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Abstract

The Eleventh Amendment was ratified in response to Chisholm v. Georgia, which held that the language of Article III, § 2 makes a state amenable to suit in federal court by citizens of another state.' By its express terms, Eleventh Amendment immunity is only available to states being sued by citizens of other states.' Since its enactment some two centuries ago, the Amendment has been interpreted to extend to a state being sued by its own citizens and to agencies which constitute an arm-of-the- state. This note examines the Supreme Court's restatement of the test for immunity and its impact in future Eleventh Amendment cases.

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