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- Puerto Rico; US Territory; commonwealth; colonization; voting rights; suffrage; naturalization; citizenship; Foraker Act; Jones Act; Insular Cases; incorporated territory; unincorporated territory; statehood; taxation without representation; First Amendment; Free Speech; Association; Strict Scrutiny; Government Interests; Compelling Interest; Narrow Tailoring; Proportionality; (1)
- Republic of Germany; Art; Forced Sale; Stolen Art; Cultural Property; Foreign Sovereign Immunity Amendment; Proposed Amendment to the Foreign Sovereign Immunity Amendment; Domestic Takings; Expropriation; Jus Cogens; Peremptory Norms; The Genocide Exception; Absolute Theory of Foreign Sovereign Immunity; Restrictive Theory of Foreign Sovereign Immunity; Nazi (1)
Articles 1 - 2 of 2
Full-Text Articles in Supreme Court of the United States
Amending The Foreign Sovereign Immunity Act To Promote Accountability For Violations Of Peremptory Norms Of International Law, Joshua Newman
Amending The Foreign Sovereign Immunity Act To Promote Accountability For Violations Of Peremptory Norms Of International Law, Joshua Newman
Brooklyn Journal of International Law
The current state of the United States legal system, and international law at large, fails to afford victims of violations of international law with proper redress, when those violations were facilitated by a domestic taking. The Foreign Sovereign Immunity Act provides foreign sovereigns immunity from the jurisdiction of United States courts when those foreign sovereigns effectuate of a violation of international law through domestic takings. Courts have attempted to circumvent the restrictions of the Foreign Sovereign Immunity Act with exceptions such as the genocide exception. Unfortunately, the Supreme Court’s recent decision in Federal Republic of Germany v Philipp renounced the …
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Brooklyn Law Review
The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions …