University of Miami Law Review

Article Title

Sovereign Immunity


In discussing the current statute abrogating the doctrine of sovereign immunity, the authors trace the history of the immunity of the state from suit, focusing on the governmental/proprietary distinction and the question of duty as it relates to municipalities and counties. After examining how the courts have narrowly construed the current statute, the article identifies specific areas in which additional legislation is needed if there is to be an effective and corzplete waiver of immunity.