Jun 25, 2012Samantar and Executive PowerThis essay examines Samantar v. Yousuf in the context of broader debate about the relationship between federal common law and executive...
Jun 25, 2012Head of State Immunity as Sole Executive LawmakingAt the request of the Executive Branch, courts routinely dismiss private suits against sitting heads of foreign states. Congress has ...
Jun 25, 2012State Immunity and Human Rights: Heads and Walls, Hearts and MindsThis Article suggests that arguments against the availability of state immunity as a bar to civil actions alleging internationally...
Jun 25, 2012The Political Economy of Jus CogensThis Article examines the basis of an asserted jus cogens exception to sovereign immunity. It demonstrates that the vision of jus cogens...