North America

Morrison v. Nat’l Australia Bank Ltd.: The Supreme Court Rejects Extraterritoriality

Introduction

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Volume: 
14
Issue: 
22
Author: 
Paul B. Stephan
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Congress Continues to Attack Currency Manipulation as China Defuses G-20 Pressure For Now: the International Law Issues

Introduction

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Volume: 
14
Issue: 
19
Author: 
Claus D. Zimmermann
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Samantar v. Yousuf: Foreign Official Immunity Under Common Law

Introduction

The recent Supreme Court decision in Samantar v. Yousuf[1] definitively resolved one major question about the immunities of foreign government officials from civil suits in U.S. courts; at the same time, it left several others wide open. It thereby guaranteed that the source, scope, and certainty of such immunities will continue to be litigated energetically. This Insight explores some of the questions that will likely figure prominently in that litigation.

Topic: 
Volume: 
14
Issue: 
15
Author: 
David P. Stewart
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Organizations of Note: 

Who can be detained in the "War on Terror"? The Emerging Answer

Introduction

Topic: 
Volume: 
13
Issue: 
18
Author: 
Faiza Patel
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Wiwa v. Shell: The $15.5 Million Settlement

Introduction

Topic: 
Volume: 
13
Issue: 
14
Author: 
Ingrid Wuerth
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Foreign Officials and Sovereign Immunity in U.S. Courts

The Foreign Sovereign Immunities Act (FSIA) provides that foreign states shall be immune from the jurisdiction of U.S. courts unless the suit falls within a specified statutory exception to immunity. There is currently a conflict among the federal circuit courts over whether suits against individual foreign officials are covered by the FSIA. If such suits are not covered by the FSIA, additional questions are raised concerning a possible common law immunity for foreign officials. This Insight describes both the conflict and the additional questions.

Background

Topic: 
Volume: 
13
Issue: 
3
Author: 
Curtis A. Bradley
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Related Terms / Attribute Tags: 

The Torture Memos and Accountability

Introduction

Topic: 
Volume: 
13
Issue: 
6
Author: 
Allen S. Weiner
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Supreme Court Holds that Noncitizens Detained at Guantanamo Have a Constitutional Right to Habeas Corpus Review by Federal Civilian Courts

On June 12, 2008, the Supreme Court ruled against the U.S. government in cases brought by foreign nationals challenging their detention at the Guantanamo Bay, Cuba military facility.[1] A five-justice majority in Boumediene v. Bush held that the Military Commissions Act of 2006 (MCA)[2] violated the U.S.

Topic: 
Volume: 
12
Issue: 
13
Author: 
Andrew Kent
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