Sovereign Immunity: a Study of Higher Education Cases

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This study explored the legal parameters of sovereign immunity and its waivers for employees of public institutions of higher education in the state of Texas. This empirical study examined the decisions of the Texas Judiciary concerning public university litigation in the area of sovereign immunity, with a review of major state court decisions. Legal research methodology was used in this study. The data for this study included case study review of six cases decided by the Texas judiciary. Information about each of the cases and the important legal inferences from the cases was discussed. A review of the history of ... continued below

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iv, 112 pages

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Mancone, Nichole A. May 2015.

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  • Mancone, Nichole A.

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This study explored the legal parameters of sovereign immunity and its waivers for employees of public institutions of higher education in the state of Texas. This empirical study examined the decisions of the Texas Judiciary concerning public university litigation in the area of sovereign immunity, with a review of major state court decisions. Legal research methodology was used in this study. The data for this study included case study review of six cases decided by the Texas judiciary. Information about each of the cases and the important legal inferences from the cases was discussed. A review of the history of sovereign immunity and the current status of the application of the Texas Tort Claims Act was also included. Based on the review of the relevant case law and scholarly commentary, the study findings suggest that a) Texas courts recognize and apply the doctrine of sovereign immunity, unless the application of the doctrine is restricted by the Texas Tort Claims Act; b) the Texas Tort Claims Act establishes limited waivers to sovereign immunity applicable only under specified circumstances and subjects; c) Texas courts were consistent in applying the circumstances by which an institution or its actors waived sovereign immunity. Practice recommendations are included for education professionals at Texas state institutions of higher education.

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iv, 112 pages

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UNT Theses and Dissertations

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  • May 2015

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  • Feb. 9, 2016, 4:37 p.m.

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  • March 24, 2017, 12:55 p.m.

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Mancone, Nichole A. Sovereign Immunity: a Study of Higher Education Cases, dissertation, May 2015; Denton, Texas. (digital.library.unt.edu/ark:/67531/metadc801943/: accessed August 20, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; .