Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
A Roadmap For Foreign Official Immunity Cases In U.S. Courts, William S. Dodge, Chimène I. Keitner
A Roadmap For Foreign Official Immunity Cases In U.S. Courts, William S. Dodge, Chimène I. Keitner
Fordham Law Review
This Article provides a roadmap for cases involving foreign official immunity in U.S. courts. In 2010, the U.S. Supreme Court held in Samantar v. Yousuf that the Foreign Sovereign Immunities Act (FSIA) does not govern the immunity of foreign officials. Since Samantar, dozens of decisions have addressed questions of foreign official immunity. Yet, U.S. courts often seem lost. They frequently fail to engage with the customary international law rules of foreign official immunity, instead reaching back to an outdated provision of the 1965 Restatement (Second) of Foreign Relations Law. Courts are divided on how much deference to give …
Schrems's Slippery Slope: Strengthening Governance Mechanisms To Rehabilitate Eu-U.S. Cross-Border Data Transfers After Schrems Ii, Edward W. Mclaughlin
Schrems's Slippery Slope: Strengthening Governance Mechanisms To Rehabilitate Eu-U.S. Cross-Border Data Transfers After Schrems Ii, Edward W. Mclaughlin
Fordham Law Review
In July 2020, the Court of Justice of the European Union (CJEU) invalidated the Privacy Shield Framework, the central data governance mechanism that once governed cross-border data transfers from the European Union (EU) to the United States. For the second time in five years, Europe’s top court invalidated the primary method of cross-border data transfers. Both times the CJEU found that the United States’s surveillance laws were, and remain, overbroad and fail to provide EU citizens with protections that are essentially equivalent to those guaranteed under the EU’s General Data Protection Regulation (GDPR) in light of the Charter of Fundamental …