three-day-long "literary and scientific convention" held in City Hall in 1830 and attended by over 100 delegates debated
6517-579: The abrogation doctrine , while Congress cannot use its Article I powers to subject states to lawsuits in either federal courts, Seminole Tribe v. Florida , or a fortiori its own courts, Alden , supra, it can abrogate a state's sovereign immunity pursuant to the powers granted to it by §5 of the Fourteenth Amendment , and thus subject them to lawsuits. Seminole , supra; Fitzpatrick v. Bitzer . However: The Court has found that somewhat different rules may apply to Congressional efforts to subject
6650-466: The "Nassau College-Hofstra Memorial of New York University at Hempstead, Long Island." This extension would later become a fully independent Hofstra University . In 1950, NYU was elected to the Association of American Universities , a nonprofit organization of leading public and private research universities. Financial crisis gripped the New York City government in the late 1960s and early 1970s, and
6783-442: The 1930s, the abstract expressionists Jackson Pollock and Willem de Kooning , and the realists Edward Hopper and Thomas Hart Benton had studios around Washington Square. In the 1960s the area became one of the centers of the beat and folk generation, when Allen Ginsberg and Bob Dylan settled there. This led to tension with the university, which at the time was in the midst of an aggressive facilities expansion phase. In 1975,
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#17332720206146916-490: The 1990s, NYU became a "two square" university by building a second community around Union Square , in close proximity to Washington Square. NYU's Union Square community primarily consists of the priority residence halls of Carlyle Court, Palladium Residence Hall, Alumni Hall, Coral Tower, Thirteenth Street Hall, University Hall, Third North Residence Hall, and Founders Hall. On its Washington Square campus, NYU operates theaters and performance facilities that are often used by
7049-539: The 3.5-acre (14,000 m ) privately owned public space at the heart of the MetroTech complex, functions as a quad for students at the Brooklyn campus in much the same way that Washington Square Park does for students at the main campus, hosting events including concerts, health fairs, chess tournaments and holiday celebrations. Bounded by Lawrence and Duffield Streets, the square is frequently adorned by modern art exhibits. Two pieces called Alligator and Visionary are part of
7182-591: The Commons' permanent public art collection by the well-known sculptor Tom Otterness . The Brooklyn campus is home to NYU's Game Center Open Library, which is the largest collection of games held by any university in the world, as well as the NYU MakerSpace and Design Lab, which allows all NYU students who undergo training sessions to access advanced 3D printing , prototyping , CNC machining , and stress testing devices. In 2014, NYU Langone Medical Center acquired
7315-597: The Court explained that while it has sometimes referred to the States’ immunity from suit as "Eleventh Amendment immunity[,]" [that] phrase is [a] convenient shorthand but something of a misnomer, [because] the sovereign immunity of the States neither derives from nor is limited by the terms of the Eleventh Amendment. Rather, as the Constitution's structure, and its history, and the authoritative interpretations by this Court make clear,
7448-658: The Deutsches Haus, La Maison Française , Casa Italiana Zerilli Marimò , the Glucksman Ireland House to foster Irish studies , the King Juan Carlos I of Spain Center, the Hagop Kevorkian Center, an Africa House, and a China House. Most of these international houses are located on Washington Mews , a private street north of Washington Square Park. The closest New York City Subway stations servicing
7581-399: The Eisner-Lubin Auditorium (560 seats) in the Kimmel Center. Notably, the Skirball Center has hosted important speeches on foreign policy by John Kerry and Al Gore . The Skirball Center is the largest performing arts facility south of 42nd Street . NYU also has international houses meant to foster the study of particular cultures and languages on its Washington Square campus, including
7714-403: The Eleventh Amendment. In allowing suits against counties and municipalities, the court was unanimous, relying in part on its "general acquiescence" in such suits over the prior thirty years. William Fletcher, a professor of legal studies at Yale University, explains the different treatment on the ground that in the nineteenth century, a municipal corporation was viewed as more closely analogous to
