Foreign Official Immunity After Samantar
In Samantar v. Yousuf, the U.S. Supreme Court unanimously held that the Foreign Sovereign Immunities Act (FSIA) does not govern the...
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- Jun 25, 2012
The “Common Law Regime” of Foreign Sovereign Immunity: The Actual Possession Rule in Adm
It has been a long-standing rule in admiralty that in order for a foreign sovereign to assert immunity in U.S. courts, the res that is...
- Jun 25, 2012
Samantar and Executive Power
This essay examines Samantar v. Yousuf in the context of broader debate about the relationship between federal common law and executive...
- Jun 25, 2012
Head of State Immunity as Sole Executive Lawmaking
At the request of the Executive Branch, courts routinely dismiss private suits against sitting heads of foreign states. Congress has ...
- Jun 25, 2012
State Immunity and Human Rights: Heads and Walls, Hearts and Minds
This Article suggests that arguments against the availability of state immunity as a bar to civil actions alleging internationally...
- Jun 25, 2012
The Political Economy of Jus Cogens
This Article examines the basis of an asserted jus cogens exception to sovereign immunity. It demonstrates that the vision of jus cogens...
- Jun 25, 2012
The International Law of State Immunity and Its Development by National Institutions
The proceedings between Germany and Italy currently pending before the International Court of Justice have revived interest in the legal...
- Jun 15, 2012
Abusing the Authority of the State: Denying Foreign Official Immunity for Egregious Human Rights Abu
Government officials accused of human rights abuses often claim that they are protected by state immunity because only the state can be...
- Jun 15, 2012
Changing the International Law of Sovereign Immunity Through National Decisions
The international law of sovereign immunity derives from state practice embodied in national judicial decisions and legislation. Although...
- Jun 15, 2012
Due Process Rights and the Targeted Killing of Suspected Terrorists: The Unconstitutional Scope of E
The Central Intelligence Agency (CIA), with the approval of the Obama Administration, conducts targeted killings of individual suspected...
- Jun 15, 2012
Life After Morrison: Extraterritoriality and RICO
For years, the federal courts of appeals have borrowed heavily from securities law jurisprudence in developing a framework for analyzing...
- Jun 15, 2012
Three Structural Changes for a New System of International Climate Change Mitigation Agreements Base
Past policy approaches to achieving international climate change mitigation have restricted the means for achieving mitigation to broad...
- Jun 15, 2012
Italian Judges’ Point of View on Foreign States’ Immunity
The Article gives an account of the most recent Italian practice as regarding foreign states’ immunity from the jurisdiction of the forum...
- Jun 15, 2012
Symposium Epilog: Foreign Sovereign Immunity at Home and Abroad
#ForeignSovereignImmunity #Symposium #Istanbul #Turkish #Pamuk
- Jun 15, 2012
The Origins and Limits of Originalism: A Comparative Study
In the debate about originalism in the United States, scholars have devoted scant attention to the question whether the United States...
- Jun 15, 2012
The Islamic Rule of Lenity: Judicial Discretion and Legal Canons
This Article explores an area of close parallel between legal doctrines in the contexts of Islamic law and American legal theory. In...
- Jun 13, 2012
Foreign Official Immunity After Samantar: A United States Government Perspective
#Samantar #Symposium #Yousuf
- Jun 13, 2012
Piercing the Veil of Secrecy: Securing Effective Exchange of Information to Remedy the Harmful Effec
The enforcement of tax laws abroad has long posed problems for authorities. However, that enforcement becomes increasingly more...
- Jun 13, 2012
To Break Free from Tyranny and Oppression: Proposing a Model for a Remedial Right to Secession in th
Too often states have invoked territorial integrity and nonintervention in defending abuses perpetrated against peoples within their...
- Jun 13, 2012
Signal and Affirm: How the United Nations Should Articulate the Right to Remedial Secession
In international law, the right of peoples to self-determination as applied to remedial secession is anything but clear. The...
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