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Constitutional Law Keyed to Chemerinsky
Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank and United States
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Respondent sued a Florida state agency for infringing its finance methodology, for which it had obtained patent protection. The Petitioner, Florida Prepaid Postsecondary Education Expense Board (Petitioner), alleges that it is protected from suit by state sovereign immunity. Petitioner argues that Congress cannot abrogate its immunity in the Patent Remedy Act, even acting through Section: 5 of the Fourteenth Amendment of the Constitution.
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