7847-519: The Jurisprudence Award of the Guild of Catholic Lawyers. During graduate school and law school, he taught (English, remedial reading, social studies, economics, and Spanish) in the New York City public school system in Harlem and Bedford Stuyvesant , in Title I (lower socioeconomic) schools, from 1967-74. From 1967 until their divorce in 1994, he was married to Marion R. Yagman, with whom he practiced law for many years (1978-2021). Yagman's legal career began before he graduated, as an attorney-intern with
7980-422: The Manhattan office of the Special State Prosecutor for Nursing Homes. In 1986, Yagman successfully challenged a proposed nationwide suspension of federal jury trials due to budget shortfalls, in Armster v. U.S. Dist. Ct. , 792 F.2d 1423 (9th Cir. 1986). In a unanimous opinion in a related proceeding, Armster v. U.S. Dist. Ct , 817 F.2d 480 (9th Cir. 1987), Judge Stephen R. Reinhardt said, "Yagman's vigilance in
8113-449: The Nelson Institute of Environmental Medicine. The Midtown Center at 11 West 42nd Street is home to the NYU Schack Institute of Real Estate. The Woolworth Building in the financial district is home to some of NYU's professional studies and education programs. NYU has two units located on the Upper East Side . The Institute for the Study of the Ancient World , a discrete entity within NYU, independent of any other school or department of
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#17332720206148246-467: The States’ immunity from suit is a fundamental aspect of the sovereignty which the States enjoyed before the ratification of the Constitution, and which they retain today (either literally or by virtue of their admission into the Union upon an equal footing with the other States) except as altered by the plan of the Convention or certain constitutional Amendments. Writing for the court in Alden , Justice Anthony Kennedy argued that in view of this, and given
8379-424: The Supreme Court has strengthened state sovereign immunity considerably. In Blatchford v. Native Village of Noatak , the court explained that we have understood the Eleventh Amendment to stand not so much for what it says, but for the presupposition of our constitutional structure which it confirms: that the States entered the federal system with their sovereignty intact; that the judicial authority in Article III
8512-410: The Supreme Court held in Chisholm v. Georgia that Article III, § 2 of the United States Constitution, which granted diversity jurisdiction to the federal courts, allowed lawsuits "between a State and Citizens of another State" as the text reads. In 1795, the Eleventh Amendment was ratified in response to this ruling, removing federal judicial jurisdiction from lawsuits "prosecuted against one of
8645-627: The Supreme Court in Alden v. Maine means a constitutional prohibition of suits against states by its own citizens in state courts and federal courts. However, a "consequence of [the] Court's recognition of pre-ratification sovereignty as the source of immunity from suit is that only States and arms of the State possess immunity from suits authorized by federal law." Northern Ins. Co. of N. Y. v. Chatham County (emphases added). Thus, cities and municipalities lack sovereign immunity, Jinks v. Richland County , and counties are not generally considered to have sovereign immunity, even when they "exercise
8778-412: The Supreme Court, proper jurisdiction for a contract suit by the United States Federal Government against a state is in Federal District Court. Similar to the U.S. v. state exclusion above, a state may also sue another state in the federal court system. Again, there would be a conflict of interest if either state's court system tried the case. Instead, the federal court system provides a neutral forum for
8911-404: The Tisch School of the Arts as well as the university's music conservatory , which is within the Steinhardt School of Culture, Education, and Human Development . External productions are also occasionally held in NYU's facilities. The largest performance accommodations at NYU are the Skirball Center for Performing Arts (850 seats) at 566 LaGuardia Place, just south of Washington Square South, and
9044-505: The U.S. Supreme Court held that in a case where an individual paid a federal tax under protest to remove a federal tax lien on her property where the tax she paid had been assessed against a third party, the waiver of sovereign immunity found in 28 U.S.C. § 1346(a)(1) authorized her tax refund suit. Congress has also waived sovereign immunity for patent infringement claims under 28 U.S.C. § 1498(a) , but that statute balances this waiver with provisions that limit
9177-531: The U.S., and the Frederic Ewen Academic Freedom Center. Bobst Library made headlines in the early 2000s when Steven Stanzak , who is also known as "Bobst Boy", gained a following for living in Bobst Library after he was unable to pay for board at the university and began to write about his life on a self published blog. The story was reported by Washington Square News before becoming an overnight national sensation, which helped Stanzak receive financial assistance from NYU until graduation. NYU's Brooklyn campus
