2001 Supreme Court term

PAUL D. LAPIDES v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA, ET AL.

Dockets 01-298Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to David J. Bederman, according to David J. Bederman, when a State removes a case to federal court it waives the State’s forum immunity under the Eleventh Amendment.

According to Ms. Orland, according to Ms. Orland, the State’s removal does not amount to a waiver because there is no clear and unequivocal expression of waiver.

According to State, the Eleventh Amendment would be inapplicable if the State entered the case as a plaintiff.

Background and question before the Court

According to David J. Bederman, according to David J. Bederman, the State removed the case to federal court, invoking federal jurisdiction.

According to Justice, the Court asked whether the case should be returned to the Georgia state court.

What each side argues

Petitioner (Paul D. Lapides)

According to David J. Bederman, according to David J. Bederman, removal waives the State’s Eleventh Amendment forum immunity, permitting federal adjudication.

According to David J. Bederman, according to David J. Bederman, removal is a forum selection that waives the State’s Eleventh Amendment immunity.

Respondent (Board of Regents of the University System of Georgia)

According to Ms. Orland, according to Ms. Orland, removal does not amount to a waiver because there is no clear and unequivocal expression of waiver.

According to State, the Eleventh Amendment would be inapplicable if the State entered the case as a plaintiff.

What happened at oral argument

According to Chief Justice Rehnquist, chief Justice Rehnquist announced the hearing of No. 01‑298, Paul Lapides v. the Board of Regents of the University System of Georgia.

According to David J. Bederman, according to David J. Bederman, removal waives the State’s forum immunity under the Eleventh Amendment.

According to David J. Bederman, according to David J. Bederman, removal is a forum selection that waives the State’s Eleventh Amendment immunity.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 42aa2271bc03d1a49786-r1-5e267fcdce0e6b77.pdforal argument transcript

Guide generated September 19, 2026. Automated validation accepted this version.