(94) They have also tended to be higher-profile cases--for example, NFIB and Zivotofsky--rather than those where legislative novelty apparently did not matter--for example, when the Court invoked antinovelty rhetoric but held that the statute was constitutional (VOPA) or when the majority did not mention legislative novelty but the dissenters or the lower court did (Bank Markazi v.
The Court in VOPA acknowledged this when it held that an independent state agency vested with federal rights could sue other state officials for prospective injunctive relief.
"Enthusiasm: The Antiself of Enlightenment." Klein and La Vopa
La Vopa analyze the German use of Schwarmer as a smear word with similarities but a distinct difference from "enthusiast." The difference between "enthusiast" and Schwarmer is best exemplified by Martin Luther who distanced himself from Thomas Muentzer by calling him a Schwarmer.
Klein and La Vopa succeed in problematizing our understanding of the Enlightenment's use of the term "enthusiasm."
It then enacts a new [section] 51.5-13 that simply requires the VOPA Director, in consultation with its Board, to establish the agency as a nonprofit no later than December 31, 2013 and the Governor to designate it as such no later than January 1,2014.
Conversion of VOPA will arguably impact adversely employees of VOPA who will lose their state employee benefits.
In a 6-2 decision written by Justice Antonin Scalia, the United States Supreme Court held on April 19, 2011 that the Virginia Office for Protection and Advocacy ("VOPA"), an independent state agency, can sue on its own behalf the Virginia Department of Behavioral Health and Developmental Services ("DBHDS") under the Ex parte Young exception to the doctrine of sovereign immunity as embodied in the Eleventh Amendment to the United States Constitution.
In upholding the right of VOPA to sue, the Court reversed the decision of the Fourth Circuit Court of Appeals that decided such a suit would offend the sovereignty and dignity of the State.
* Advocacy organizations, including NAMI, VOCAL, the Mental Health America, and VOPA
, are taking steps to facilitate the use of advance directives by members of their organizations and the people they serve.
The first, House Bill 9, (1) abolishes the Department for the Rights of Virginians with Disabilities (DRVD) and replaces it with an independent agency, the Virginia Office of Protection and Advocacy (VOPA).
(4) It will become, effective upon completion of a required federal re-designation process (5) and once complete, the newly-created Virginia Office for Protection and Advocacy (VOPA) will replace the Department for Rights of Virginians with Disabilities (DRVD) as the agency designated to protect and advocate for the rights of persons with disabilities.