9310-400: The United States Supreme Court. Stephen Yagman was born in 1944 in the Brighton Beach section of Brooklyn, New York to working-class parents. His father was a dental mechanic and his mother was a secretary. Yagman attended Abraham Lincoln High School . After attending the State University of New York at Buffalo , he then graduated from Long Island University in Brooklyn. Yagman received
9443-467: The United States by Citizens of another State, or by Citizens or Subjects of any Foreign State". The validity and retroactivity of the Eleventh Amendment was affirmed in the 1798 case Hollingsworth v. Virginia . In Hans v. Louisiana , the Supreme Court of the United States held that the Eleventh Amendment re-affirms that states possess sovereign immunity and are therefore immune from being sued in federal court without their consent. In later cases,
9576-439: The United States. The 2007–2008 academic year was the most successful fundraising year to date for NYU, with the school raising $ 698 million in only the first 11 months of the year, representing a 70% increase in donations from the prior year. The university also recently announced plans for NYU's Call to Action, a new initiative to ask alumni and donors to support financial aid for students at NYU. The university has announced
9709-452: The University of Alabama v. Garrett seems to nullify this; however, numerous appellate court cases, such as Doe v. Nebraska in the 8th Circuit and Thomas v. University of Houston of the 5th Circuit have held that, as long as the state entity receives federal funding, then the sovereign immunity for discrimination cases is not abrogated, but voluntarily waived. Since the receiving of
9842-480: The Washington Square campus are Eighth Street–New York University and West Fourth Street–Washington Square . In addition, NYU runs its own shuttle service, University Transportation Services, linking the Washington Square campus to other university locations and major transit hubs. The nearest major highway is the West Side Highway ( NY 9A ) to the west. The campus is located less than 1 mile (1.6 km) from
9975-417: The academic year, Gould Plaza has become a popular meeting spot for NYU students and a performance area for street musicians and buskers . The Elmer Holmes Bobst Library, built between 1967 and 1972, is the largest library at NYU and one of the largest academic libraries in the United States. Designed by Philip Johnson and Richard Foster , the 12-story, 425,000-square-foot (39,500 m ) structure sits on
10108-430: The branding and design firm Chermayeff & Geismar . There are at least two versions of the possible origin of the university color, violet . Some believe that it may have been chosen because violets are said to have grown abundantly in Washington Square and around the buttresses of the Old University Building. Others argue that the color may have been adopted because the violet was the flower associated with Athens ,
10241-700: The campus would close after 2014 with recruitment and admission of new students suspended with immediate effect. In 2016, three former students of the now defunct Tisch Asia sued NYU. Sovereign immunity in the United States In United States law , the federal government as well as state and tribal governments generally enjoy sovereign immunity , also known as governmental immunity, from lawsuits. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort . The Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with
10374-613: The case. Under Article III, Section 2 of the United States Constitution, the Supreme Court of the United States has original jurisdiction over cases between states. Congress, if it so chooses, may grant lower federal courts concurrent jurisdiction over cases between states. However, Congress has not yet chosen to do so. Thus, the United States Supreme Court currently has original and exclusive jurisdiction over cases between state governments. The "stripping doctrine" permits
10507-461: The center of learning in ancient Greece . Washington Square and Greenwich Village have been hubs of cultural life in New York City since the early 19th century. Much of this culture has intersected with NYU at various points in its history. Artists of the Hudson River School , the United States' first prominent school of painters, settled around Washington Square. Samuel F.B. Morse ,
10640-517: The center of the controversy over the effectiveness of the federal judicial disciplinary system and exerted a uniquely powerful influence on subsequent attempts at reform." The United States Judicial Conference cited the Yagman disciplinary case in adopting its 2008 nationwide procedures for handling complaints of misconduct against federal judges. In his 2011 book, Lawyers on Trial , UCLA School of Law Professor of Law Emeritus Richard L. Abel rated Yagman as
