Eo nomine
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''Eo nomine'' is a
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
legal term meaning "by that name".


State Sovereignty

The
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
uses it in the context of sovereign immunity. In ''
Alden v. Maine ''Alden v. Maine'', 527 U.S. 706 (1999), was a decision by the Supreme Court of the United States about whether the United States Congress may use its Article I of the United States Constitution, Article I powers to abrogate a state's sovereign ...
'' Justice Souter, for the dissent, wrote that according to natural law a sovereign, like a state, could not be sued in its own
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
based on a right it created, "A state would be subject to a suit ''eo nomine'' in its own courts on a federal claim."


International Trade and the Harmonized Tariff Schedule Classification

"An ''eo nomine'' classification is usually a well-known name or term and includes all items in that class of articles, regardless of form, unless the language of a particular provision limits the scope so as to exclude certain items. For example, it was determined that, as an ''eo nomine'' designation, “radio receivers” as a class is not limited to entertainment broadcast receivers, but instead includes all forms of radio receivers. Parts are not generally included in an ''eo nomine'' classification unless the relevant HTSUS provision specifies that parts are included. Use does not generally factor into an ''eo nomine'' classification though it may be used to establish identity." Use of eo nomine is used extensively by the United States Court of International Trade. Interest ''eo nomine'' is often called "interest as interest" and cannot be pleaded for as damages in a plaintiff's claim.


References


External links


Alden v. Maine, 527 U.S. 706 (1999)
Latin legal terminology United States federal sovereign immunity case law {{latin-legal-phrase-stub