Law Commons^™

An Eddy In The Colorado River Litigation, Robert H. Abrams

Journal Publications

No abstract provided.

Constitution Of Georgia Immunity From Suit: Provide For Partial Waiver, A. Teel

Georgia State University Law Review

The Resolution proposed an amendment to the Georgia Constitution which would have clarified the waiver of sovereign immunity when a state agency provided liability insurance coverage. Sovereign immunity would be waived by the purchase of insurance which covered the agency itself, but only for claims which were included in the coverage and only to the extent that any damages awarded would actually be paid by the insurer. The purchase of liability insurance covering state officers and employees would waive neither sovereign nor official immunity. The Resolution expressly stated that immunity of counties, municipalities and school districts would not be subject …

Alien Tort Claims, Sovereign Immunity And International Law In U.S. Courts, Frederic L. Kirgis

Scholarly Articles

None available.

Government Official Torts And The Takings Clause: Federalism And State Sovereign Immunity, Jack M. Beermann

Faculty Scholarship

In this article, I argue that state sovereign and official immunities, insofar as they bar recovery when private parties would be liable for similar conduct, are unconstitutional under the takings clause of the fifth amendment, as applied to the states under the fourteenth.²² A state's refusal to compensate plaintiffs for the tortious damage or destruction of property should be redressed by the federal courts in civil actions brought under § 1983.

Section I of this article provides background through a discussion of the Supreme Court's treatment of the problem of torts committed by government officials, primarily in procedural due …