Evolution and Expansion of Eleventh Amendment Immunity

The purpose of this study was to explore the evolution of Eleventh Amendment immunity and the resulting implications for public institutions of higher education. Despite the relatively simple language of the Amendment, its interpretation has not been clear, consistent, or textual. This area of law has enormous implications for entities and individuals within education, as each contraction or expansion of the scope of the immunity defense has a direct impact on public higher education. In most cases, state universities are considered "arms of the state," which affords them an extension of the state's immunity protection. The study explored the importance of this tenuous relationship. This study served to enhance understanding and advance knowledge in this constantly evolving area of federal jurisprudence, through an investigation of the evolution of Eleventh Amendment jurisprudence and the arm of the state doctrine. The primary basis for conducting this research was an historical-legal approach and reasoning by analogy. The first research question addressed the historic evolution of Eleventh Amendment immunity in federal courts. The second research question examined the development of the arm of the state doctrine, particularly as it related to public institutions of higher education. In each case, an overview of its evolutionary development was presented and related case law was thoroughly examined. The body of knowledge gathered through the research questions provided the basis for the conclusions of the study, which served to develop an understanding of legal implications in the relationship between Eleventh Amendment immunity and public institutions of higher education. The analysis and synthesis of reported case law indicated that Eleventh Amendment jurisprudence has undergone an evolutionary process through which it has become firmly ensconced as part of the higher education legal landscape. The interrelationship between public institutions of higher education and Eleventh Amendment immunity has implications for all individuals within higher education, and the recent behavior of the Supreme Court confirms that the defense of Eleventh Amendment immunity, as established within the arm of the state doctrine, is a viable and constant component of legal proceedings in higher education.