10773-547: The common law nor a state statute can supersede a provision of the federal or state constitutions." After the federal government enacted the FTCA in 1946, most (but not all) states have enacted limited statutory waivers of sovereign immunity in the form of state claims acts or state tort claims acts. These laws allow plaintiffs to bring lawsuits against the state and/or its subordinate entities, but often impose various procedural prerequisites or require plaintiffs to pursue their claims in
10906-524: The early 2000s, becoming the largest private university in the United States with a combined undergraduate/graduate enrollment of over 59,000 students as of 2018 . The university logo, the upheld torch , is derived from the Statue of Liberty , signifying NYU's service to New York City. The torch is depicted on both the NYU seal and the more abstract NYU logo, designed in 1965 by renowned graphic designer Tom Geismar of
11039-527: The enforcement of unconstitutional state (or federal) statutes on the theory that "immunity does not extend to a person who acts for the state, but [who] acts unconstitutionally, because the state is powerless to authorize the person to act in violation of the Constitution." Althouse, Tapping the State Court Resource , 44 Vand. L. Rev. 953, 973 (1991). Pennhurst State School and Hospital v. Halderman (465 U.S.) ("the authority-stripping theory of Young
11172-857: The fall semester of 2013. It was set to have about 3,000 undergraduate students, the majority of whom would be Chinese . It was approved by the Ministry of Education of the People's Republic of China in January 2011. NYU's local partner would be East China Normal University (ECNU). ECNU's president Yu Lizhong would be the chancellor and play a major role in government relations while Jeffrey S. Lehman , former president of Cornell amongst other positions, would serve as vice chancellor and have "free rein in academic affairs". Since late summer of 2014, NYU Shanghai has been based in Pudong, Shanghai , at 1555 Century Ave. The main campus
11305-470: The federal funds was optional, then the waiver of sovereign immunity was optional. If a state entity wanted its sovereign immunity back, all they have to do in these circuits is stop receiving federal funding. However, the 2nd Circuit does not share this ideal. As of 2010, it is the only federal court of appeals to take this approach to the issue. In C & L Enterprises, Inc. v. Citizen Band, Potawatomi Indian Tribe of Oklahoma , 532 U.S. 411 (2001) ,
11438-543: The federal government abrogates that immunity. However, individual members of the tribe are not immune. Under certain circumstances, a tribal official acting in his or her official capacity, and within the scope of his or her statutory authority, may be cloaked with sovereign immunity. But if a tribal official's tortious acts exceed the scope of his or her authority, the official is subject to suit for those acts. See Cosentino vs. Fuller, Cal. Ct. App. (May 28, 2015). The Foreign Sovereign Immunities Act (FSIA) of 1976 establishes
11571-553: The first case in which it was declared that Guantanamo detainees were entitled to seek habeas corpus relief in United States courts . Gherebi v. Bush & Rumsfeld , 374 F.3d 727 (9th Cir. 2004). On November 12, 1997, Yagman was sworn in by U.S. District Judge Robert M. Takasugi as Special Prosecutor for the State of Idaho to prosecute FBI sniper Lon T. Horiuchi in the August 22, 1992 Ruby Ridge killing of Vicki Weaver. In 2001, Yagman won
11704-492: The heart of Greenwich Village. The Washington Square Arch is an unofficial symbol of NYU. Until 2007, NYU had held its commencement ceremonies in Washington Square Park, but because of renovations to Washington Square moved the 2008 ceremonies to the original Yankee Stadium and all subsequent ones to the current Yankee Stadium . The Silver Center for Arts and Science , home to the College of Arts & Science and
11837-776: The homeless people in the City of Los Angeles, the County of Los Angeles, the City of Santa Barbara, and the County of Santa Barbara, in five different putative class actions. In 2007, after Yagman's convictions, he was invited to co-teach and taught courses at UCLA Law School on law, morality, and social justice and on police brutality, with professor Frances Olsen. Yagman has written two national legal practice books, Section 1983 Federal Jury Practice and Instructions (West Publishing, 1998, ISBN 0-314-22826-8 ), and Police Misconduct and Civil Rights, Federal Jury Practice and Instructions (Thomson Reuters West, 2002, ISBN 0-314-10293-0 ),
11970-567: The intention to enroll approximately 250 students. Anticipated enrollment figures were not achieved, financial irregularities were alleged, and President Pari Sara Shirazi was dismissed from her post by NYU in November 2011. She subsequently announced her intention to commence legal proceedings against NYU alleging wrongful termination and defamation. In a letter to the Tisch Asia community dated November 8, 2012, Dean Mary Schmidt Campbell announced that
