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	Sovereign immunity - Wex (Site not responding. Last check: 2007-10-26)
		Sovereign immunity is treated in two places in the US Constitution.
		Article III, Section 2 (http://www.law.cornell.edu/constitution/constitution.articleiii.html#section2) is applicable to questions involving the immunity of Federal officials from lawsuits (http://www.law.cornell.edu/anncon/html/art3frag42_user.html#art3_hd120), suits against the Federal government by a state and vice versa (http://www.law.cornell.edu/anncon/html/art3frag41_user.html#art3_hd119), and suits against the Federal government generally (http://www.law.cornell.edu/anncon/html/art3frag41_user.html#art3_hd119).
		The division of power between various possible sovereigns -- the state and Federal governments -- is dealt with by the Eleventh Amendment (http://www.law.cornell.edu/constitution/constitution.amendmentxi.html), which discusses suits between states, between states and the Federal government, and so-called diversity cases between citizens in different states.
	supct.law.cornell.edu /wex/index.php/Sovereign_immunity (227 words)

	Sovereign immunity - dKosopedia
		Sovereign immunity or crown immunity is a type of immunity that, in common law jurisdictions traces its origins from early English law.
		The doctrine of sovereign immunity is used in some republican democracies such as the United States and India, mostly those with roots in the English Common law.
		In constitutional parlance, the sovereign immunity of the United States is simply inferred by judicial fiat, while the sovereign immunity of individual states is drawn primarily from the Article III enunciation of the judicial power as modified by the 11th Amendment which is far more broad in impact than its language would imply.
	www.dkosopedia.com /index.php/Sovereign_immunity (741 words)

	Encyclopedia topic: Sovereign immunity (Site not responding. Last check: 2007-10-26)
		In many cases, the government has waived this immunity to allow for suits; in some cases, an individual, such as an attorney general (The position of the head of the Justice Department and the chief law enforcement officer of the United States), may technically appear as defendant on the government's behalf.
		However, it seems reasonable that governments may seek to be immune for prosecution or liability from government acts that are part and parcel of function of government which are created to benefit society as a whole and are thus outside the realm of private law (additional info and facts about private law).
		In these systems, governments, agents, or officials of the government may enjoy immunity for various acts, usually limited to acts that emanate from the function of government, and not those acts that would normally come within the ambit of the activities of private citizens such as contractual relations or liability for negligence.
	www.absoluteastronomy.com /encyclopedia/S/So/Sovereign_immunity.htm (530 words)

	Sovereign immunity blocks attack on Medicaid reimbursement claims for tobacco-related injuries - Lopes v. Commonwealth, ...
		The plaintiffs claim that sovereign immunity is not a defense because the Commonwealth recovered the monies in the tobacco litigation while acting in its capacity as subrogee of the plaintiffs' decedents, or, alternatively, that sovereign immunity does not apply to actions in contract or to claims raised in a contractual setting.
		Sovereign immunity bars a private action against a State in its own courts absent consent by the Legislature or abrogation of sovereignty by Congress acting under its Fourteenth Amendment powers.
		We conclude that sovereign immunity bars the plaintiffs' action, except to the extent they seek a declaratory judgment that they are entitled to raise the defense of setoff in a claim brought against them by the Commonwealth, pursuant to G. c.
	biotech.law.lsu.edu /cases/immunity/lopes.htm (3821 words)

	Sovereign Immunity Overview (Site not responding. Last check: 2007-10-26)
		Sovereign immunity does not invalidate a claim, it only makes the defendant immune from suit and the relief to which the immunity applies.
		Further, government actors, in their individual and official capacities, are not protected by sovereign immunity for intentional torts or for actions committed outside of the scope of their employment.
		"Sovereign immunity is a rule of social policy, which protects the state from burdensome interference with the performance of its governmental functions and preserves its control over state funds, property, and instrumentalities." City of
	www.robertslaw.org /sovimmunity.htm (538 words)

