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The Supreme Court on Governmental Liability

The Nature and Origins of Sovereign and Official Immunity

State University of New York-Albany

This article argues that recent criticism of the Supreme Court rulings on the immunity of administrative officials and units of government from suits ignores the important background of the immunity controversy. Recent decisions limiting some forms of immunity are not radical new departures. They are contemporary steps in a long-standing effort by the Court to deal with the need to ensure administrative responsibility, while maintaining a sensitivity to administrative problems. Any efforts to alter the law in this area must be informed by an understanding of the foundations of sovereign and official immunity, in light of the problem of administrative responsibility.

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