12103-494: The interpretation of this protection to extend to private companies doing work not as contractors, but in which the government participates even indirectly. Section 702 of the Administrative Procedures Act provides a broad waiver of sovereign immunity for actions taken by administrative agencies. It provides that persons suffering a legal wrong because of an agency action are entitled to judicial review. In 1793,
12236-409: The judge, on August 23, 2007. Yagman was convicted of "attempting to avoid payment of more than $ 100,000 in federal taxes", and he was sentenced to three years in federal prison. Yagman also failed to pay "significant amounts of federal payroll taxes" for his then-law firm, Yagman & Yagman, P.C. Although Yagman claimed he was singled out as retaliation, an appeals court upheld his conviction. Yagman
12369-436: The limitations as to whether a foreign sovereign nation (or its political subdivisions, agencies, or instrumentalities) may be sued in U.S. courts—federal or state. It also establishes specific procedures for service of process and attachment of property for proceedings against a Foreign State. The FSIA provides the exclusive basis and means to bring a lawsuit against a foreign sovereign in the United States. In international law,
12502-500: The limited nature of congressional power delegated by the original unamended Constitution, the court could not "conclude that the specific Article I powers delegated to Congress necessarily include, by virtue of the Necessary and Proper Clause or otherwise, the incidental authority to subject the States to private suits as a means of achieving objectives otherwise within the scope of the enumerated powers." Sovereign immunity as interpreted by
12635-655: The main building for the School of Professional Studies , the Brown Building , which was the location of the infamous Triangle Shirtwaist Factory Fire before its acquisition by NYU, as well as Washington Square Village and University Village , two housing complexes for faculty members and graduate students. Undergraduate residence halls in the immediate surroundings of Washington Square include Goddard Hall, Lipton Hall, and Weinstein Hall, while those that are slightly farther but still nearby include Brittany Hall and Rubin Hall. In
12768-462: The most noteworthy sites is the 57-acre (230,000 m ) campus of NYU Florence, located at Villa LaPietra in Italy. The estate was bequeathed by the late Sir Harold Acton to NYU in 1994, and at the time it was the largest donation to a university in history. In spring 2014, NYU Paris moved to a new campus, formerly occupied by the École Spéciale des Travaux Publics (ESTP Paris), in the student area of
12901-455: The nation's largest universities, with an enrollment of 9,300 in 1917. The university purchased a campus at University Heights in the Bronx because of overcrowding on the old campus. NYU also had a desire to follow New York City's development further uptown. NYU's move to the Bronx occurred in 1894, spearheaded by the efforts of Chancellor Henry Mitchell MacCracken . The University Heights campus
13034-437: The operation of government, such as would occur if a legislator could be sued for core legislative acts, and is also typically extended to statements made on the floor of the legislature. Similar protections apply to judges who are acting in a judicial capacity. In the United States , the federal government has sovereign immunity and may not be sued unless it has waived its immunity or consented to suit. The United States as
13167-543: The other being located in Athens. Meant to provide faculty and graduate students with NYU infrastructural support while conducting international research projects, those who are interested can apply for fellowships at all sites during the academic-year and a limited number of sites during the summer. Spearheaded by John Sexton , president of the university during 2002—2015; in Fall 2010, New York University Abu Dhabi (NYUAD) opened as
13300-765: The plaza include the Bonomi Family Admissions Center, the Jeffrey S. Gould Welcome Center, the Alumni Relations building, Goddard Hall, Frederick Loewe Theatre, and the main building for the Steinhardt School of Culture, Education, and Human Development, as well as unrelated religious institutions such as Judson Memorial Church , the Islamic Center at NYU, and Hebrew Union College - Jewish Institute of Religion . Because of its high student traffic during
13433-481: The police station. Many workers who were not local were then deported to their home countries. The university quickly responded to the reports with an apology to the workers. Though the campus construction costs were entirely funded by the Abu Dhabi government, as will be the operational costs and any future expansions, in 2015, NYU additionally compensated thousands of migrant workers on its Abu Dhabi complex. Unlike NYU's other study abroad centers, NYUAD functions as
