Legal Theory

Foreign Sovereign Immunities Act: Supreme Court Upholds New York City Action for Tax Liens against UN Missions

In its previous session, the U.S. Supreme Court held in Permanent Mission of India to the United States v.

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Volume: 
11
Issue: 
22
Author: 
Alexander K.A. Greenawalt
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The Seventh Circuit Again Finds Jurisdiction for Private Remedies for Violations of Article 36 of the Vienna Convention on Consular Relations

As a party to the Vienna Convention on Consular Relations (VCCR), the United States has an obligation to ensure that a detained national of another party to the treaty is informed of the right to contact his or her consulate and request consular assistance.[1] The notification requirement of Article 36 of the VCCR has been at the center of a series of U.S.

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Volume: 
11
Issue: 
14
Author: 
Chimène I. Keitner & Kenneth C. Randall
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U.S. Supreme Court Decides Forum Non Conveniens Case

On March 5, 2007, the U.S. Supreme Court announced its opinion in Sinochem International Co. Ltd. v. Malaysia International Shipping Corporation,[1] one of only a few Supreme Court decisions to deal squarely with the doctrine of forum non conveniens. The Court held that federal district courts need not establish jurisdiction prior to dismissing transnational litigation on the basis of forum non conveniens.

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Volume: 
11
Issue: 
10
Author: 
Christopher A. Whytock
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World Court finds Serbia Responsible for Breaches of Genocide Convention, but Not Liable for Committing Genocide

On February 26, 2007, the International Court of Justice issued its judgment in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro).[1] The case marked the first time that a country sued another country for breaches of the Convention on the Prevention and Punishment of the Crime of Genocide ("the Convention").

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Volume: 
11
Issue: 
9
Author: 
J. Morgan-Foster & Pierre-Olivier Savoie
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D.C. Circuit Upholds Constitutionality of Military Commissions Act Withdrawal of Federal Habeas Jurisdiction for Guantanamo Detainees

On February 20, 2007, a divided panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an important decision in long-running litigation brought by detainees held by the United States at the Guantanamo Bay, Cuba military facility.[1] Disposing of a score of consolidated appeals involving 63 foreign nationals, the two-judge majority in Boumediene v.

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Volume: 
11
Issue: 
8
Author: 
Andrew Kent
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Acts of Non-State Armed Groups and the Law Governing Armed Conflict

The recent conflict in Lebanon and Northern Israel, occurring between a state and a non-state armed opposition group on the territory of a state that has not itself taken up arms, raises distinct challenges for interpretation of international law related to armed conflict.

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Volume: 
10
Issue: 
21
Author: 
Jonathan Somer
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Status of Detainees in Non-International Armed Conflict, and their Protection in the Course of Criminal Proceedings: The Case of Hamdan v. Rumsfeld

I. Introduction

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Volume: 
10
Issue: 
17
Author: 
John P. Cerone
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The Supreme Court Decides a Consular Convention Case

On June 28, 2006, the U.S.

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Volume: 
10
Issue: 
16
Author: 
Frederic L. Kirgis
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The Danish Cartoon Row and the International Regulation of Expression

The Cartoons and Freedom of Expression

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Volume: 
10
Issue: 
2
Author: 
John Cerone
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