Sovereign Immunity

42 USC § 1983 Recent Case

Hunt v. Richmond Police Department

Vol. 139 No. 7 May 2026 Justice Gorsuch, writing for the majority in Whole Woman’s Health v. Jackson, made two bold immunity claims: that state court judges possess sovereign immunity...

Federal Tort Claims Act Leading Case

Martin v. United States

Vol. 139 No. 1 November 2025 On a spring night in 1973, armed invaders busted down the doors of two Collinsville, Illinois, families’ homes. The men shackled and pointed guns...

Federal Tort Claims Act Notes

Recovering the Lost Meaning of the Federal Tort Claims Act’s “Discretionary Function Exception”

Vol. 138 No. 2 December 2024 Since 1946, the Federal Tort Claims Act (FTCA) has waived the government’s sovereign immunity for damages claims brought against the United States for the...

Foreign Affairs Law Recent Case

O.I. European Group B.V. v. Bolivarian Republic of Venezuela

Third Circuit Rules Acts by Derecognized Government Dissolve Sovereign Instrumentality's Immunity

Vol. 137 No. 8 June 2024

Constitutional Interpretation Leading Case

Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc.

Vol. 137 No. 1 November 2023 Puerto Rico is in a state of crisis. The island bears a debt burden of more than seventy-two billion dollars, retains lasting damage from...

Sovereign Immunity Leading Case

Turkiye Halk Bankasi A.S. v. United States

Vol. 137 No. 1 November 2023 Under international law, the principle of foreign sovereign immunity is derived from the proposition that “one country cannot exercise jurisdiction over another without violating...

Federal Indian Law Recent Case

Silva v. Farrish

Second Circuit Confirms Exception to Sovereign Immunity for Tribal Claims Relating to Land and Fishing Rights.

Vol. 136 No. 7 May 2023

Eleventh Amendment Leading Case