13566-440: The present Tandon School of Engineering . After the sale of the Bronx campus, University College merged with Washington Square College. In the 1980s, under the leadership of President John Brademas , NYU launched a billion-dollar campaign that was led by Naomi B. Levine and was spent almost entirely on updating facilities. The campaign was set to complete in 15 years, but ended up being completed in 10. In 1991, L. Jay Oliva
13699-713: The present, and the Food and Cookery Collection, which documents American food history with a focus on New York City. Bobst Library also houses the Tamiment Library, which holds collections in labor history, socialism, anarchism, communism, and American radicalism for scholarly research. Tamiment includes the Robert F. Wagner Labor Archives, the Archives of Irish America, the Center for the Cold War and
13832-411: The prohibition against suing a foreign government is known as state immunity . Counties and municipalities are not entitled to sovereign immunity. In Lincoln County v. Luning , the court held that the Eleventh Amendment does not bar an individual's suit in federal court against a county for nonpayment of a debt. By contrast, a suit against a statewide agency is considered a suit against the state under
13965-462: The protection of his clients' constitutional rights served all citizens. His fortitude and tenacity in the service of his civil rights clients exemplifies the highest traditions of the bar." In January 2002, Yagman brought the first case seeking habeas corpus relief for Guantanamo Bay detainees, Coalition of Clergy, Lawyers & Professors v. George Walker Bush & Donald Rumsfeld, 310 F.3d 1153 (9th Cir. 2002). On December 18, 2003, Yagman won
14098-648: The rationale of an earlier bankruptcy decision, but relied more broadly on the nature of the bankruptcy power vested in Congress under Article I. "The question", he stated, "[was] not whether Congress could 'abrogate' state sovereign immunity in the Bankruptcy Act (as Congress had attempted to do); rather, because the history and justification of the Bankruptcy Clause, as well as legislation enacted immediately following ratification, demonstrate that [the Bankruptcy Clause]
14231-526: The remedies available to the patent holder. The government may not be enjoined from infringing a patent, and persons performing work for the government are immune both from liability and from injunction. Any recourse must be had only against the government in the United States Court of Federal Claims. In Advanced Software Design v. Federal Reserve Bank of St. Louis , the Federal Circuit expanded
14364-495: The school had issued some which approached zero percent interest rates, and some that were partially forgiven. Uniquely, among universities, the school had also issued multi-million-dollar loans for luxury vacation homes. President Sexton would step down at the end of his term in 2016, in the wake of a vote of no confidence in March 2013, closely followed by controversy over having received a vacation home loan from NYU. In August 2018,
14497-488: The south, Broadway to the east, 14th Street to the north, and Sixth Avenue (Avenue of the Americas) to the west. The core of NYU consists of buildings that surround Washington Square Park. In addition to its New York campus, NYU has 49 additional buildings overseas located throughout two 'portal' campuses and 12 Global Academic Centers. Since the late 1970s, the central part of NYU has been its Washington Square campus in
14630-482: The southern edge of Washington Square Park (at 70 Washington Square South) and is the flagship of an eight-library, 4.5 million-volume system. Bobst Library offers one Multidisciplinary Reference Center, a Research Commons, 28 miles (45 km) of open-stacks shelving, and approximately 2,000 seats for student study. The library is visited by more than 6,800 users each day, and circulates more than one million books annually. Bobst's Avery Fisher Center for Music and Media
14763-506: The state and other public entities from civil liability for their torts. The California Government Claims Act was enacted as a result. The federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to clarify the relationship between the federal, state, and tribal governments. Generally speaking, Native American tribes enjoy immunity from suit—in federal, state, or tribal courts—unless they consent to suit, or unless
14896-601: The state treasury must be considered a suit against the state, and barred under the doctrine of sovereign immunity. There are exceptions to the doctrine of sovereign immunity derived from the Eleventh Amendment: If the state or local government entities receive federal funding for whatever purpose, they cannot claim sovereign immunity if they are sued in federal court for discrimination. The United States Code , Title 42 , Section 2000d-7 explicitly says this. The 2001 Supreme Court decision of Board of Trustees of