	The Importance of Tribal Sovereign Immunity - FCNL Issues
		The federal government claims sovereign immunity across a wide range of functions that it considers to be inherently "governmental." State governments also claim sovereign immunity.
		Sovereign immunity of tribes is particularly important because most tribes have limited resources which could be quickly depleted by unlimited litigation.
		If sovereign immunity is to be waived, it should be waived equally for all governmental entities in the U.S. Rather than undermine tribal sovereignty and dismantle tribal agencies that fail to meet the expectations of non-Indians, lawmakers should extend to tribal courts the same principle of reform applied to state and local agencies.
	www.fcnl.org /issues/item.php?item_id=551&issue_id=94 (776 words)

	sovereign immunity
		The decision abolishes sovereign immunity for tort liability; therefore, an injured person should be able to recover (i.e., be compensated) for injuries or damages caused by a state employee.
		Sovereign immunity contradicts the essence of tort law that liability follows negligence and that individuals and corporations are responsible for the negligence of their agents and employees acting in the course of their employment
		Although we abolish the State's sovereign immunity from tort liability, our decision should not be interpreted as imposing tort liability on the State for the exercise of discretionary acts in its official capacity, including legislative, judicial, quasi-legislative, and quasi-judicial functions.
	www.ndsu.nodak.edu /instruct/swandal/AGEC375f/Concepts/sovereignimmunity.htm (611 words)

	Immunity (Site not responding. Last check: 2007-10-26)
		Immunity is a legal exemption from penalty, duty, or liability and is a vestige of the long discredited notion of social supremacy.
		Sovereign immunity comes from the idea that a sovereign is superior to all others in authority and power.
		This amendment is an expression of sovereign immunity.
	home.earthlink.net /~elnunes/immunity.htm (1247 words)

	THE TORTURED TRAIL OF SOVEREIGN IMMUNITY IN MISSOURI
		Synopsis: Sovereign immunity law in Missouri has developed as a patchwork quilt of actions and reactions by the Supreme Court and the General Assembly.
		Indeed the study of the checkmate fashion in which the law of sovereign immunity has developed in Missouri is an intriguing separation of powers saga in itself.
		The initial question to ask in sovereign immunity analysis is whether the defendant asserting sovereign immunity is, in fact, an entity of the sovereign.
	www.mobar.org /journal/1998/julaug/burt.htm (2787 words)

	Sovereign Immunity Testimony
		The sovereign immunity of state governments from suit is specifically guaranteed under the Eleventh Amendment to the Constitution.
		This Eleventh Amendment sovereign immunity was reaffirmed in two recent Supreme Court cases to the detriment of Indian tribes trying to establish their federally guaranteed rights.
		Sovereign immunity is no anachronism, but is alive and well as a legal doctrine that protects the functions of government from litigation and damages claims.
	indian.senate.gov /1998hrgs/0311_ra.htm (3777 words)

	Grand Traverse Band Code, Title 6 - Sovereign Immunity (Site not responding. Last check: 2007-10-26)
		(a) The sovereign immunity of the Tribe shall continue except to the extent that it is expressly waived by this ordinance.
		The sovereign immunity of the Tribe, including sovereign immunity from suit in any state, federal, or tribal court, is hereby expressly reaffirmed unless such immunity is waived in accordance with 15 GTBC § 216.
		Waivers of sovereign immunity by resolution may not be general but must be specific and limited as to duration, grantee, transaction, property or funds of the Tribal entity subject to the waiver, court having jurisdiction and applicable law.
	www.narf.org /nill/Codes/gtcode/travcode6immunity.htm (4367 words)

	SOVEREIGN IMMUNITY
		Sovereign immunity is an ancient rule of the English common law that is derived from the idea that “the King can do no wrong.” In our country, this doctrine means that the government cannot be sued for damages due to negligence without its consent.
		Sovereign immunity does not bar actions against a municipality that is guilty of maintaining a nuisance.
		Sovereign immunity does not apply to actions against state or county governments (or their employees) for violation of a person’s civil rights.
	www.serious-injury-litigation.com /sovereign-immunity.htm (420 words)

