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Modernizing Language In The California Government Claims Act To Enable Consistent Enforcement Of Statutory Sovereign Immunity, Thomas Langtry
Modernizing Language In The California Government Claims Act To Enable Consistent Enforcement Of Statutory Sovereign Immunity, Thomas Langtry
Golden Gate University Law Review
Ideally, sovereign immunity provisions should (1) protect public officials from undue interference with discharge of their duties and (2) hold accountable public officials who act unlawfully. Analytical frameworks and statutes at both the federal and state levels often fail to fulfill these objectives. Federal courts are guided by statutes and objectives that are indirectly relevant to state courts. As a result, states are left to address independently how to address clams of sovereign immunity when plaintiffs file suits alleging torts by public entities and employees. In California, when plaintiffs sue public employees or entities in civil court, the California Government …
A Qualified Defense: In Support Of The Doctrine Of Qualified Immunity In Excessive Force Cases, With Some Suggestions For Its Improvement, Michael M. Rosen
A Qualified Defense: In Support Of The Doctrine Of Qualified Immunity In Excessive Force Cases, With Some Suggestions For Its Improvement, Michael M. Rosen
Golden Gate University Law Review
This article addresses several criticisms of the qualified immunity doctrine and defends the doctrine, through an examination of the key cases and commentary on them, as a reasonably coherent and effective mechanism for sorting out worthy from unworthy litigation. This article also identifies some important shortcomings in the doctrine and outlines modifications that would improve its functioning, improvements that would quiet the chorus of criticism that several commentators have directed at the doctrine.