15029-568: The state's coffers to be shielded from suit. Prospective relief includes injunctions and other equitable orders, but would rarely include damages . This limitation of the Young doctrine "focused attention on the need to abrogate sovereign immunity, which led to the decision two years later in Fitzpatrick ." Althouse, Vanguard States , supra, at 1791 n.216 The 42 U.S.C. § 1983 allows state officials to be sued in their individual or official capacities,
15162-461: The states to suit in the domain of federal bankruptcy law. In Central Virginia Community College v. Katz , the Court held that state sovereign immunity was not implicated by the exercise of in rem jurisdiction by bankruptcy courts in voiding a preferential transfer to a state. Justice Stevens, writing for a majority of five (including Justice O'Connor, in one of her last cases before retirement, and Justices Souter, Ginsburg, and Breyer), referred to
15295-412: The terms of a plan for a new university. These New Yorkers believed the city needed a university designed for young men who would be admitted based upon merit rather than birthright or social class. On April 18, 1831, the institution that would become NYU was established with the support of a group of prominent New York City residents from the city's merchants , bankers , and traders . Albert Gallatin
15428-566: The top fundraising institutions in the country, raising $ 506.4 million in 2015 and $ 648 million in 2016. NYU is also the 19th wealthiest university in America with $ 5.3 billion in cash and investments in fiscal year 2014. NYU's New York City campus includes more than 171 buildings spread between Manhattan and Brooklyn . Most of the school's buildings in Manhattan are located across a roughly 230-acre (93 ha) area bounded by Houston Street to
15561-624: The troubles spread to the city's institutions, including NYU. Feeling the pressures of imminent bankruptcy, NYU President James McNaughton Hester negotiated the sale of the University Heights campus to the City University of New York , which occurred in 1973. In 1973, the New York University School of Engineering and Science merged into Polytechnic Institute of Brooklyn , which eventually merged back into NYU in 2014, forming
15694-518: The union. State sovereign immunity does not extend to cases where a plaintiff alleges the state's action is in violation of the federal or state constitutions. In Department of Revenue v. Kuhnlein , the Florida Department of Revenue claimed that sovereign immunity prevented plaintiffs from bringing a case that alleged that a tax violated the Commerce Clause and, furthermore, that if the tax
15827-577: The university opened The Grey Art Gallery at 100 Washington Square East, housing the NYU art collection and featuring museum quality exhibitions. NYU has successfully completed a seven-year, $ 2.5 billion campaign, surpassing expectations by raising more than $ 3 billion over the seven-year period. Started in 2001, this campaign was the university's largest in its history, in which they planned to "raise $ 1 million per day for scholarships and financial aid, faculty building, new academic initiatives, and enhancing NYU's physical facilities." The campaign included
15960-470: The university were still frequently subjecting their workers to third-world labor conditions. The article documented that these conditions included confiscation of worker passports, forced overtime, recruitment fees and cockroach-filled dorms where workers had to sleep under beds. According to the article, workers who attempted to protest the NYU contractors' conditions were promptly arrested. Reports also claimed that those arrested by police were later abused at
16093-430: The university's first female president. From 2007 to 2018, NYU experienced a 114% increase in applications to its university system, increasing from around 35,000 applicants to more than 100,000 in 2020. This has also caused the acceptance rate to drop significantly, with a record-low acceptance rate of 8% in 2023 and 2024. In parallel to NYU's expansion in the early 1900s, the university similarly expanded vigorously in
16226-563: The university's first overseas "Portal Campus" with an inaugural class of 150 students. The campus faced controversy even before it opened. In 2009, the university responded to a series of interviews in The New York Times that showed a pattern of labor abuses at its fledgling Abu Dhabi location (which would open for classes the next year), creating a statement of labor values for Abu Dhabi campus workers. A 2014 follow-up article found that while some conditions had improved, contractors for
