Case Citator › Constantine v. Rectors and Visitors of George Mason University

Constantine v. Rectors and Visitors of George Mason University

Is it still good law? What later courts have actually done to this case.

Declined by some courts
Court
Fourth Circuit
Citation
411 F.3d 474
Decided
Confirmed treatments
1
Flagged citations read
55 of 55
Citing cases (total)
55
Treatment dates
2005

Status

Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. Constantine v. Rectors and Visitors of George Mason University was declined in one decision listed below. All 55 flagged citations have been read.
More on how this was screened

A district court outside the Fourth Circuit refused to apply its Title II state immunity holding to a university access claim. Other opinions applied Constantine's rules on retaliation and sovereign immunity.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

55 later cases cite Constantine v. Rectors and Visitors of George Mason University; 55 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Constantine v. Rectors and Visitors of George Mason University?

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Treatments

Declined to follow

  • The court declined to follow Constantine's conclusion that Title II abrogates state immunity for claims involving access to higher education.

    Jordan Press v. State University of New York · E.D.N.Y. · filed

    The Court notes that the Fourth and Eleventh Circuits have extended Lane to cases involving access to education. See Constantine v. Rectors and Visitors of George Mason Univ., et al., 411 F.3d 474, 490 (4th Cir.2005); ... However, this Court is unwilling to expand the scope of Title II and encroach on the state’s immunity with respect to a non-fundamental right such as access to post-secondary education that is subject only to rational review.
    Read the full opinion on CourtListener →

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