	Sovereign Immunity (Site not responding. Last check: 2007-10-26)
		Sovereign immunity at the Federal level is particularly indefensible since "We the People," who ordained and established these United States and created the Federal "sovereign," did not see fit to cloak "our sovereign" with immunity for its actions.
		In dealing with the immunity of government and government officials, it must be recognized that we deal with three levels of government: federal, state and local.
		As such, they are not truly "sovereigns." Thus, the generally accepted rule is that political subdivisions of a state do not enjoy sovereign immunity and are only cloaked with immunity to the extent that the state sees fit to cloak them with immunity.
	touchngo.com /lglcntr/usdc/bnkrptcy/briefs/bnk21.htm (1279 words)

	Legal Definition of Sovereign Immunity
		Federal sovereign immunity is readily distinguishable from the states' immunity under the Eleventh Amendment and foreign governments' immunity under the Foreign Sovereign Immunities Act.
		Federal sovereign immunity is a defense to liability rather than a right to be free from trial.
		The Supreme Court has ruled that in a case involving the government's sovereign immunity the statute in question must be strictly construed in favor of the sovereign and may not be enlarged beyond the waiver its language expressly requires.
	www.lectlaw.com /def2/s103.htm (335 words)

	John E. Wolfgram: How the Judiciary Stole the Right to Petition
		Immunity "law" evolved from the Court attempting to navigate between that contradiction, on the one hand, and exposing that its immunity jurisprudence has rendered the Constitution all but unenforceable by the people against their government, on the other.
		Sovereign immunity is the judicial theft of the people's right to a civilized relationship between themselves, individually, and their government.
		Immunity for abuse of power puts such a degree of "absoluteness" into its use and abuse, that if judicial corruption is not the dominant characteristic of our judicial system, it is so rampant within it that the system cannot be trusted by anyone, at any time.
	www.constitution.org /abus/wolfgram/ptnright.htm (19079 words)

	[No title]
		Sovereign immunity is a fundamental aspect of sovereignty, which protects a government from suit to avoid undue intrusion on governmental functions or depletion of the government's treasury without legislative consent.
		Waivers of the sovereign immunity of the United States are strictly construed in favor of the sovereign.
		The ISDEAA instead of waiving tribal sovereign immunity provides that the Secretary of the Interior should assist Indian tribes in obtaining insurance and prohibits the insurers from raising tribal sovereign immunity as a defense to a covered claim.
	www.senate.gov /~scia/1998hrgs/0506_tl.htm (2224 words)

	immunity on Encyclopedia.com
		Waivers of state sovereign immunity and the ideology of the Eleventh Amendment.
		The individual as beneficiary of state immunity: problems of the attribution of ultra vires conduct.
		Overcoming immunity: the case of federal regulation of intellectual property.
	www.encyclopedia.com /html/i1/immunity.asp (628 words)

	U.S. Copyright Office: State Sovereign Immunity
		Rather, what is required for congressional abrogation of state sovereign immunity is that the federal statute be "unmistakably clear" that States are included in the defendant class.
		The reasoning behind this rule is that when a state official acts in violation of valid federal law, that official is by definition acting outside the scope of his official duties because a State clearly cannot lawfully authorize one of its employees to act in violation of valid federal law.
		Some have suggested tying waiver of immunity to federal spending on higher education, but this would be politically unpopular, and I would not support legislative action that would penalize our colleges and universities by withholding needed funds simply because state legislatures are unwilling to waive their sovereign immunity.
	www.copyright.gov /docs/regstat72700.html (8121 words)

