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Full-Text Articles in Law
Sovereign Immunity - An Argument Pro, Robert F. Howarth Jr.
Sovereign Immunity - An Argument Pro, Robert F. Howarth Jr.
Cleveland State Law Review
The Ohio Doctrine of Sovereign Immunity vis-a-vis the United States Constitution, fourteenth amendment, will hereinafter be considered. Before delving into the constitutional realities, however, the substance of this narrow discussion should be placed in perspective with the multifarious civil actions arising out of the Kent State tragedy, May 4, 1970.
Sovereign Immunity - An Argument Con, Steven A. Sindell
Sovereign Immunity - An Argument Con, Steven A. Sindell
Cleveland State Law Review
Under the concept of sovereign or governmental immunity, a state may not be sued in tort without its consent. This doctrine, though the subject of repeated judicial challenges, is adhered to in a significant number of jurisdictions. It is the contention of this article that the reason for the rule no longer exists and that it should, therefore, be abolished as a controlling legal principle. Moreover, it is submitted that sovereign immunity violates the due process and equal protection.