16359-612: The university, is located on East 84th Street, while the Institute of Fine Arts , a graduate school of art history and fine arts, is located at the James B. Duke House at 1 East 78th Street. Additionally, the nearby Stephen Chan House at 14 East 78th Street houses the Conservation Center of the Institute of Fine Arts, which boasts the oldest graduate degree-granting conservation program in
16492-521: The university. In the 1870s, sculptors Augustus Saint-Gaudens and Daniel Chester French lived and worked near the Square. By the 1920s, Washington Square Park was nationally recognized as a focal point for artistic and moral rebellion. As such, the Washington Square campus became more diverse and bustled with urban energy, contributing to academic change at NYU. Famed residents of this time include Eugene O'Neill , John Sloan , and Maurice Prendergast . In
16625-585: The world. NYU has a host of foreign facilities used for study away programs, referred to as Global Academic Centers. As of 2012 , NYU operates 12 academic sites in Africa, Asia and the Middle East, Australia, Europe, North America, and South America, including undergraduate academic-year and summer study away programs in Accra , Berlin , Buenos Aires , Florence , London , Los Angeles , Madrid , Paris , Prague , Sydney , Tel Aviv , and Washington, D.C. One of
16758-651: Was disbarred by the State Bar of California on December 22, 2010. Yagman served 29 months in federal prison and then worked as a paralegal and UCLA Law School lecturer for 11 years before, at age 76, passing the California bar exam again and winning decisions from both the California State Bar Court and the California Supreme Court (unanimous) that reinstated his license to practice law, in 2021. He also
16891-501: Was elected as its first president. On April 21, 1831, the new institution received its charter and was incorporated as the University of the City of New York by the New York State Legislature ; older documents often refer to it by that name. The university has been popularly known as New York University since its inception and was officially renamed New York University in 1896. In 1832, NYU held its first classes in rented rooms of four-story Clinton Hall, situated near City Hall. In 1835,
17024-493: Was erroneous". The Court then crystallized the current rule: when Congressional legislation regulates matters that implicate "a core aspect of the administration of bankrupt estates", sovereign immunity is no longer available to the States if the statute subjects them to private suits. The Court in Central Virginia Community College v. Katz added this caveat: "We do not mean to suggest that every law labeled
17157-453: Was far more spacious than its predecessor was. As a result, most of the university's operations, along with the undergraduate College of Arts and Science and School of Engineering, were housed there. NYU's administrative operations were moved to the new campus, but the graduate schools of the university remained at Washington Square. In 1914, Washington Square College was founded as the downtown undergraduate college of NYU. In 1935, NYU opened
17290-452: Was inaugurated the 14th president of the university. Following his inauguration, he moved to form the League of World Universities , an international organization consisting of rectors and presidents from urban universities across six continents. The league and its 47 representatives gather every two years to discuss global issues in education . In 2003, President John Sexton launched
17423-504: Was intended not just as a grant of legislative authority to Congress, but also to authorize limited subordination of state sovereign immunity in the bankruptcy arena." In reaching this conclusion, he acknowledged that the Court's decision in Seminole Tribe and succeeding cases had assumed that those holdings would apply to the Bankruptcy Clause, but stated that the Court was convinced by "[c]areful study and reflection" that "that assumption
17556-527: Was reinstated to the Bar of the U.S. District Court for the Central District of California by its chief judge, in 2021. He currently practices federal civil rights law and prosecutes cases for homeless clients, as well as for victims of police brutality, jail and prison abuses, and racial profiling. Yagman, now 79, has resumed taking cases against police and the government. As class counsel, Yagman represents all of
17689-425: Was unconstitutional, the refund request could not be given because it did not comply with state statutes for tax refunds. The Florida Supreme Court rejected those arguments, stating: "Sovereign immunity does not exempt the State from a challenge based on violation of the federal or state constitutions, because any other rule self-evidently would make constitutional law subservient to the State's will. Moreover, neither
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