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Novel Perspectives On Due Process Symposium: Do Foreign Nations Have Constitutional Rights?, Robert J. Pushaw Jr.
Novel Perspectives On Due Process Symposium: Do Foreign Nations Have Constitutional Rights?, Robert J. Pushaw Jr.
Fordham Law Review Online
Clarity would be promoted by treating Article III—which primarily concerns subject matter jurisdiction over three categories of “Cases” and six types of “Controversies”— separately from Due Process issues such as personal jurisdiction. Moreover, Article III’s text and history indicate that its drafters included “Controversies . . . between a State, or the Citizens thereof, and foreign States, Citizens or Subjects” to ensure that such disputes would be resolved impartially by federal judges who, unlike their state counterparts, enjoyed tenure and salary guarantees that insulated them from political pressure.
Novel Perspectives On Due Process Symposium: The Rights Of Foreign States In The Unites States Legal System, John Harrison
Novel Perspectives On Due Process Symposium: The Rights Of Foreign States In The Unites States Legal System, John Harrison
Fordham Law Review Online
Professor Wuerth’s article is a significant piece of scholarship. This brief comment is devoted, not to the article’s many strengths, but to its principal doctrinal conclusion, with which I disagree. In my view, the Due Process Clause of the Fifth Amendment allows Congress to provide any rules it chooses regarding service of process on and personal jurisdiction over foreign sovereigns. That is true, at least, insofar as the judgments of U.S. courts are to be enforced against foreign sovereign assets located in the United States. The rules about personal jurisdiction over foreign sovereigns in the Foreign Sovereign Immunities Act therefore …
Novel Perspectives On Due Process Symposium: Doctrinal Redundancy And The Two Paradoxes Of Personal Jurisdiction, Robin J. Effron
Novel Perspectives On Due Process Symposium: Doctrinal Redundancy And The Two Paradoxes Of Personal Jurisdiction, Robin J. Effron
Fordham Law Review Online
At several junctures, scholars have wondered what constitutional personal jurisdiction doctrine can and should add to procedural doctrines that regulate access to courts and parties’ amenability to suit in U.S. jurisdictions, and procedural doctrines that sort lawsuits into geographically suitable or appropriate locations. Professor Wuerth’s Article invites us to refocus on the question of what doctrines can and should regulate the amenability of foreign sovereigns (as well as the agencies and instrumentalities of foreign sovereigns) to suit in American courts.
Novel Perspectives On Due Process Symposium: A Commentary On Ingrid Wuerth's The Due Process And Other Constitutional Rights Of Foreign Nations, David P. Stewart
Novel Perspectives On Due Process Symposium: A Commentary On Ingrid Wuerth's The Due Process And Other Constitutional Rights Of Foreign Nations, David P. Stewart
Fordham Law Review Online
Are foreign States and governments (and their state-owned enterprises) “persons” for constitutional purposes? Do they—should they—have “due process” rights under the U.S. Constitution? Ingrid Wuerth’s thoughtful and thoroughly researched article addresses those important questions from both the historical and doctrinal perspectives and proposes an innovative approach to resolving the issues. The following commentary provides additional background and context, briefly tracing the origins and history of relevant U.S. case law and noting some of the practical implications of answering the questions affirmatively or negatively, particularly in light of the various exceptions to U.S. jurisdiction under the Foreign Sovereign Immunities Act. It …
Novel Perspectives On Due Process Symposium: Foreign Nations, Constitutional Rights, And International Law, Austen Parrish
Novel Perspectives On Due Process Symposium: Foreign Nations, Constitutional Rights, And International Law, Austen Parrish
Fordham Law Review Online
Some of the more pressing issues related to global governance and world order lie at the intersection of foreign relations law, international law, and constitutional law. What role does the Constitution play in ensuring the United States lives up to the nation’s international law obligations in an evolving period of globalization? More provocatively, to what degree will the United States uphold its international legal obligations if not mandated by the Constitution? And what role do domestic courts play in enforcing these international law obligations? In this regard, the U.S. Supreme Court has not directly addressed the question of the rights, …
Novel Perspectives On Due Process Symposium: Rights, Immunities, And Sovereigns, Katherine Florey
Novel Perspectives On Due Process Symposium: Rights, Immunities, And Sovereigns, Katherine Florey
Fordham Law Review Online
This response first looks at the historical understanding of foreign sovereign immunity and the ways in which it should inform our reading of Article III. It then considers the role that sovereign immunity protections for foreign nations currently play. It closes with a suggestion that—while the sovereign immunity regime is largely adequate to protect other nations’ interests—Professor Wuerth’s insights nonetheless have a role to play in our understanding of cases involving foreign sovereigns.
Novel Perspectives On Due Process Symposium: Questioning The Constitutional Rights Of Foreign Nations, Donald Earl Childress Iii
Novel Perspectives On Due Process Symposium: Questioning The Constitutional Rights Of Foreign Nations, Donald Earl Childress Iii
Fordham Law Review Online
This response evaluates whether Professor Wuerth’s reading of the Constitution is correct. In so doing, this response considers the original understanding of these provisions, the law of nations as understood during the founding era, and Supreme Court case law close to the time of the founding. As explained below, I conclude that it is questionable that the Constitution extends rights to foreign nations.
Novel Perspectives On Due Process Symposium: Constructing The Original Scope Of Constitutional Rights, Nathan S. Chapman
Novel Perspectives On Due Process Symposium: Constructing The Original Scope Of Constitutional Rights, Nathan S. Chapman
Fordham Law Review Online
This response argues that Wuerth’s paper illustrates the most persuasive way to go about the task—one question at a time, with an emphasis on conventional legal materials and forms of argumentation. Some questions will call for especially imaginative constructions. This does not render them irrelevant, but it does caution some modesty about the extent to which they ought to trump competing constructions arising from practice and precedent. Despite her reluctance, then, Wuerth’s methods are entirely consistent with a confident originalism.