It is rare indeed when a contemporary legal concept can be traced to a single source. Yet it is clear that the trend toward abolition of sovereign immunity began with a three-part law review article by Professor Edwin Borchard back in 1924. His scathing denunciation of governmental immunity fell on deaf ears for some time. This is to understand why courts and legislatures throughout the country took so long to reach the conclusion of Muskopf v. Corning Hosp. Dist. My proposal is an active program of action to unite the academics of the law with the practical. It would bring together the prosecutors, the investigators and police officers, and defense counsel into educational programs beamed at law enforcement. It would start in the law school but would encompass training programs for those already engaged in the field.
The Many Problems of Sovereign Liability,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol3/iss1/4