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Academic Journals
- 260
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From:Vanderbilt Journal of Transnational Law (Vol. 44, Issue 4)ABSTRACT This Article examines the basis of an asserted jus cogens exception to sovereign immunity. It demonstrates that the vision of jus cogens one embraces depends on background assumptions about the present and...
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From:American Journal of International Law (Vol. 108, Issue 1) Peer-ReviewedSMITH V. MINISTRY OF DEFENCE, ELLIS V. MINISTRY OF DEFENCE & ALLBUTT V. MINISTRY OF DEFENCE. [2013] W.L.R. 239. Supreme Court of the United Kingdom, June 19, 2013. In a judgment rendered on June 19,2013, (1) the...
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From:International Law Update (Vol. 15, Issue 3) Peer-ReviewedSECOND CIRCUIT HOLDS THAT FORMER DIRECTOR OF ISRAELI SECURITY AGENCY IS IMMUNE FROM SUIT BROUGHT UNDER ATCA AND TVPA, FOR HIS OFFICIAL ACTIONS RELATED TO AERIAL BOMBING OF GAZA CITY APARTMENT COMPLEX, WHERE U.S....
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From:Georgetown Journal of International Law (Vol. 44, Issue 1) Peer-ReviewedIn the United States, public international organizations derive privileges and immunities from a variety of sources of law. In particular, the International Organizations Immunities Act of 1945 (IOIA) grants certain...
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From:International Law Update (Vol. 15, Issue 6) Peer-ReviewedIn actions against Iraq by U.S. citizens and their relatives for allegedly imprisoning and mistreating them during and after First Gulf War at time when foreign sovereign immunities Act (FSIA) contained exception to...
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From:International Law Update (Vol. 14, Issue 11) Peer-ReviewedINACTION BY ALLEGED VICTIMS OF TORTURE IN SOMALIA, FOURTH CIRCUIT HOLDS THAT FSIA DOES NOT IMMUNIZE FORMER GOVERNMENT OFFICIALS AND THUS INDIVIDUAL TORTURER IS NOT ENTITLED TO CLAIM SOVEREIGN IMMUNITY The Plaintiffs...
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From:International Law Update (Vol. 13, Issue 9) Peer-ReviewedKensington International Limited (Plaintiff) is a Cayman Islands corporation managed by Elliott International Capital Advisors, Inc., a U.S. corporation. Between 1996 and 2001, Plaintiff obtained the "right, title and...
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From:Duke Law Journal (Vol. 52, Issue 3) Peer-ReviewedINTRODUCTION The question of when a country's highest leaders may be haled before a foreign nation's civil or criminal courts to stand trial has long been a murky and unsettled area of law. (1) In the past year,...
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From:ABA Journal (Vol. 101, Issue 5)A U.S. Supreme Court decision on state regulation of teeth-whitening services has some bar groups frowning and advocates for alternative ways of providing legal services breaking into smiles. The ruling could expose...
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From:International Law Update (Vol. 22, Issue 1) Peer-ReviewedIn September 2011, Troy Rote was invited to Gary and Judith Buyer's house, in Sunbury, Ohio. One of Buyer's guests, Edward Grimm, brought a rifle as well as some ammunition. Grimm invited Buyer's guests to fire the...
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From:Case Western Reserve Law Review (Vol. 69, Issue 2) Peer-ReviewedINTRODUCTION For over twenty years, a Queens neighborhood was home to what was hailed as the "world's largest open-air aerosol museum." (1) Located on the walls of the 5Pointz complex, the collection of graffiti...
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From:Harvard Journal of Law & Public Policy (Vol. 34, Issue 2) Peer-ReviewedINTRODUCTION In 1974, in the wake of Watergate, Congress passed the Privacy Act (the Act). (1) Broadly, the purpose of the Act is to regulate the treatment of personal information by the federal government. While the...
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From:Stanford Law Review (Vol. 61, Issue 5) Peer-ReviewedINTRODUCTION The Eleventh Amendment states plainly: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by...
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From:Stanford Law Review (Vol. 58, Issue 2) Peer-ReviewedINTRODUCTION Once labeled the "highest-ranking Iraqi terrorist ever to defect to the West," (1) and still considered "one of the true heroes in the international battle against terrorism," (2) Adnan Awad risked his...
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From:Stanford Law Review (Vol. 73, Issue 5) Peer-ReviewedThe federal government is increasingly a commercial actor, providing retail services directly through its own agencies and indirectly through private-sector contractors. Government involvement with and in the private...
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From:Loyola Law Review (Vol. 63, Issue 2)I. INTRODUCTION Katrina, Rita, Gustav, and Isaac are not just names in Louisiana; they represent life-changing natural disasters. From these storms to the recent catastrophic flooding around Baton Rouge and south...
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From:Yale Law Journal (Vol. 113, Issue 8) Peer-ReviewedIn recent years, the Supreme Court has become stricter about enforcing precisely worded statutes as written. The Court recognizes that the legislative process frequently involves unrecorded compromises, and that...
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From:Denver Journal of International Law and Policy (Vol. 32, Issue 3) Peer-ReviewedIn Price v. Socialist People's Libyan Arab Jamahiriya, (1) a terrorism suit brought against Libya under the Foreign Sovereign Immunities Act (FSIA), the D.C. Circuit Court of Appeals became the first appellate court to...
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From:Melbourne University Law Review (Vol. 29, Issue 3) Peer-Reviewed[The increase in transnational litigation before Australian courts has also seen a rise in the number of cases involving foreign states. While a number of doctrines currently exist in Australian law that protect the...
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From:Harvard Law Review (Vol. 127, Issue 7)ANTITRUST LAW--STATE ACTION IMMUNITY--FOURTH CIRCUIT HOLDS THAT STATE'S DENTAL BOARD OF EXAMINERS MUST SHOW "ACTIVE SUPERVISION" BY STATE TO BE ENTITLED TO ANTITRUST IMMUNITY.-- North Carolina State Board of Dental...