Federal Practice Manual for Legal Aid Attorneys: 8.1.14 Administrative Proceedings
In the context of a dispute involving maritime law, the Supreme Court held that states enjoy sovereign immunity from federal adjudicative administrative hearings initiated and prosecuted by private parties, so that a federal agency may not adjudicate a dispute between a private party and a nonconsenting state.4044 This may affect federal whistle-blower statutes that provide for administrative hearings.4045 However, the bar of sovereign immunity in that situation can be overcome if the federa