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Cited "but see"
Burlington Motor Carriers Inc. v. Indiana Department of Revenue (In Re Burlington Motor Holdings Inc.)
But see Wisconsin Dept. of Corrections v. Schacht, 524 U.S. 381, 391-92 , 118 S.Ct. 2047, 2054 , 141 L.Ed.2d 364 (1998), wherein the Court noted that it has not decided whether “Eleventh Amendment immunity is a matter of subject matter jurisdiction.” 8 This seemingly irreconcilable statement, in light of the above cited cases, is explained somewhat by the statement in Calderon v. Ashmus, 523 U.S. 740, 745, n. 2 , 118 S.Ct. 1694 , 1697 n. 2, 140 L.Ed.2d 970 (1998), rehearing denied 524 U.S. 968 , 119 S.Ct. 5 , 141 L.Ed.2d 766 (1998), that “While the Eleventh Amendment is jurisdictional in…
discussed
Cited "see"
Pettro v. United States
Yee v. City of Escondido, Cal., 503 U.S. 519, 522-23 , 112 S.Ct. 1522 , 118 L.Ed.2d 153 (1992) (citations omitted); accord Abrahim-Youri v. United States, 139 F.3d 1462, 1465 (Fed.Cir.1997) (physical takings are “based on an outright governmental seizure or occupation of private property,” while regulatory takings are “based on a regulatory imposition that constrains an owner’s continuing use of property”), cert. denied, 524 U.S. 951 , 118 S.Ct. 2366 , 141 L.Ed.2d 735 , reh’g denied, 524 U.S. 970 , 119 S.Ct. 14 , 141 L.Ed.2d 775 (1998).
Retrieving the full opinion text from the archive…
In re Disbarment of Plato
No. D-1983.
Supreme Court of the United States.
Jul 28, 1998.
Published
Richard M. Plato, of Baytown, Tex., is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.