[ Reply ]
From: Kevin D. Walsh
email: mailto:kevinwalsh@fairsharehousing.org
link: http://
date: 11/17/0 13:37
Date: 12/21/00
Time: 1:05:41 PM
Remote Name: 207.251.188.199
Hi. I'm new around here. I am an attorney in Southern New Jersey working on Mount Laurel cases with Peter O'Connor, a longtime housing advocate. I am delighted to be part of this list. Thanks for having it.
Right now, we're looking at how New Jersey is complying with Title VIII in siting its low-income housing developments and are considering filing suit. I want to be careful in figuring out where to file because of Eleventh Amendment concerns. I know that Congress abrogated the states' immunity from Title *VII* claims under the Eleventh Amendment, and I am certain there is a strong case to be made that states should not be immune from Title VIII claims. The legal reasoning would be that because the Thirteenth and Fourteenth Amendments, from which Title VIII was born, followed the Eleventh Amendment, it is *possible* for Congress to remove immunity for Title VIII claims. What I don't know is whether any case or scholar has specifically stated as much. Is there a case out there that I've missed that states that Congress has abrogated the states' sovereign immunity from suits brought under Title VIII?
Secondly, is there a place to download Title VIII briefs? I saw a reference to a "clearinghouse" . . . is that a website? Also, if any of you kind folks could email me old Title VIII briefs, I would be most grateful.
Thanks and Good luck- Kevin - kevinwalsh@fairsharehousing.org