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Constitutional mass torts: sovereign immunity and the Human Radiation Experiments

Article Abstract:

The US Supreme Court show act to provide victims of constitutional mass torts, such as individuals subject to the Human Radiation Experiments that began in 1944 and continued into the 1970s, with remedies against the US government as a whole. Sovereign immunity jurisprudence defined by Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics allows victims to sue only federal officials. Constitutional mass torts extend beyond the actions of individual officials and claim that government policies operated to deny constitutional protections. In the Human Radiation Experiments, due process, equal protection and the Eighth Amendment were violated.

Cases, Mass tort suits, Constitutional torts, Nuclear weapons testing victims

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Clothing state governmental entities with sovereign immunity: disarray in the Eleventh Amendment arm-of-the-state doctrine

Article Abstract:

The granting of sovereign immunity to government-chartered entities under the Eleventh Amendment arm-of-the-state doctrine has been handled by the Supreme Court on an ad-hoc basis without a coherent framework for analysis. The arm-of-the-state doctrine should be based on principles of federalism, and the approach used should be similar to that used under the antitrust state action doctrine. The two factors that should be considered are how the entity is characterized by state law and whether it is empowered by the state to generate its own revenue.

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Abrogating state sovereign immunity in legislative courts

Article Abstract:

The author discusses US Supreme Court decisions broadening the immunity of the states from citizen suits alleging violations of federal law. Topics include the evolution of state sovereign immunity doctrine, the power of Congress to regulate states as states and to regulate private parties through tribunals.

United States, States

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