George Janini and other former professors and employees of Kuwait University (the plaintiffs) were terminated from their positions following Iraq’s invasion of Kuwait in August 1990. Following the invasion, the government of Kuwait issued a decree stating, among other things, that “contracts concluded between the Government and those non-Kuwaiti workers who worked for it shall be considered automatically abrogated because of the impossibility of enforcement due to the Iraqi invasion.” The plaintiffs sued Kuwait University in a U.S. court, alleging that their termination breached their employment contracts, which required nine months’ notice before termination. The plaintiffs sought back pay and other benefits to which they were entitled under their contracts. The university claimed that, as a government-operated institution, it was immune from the jurisdiction of U.S. courts under the doctrine of sovereign immunity. What exceptions are made to this doctrine? Will an exception apply to the university’s activities with respect to the plaintiffs? Discuss fully.

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The doctrine of sovereign immunity surrounds the concept that the sovereign or government is immune ... View the full answer