In eight federal circuits, a person’s right to sue a federal agency may be time-barred before it exists—an odd result made possible by the Wind River doctrine. This Note argues that the doctrine is wrong as a matter of interpretation, despite its widespread acceptance.
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Volume 103 / Issue 1
Sovereign Immunity and the Constitutional Text
103 Va. L. Rev. 1
103 Va. L. Rev. 31
Jettisoning “Jurisdictional”: Asserting the Substantive Nature of Supremacy Clause Immunity
103 Va. L. Rev. 107