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.
Steven A. Sindell,
Sovereign Immunity - An Argument Con,
22 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol22/iss1/8