	[No title]
		Accordingly, in considering tribal sovereign immunity, it is important to bear in mind the full significance of tribal court authority to tribal self-government.
		Sovereign immunity is a governmental immunity that prevents a court from entering orders against the government in the absence of a clear waiver.
		Tribal sovereign immunity is similar to the sovereign immunity of the United States or of individual states.
	indian.senate.gov /1998hrgs/0311_tl.htm (3045 words)

	ISIL -- Sovereign Immunity: Revoking The Government's License to Kill
		Sovereign Immunity is the legal doctrine that the sovereign or government and its agents cannot be legally prosecuted for harm done in the line of duty.
		Today, not only is sovereign immunity still the law of the land, it's been extended to virtually all government agents - from Child Protective Service caseworkers, to IRS agents, to local cops and judges.
		Sovereign immunity has become a license to rob, assault, and kill.
	www.isil.org /resources/lit/license-to-kill.html (1602 words)

	law.com - Sovereign Immunity Up for Grabs
		A fomenting split among the circuits on an issue of disability discrimination that raises sovereign immunity issues may give the high court the chance to revisit that question.
		The court held that the school did not agree to waive its sovereign immunity when it accepted federal higher-education funds, despite statutory language that the Supreme Court has said clearly indicated Congress' intent that waiver was part of the deal in taking federal money in Garcia v.
		The court said that based on the state of the law regarding sovereign immunity at the time New York accepted the federal funds, it was reasonable for the state to believe that Congress had already compelled it to submit to lawsuits under other laws, including the Americans With Disabilities Act (ADA).
	www.law.com /jsp/article.jsp?id=1066605419810 (1758 words)

	Litigation Professional Information Center: Bankruptcy Code's Abrogation of Tribes' Sovereign Immunity Is Sufficiently ...
		The Bankruptcy Code's abrogation of the sovereign immunity of "governmental units," while not expressly mentioning "Indian tribes," is sufficiently explicit to override tribal immunity from bankruptcy proceedings, the U.S. Court of Appeals for the Ninth Circuit held Feb. 10 in a case of first appellate impression (Krystal Energy Co. v.
		Martinez, 436 U.S. Section 106(a) states that "sovereign immunity is abrogated as to a governmental unit to the extent set forth in this section with respect to" a list of 60 enumerated sections of the Bankruptcy Code, including Sections 505 and 542.
		Instead, it "specifically abrogates the sovereign immunity of governmental units, a defined class that is largely made up of parties that could claim sovereign immunity.
	litigationcenter.bna.com /pic2/lit.nsf/id/BNAP-5WCS66?OpenDocument (918 words)

	Should the Sovereign Control the Purse
		Sovereign immunity is best understood as the power of a government to define the forum, procedure, and limits to be placed upon suits against itself.
		Unlike the sovereign immunity of the federal government, the scope of the sovereign immunity of each of the States varies significantly, depending upon each State's definition and waivers of its immunity in its constitution and statutes.
		This waiver of immunity is strictly limited to enforcement of the provisions of this Agreement and to any dispute that may arise under or in relation to this Agreement or operations performed under this Agreement between the parties.
	www.msaj.com /papers/doc0831.htm (11502 words)

	National Congress of American Indians: Sovereign Immunity
		Tribal governments exercise a form of governmental immunity that is comparable to the immunity of states, local governments and the federal government.
		Tribes provide for insurance and limited waivers of their sovereign immunity, taking responsibility for the actions of tribal employees.
		Proposals to force tribes into waivers of their sovereign immunity would put Indian tribal governments at risk.
	www.ncai.org /Sovereign_Immunity.32.0.html (327 words)

	Sovereign immunity
		In essence, sovereign immunity is immunity from lawsuits generated in judicial systems that have no jurisdiction over tribes because of their sovereign right to govern themselves.
		Its articles of incorporation included a provision stating their ability to "sue and be sued" without waiving the sovereign immunity of the whole tribe.
		Generally, tribes were acknowledged as having full sovereign immunity from state jurisdiction unless the tribes voluntarily relinquished their immunity.
	www.airpi.org /projects/sovimmun.html (803 words)

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