By Marilyn E. Phelan, Kimberly Mayfield & Judge Jay M. Pat Phelan
This book represents a comprehensive coverage of the doctrine of sovereign immunity; one chapter provides a summary of the sovereign immunity laws in all US states.The book provides the reader with a knowledge and understanding of the sovereign immunity doctrine but also provides the reader with an awareness and understanding of the important legal problems and road blocks that confront attorneys who represent victims of improvident government actions. One chapter discusses the immunity of foreign States regarding claims filed against foreign governments in United States courts and when and how a claim can be brought successfully against a foreign State in a court in the United States for violations, among others, of international law. The book is an invaluable reference work for attorneys who may represent victims of governmental misconduct; attorneys should read this book in advance to filing a lawsuit against the government in any context.
* The views expressed in the book do not necessarily represent the views of HUD or the United States.
Marilyn E. Phelan, J.D., University of Texas; PhD, Texas Tech University, was the Paul Whitfield Horn Professor of Law at Texas Tech University, which is one of the highest honors Texas Tech University can bestow on its professors. Dr. Phelan is a member of the American Institute of Certified Public Accountants and was certified by the Texas Board of Legal Specialization as a Specialist in Tax Law. She is a life member of both the American Law Institute and the Uniform Law Commission.As a Texas Commissioner to the Uniform State Laws, she chaired the committee that drafted a new Uniform Unincorporated Nonprofit Association Act in 2008 and that included representatives from Canada and Mexico.
Kimberly Mayfield is an attorney for the United States Department of Housing and Urban Development in the Regional Office in Fort Worth, Texas, where she has represented the Department before Federal courts and administrative forums for over twenty-seven years. She also served as a Special Assistant United States Attorney for the Northern District of Texas for many years, primarily handling complex multifamily bankruptcy cases. Prior to working at the Department, Ms. Mayfield was a briefing attorney for the Texas Court of Appeals, Sixth District, Texarkana, Texas.
Judge J.M. (Pat) Phelan, J.D., South Texas College of Law Houston; BBA (Finance), Texas Tech University, is certified by the Texas Board of Legal Specialization as a specialist in criminal law. He was in private practice and served as a county attorney for several years prior to being appointed by the Texas governor as District Judge for the 286thJudicial District of Texas and then being elected to subsequent terms as District Judge. Prior to having served as District Judge, now in his twelfth year, Phelan was involved in extensive litigation, both in private practice and as country attorney; some cases involved sovereign immunity issues.