Law Commons^™

Immunity From Suit For International Organizations: The Judiciary's New Que Of Separating Lawsuit Sheep From Lawsuit Goats, Ylli Dautaj

Indiana Journal of Global Legal Studies

I. Introduction

II. Immunity from Suit in Public International Law

(A) Sovereign Immunity

(i) Sources of Sovereign Immunity

(ii) Legal Theory on Sovereign Immunity

(iii) Doctrinal Evolution of Sovereign Immunity

(B) Jurisdictional Immunity for International Organizations

(C) Sovereign Immunity and Immunity for International Organizations

Domestically

III. Jam v. Int'l Finance Corporation:

A New Dawn for International Organizations in the United States

(A) Jam v. Int'l Finance Corporation: Majority View

(B) Jam v. Int'l Finance Corporation: Dissenting Opinion by Justice Breyer

IV. The Exception that Proves but does not Swallow the rule on Virtually

Absolute Immunity: Criticism of the Majority in …

Fight Or Flight: The Ninth Circuit's Advancement Of Textualism During An Era Of Intentionalism In United States V. Lozoya, Zachary Remijas

Pepperdine Law Review

The modern complexities of global interaction and accessibility have recently forced some federal courts to reconsider standards for determining proper venue for criminal defendants who commit offenses while engaged in transportation, particularly those involving interstate commerce and crimes spanning multiple districts. These courts’ application of two adversarial schools of statutory interpretation—textualism and intentionalism—has driven conflict between textualist jurisdictions adhering to the plain meaning of established constitutional and statutory sources, and intentionalist jurisdictions refraining from the “creeping absurdity” of establishing venue for certain in-transit offenses under the literal meaning of such provisions. This Note endorses the sensibility and superiority of the …

Legitimate Interpretation – Or Legitimate Adjudication?, Thomas W. Merrill

Faculty Scholarship

Current debate about the legitimacy of lawmaking by courts focuses on what constitutes legitimate interpretation. The debate has reached an impasse in that originalism and textualism appear to have the stronger case as a matter of theory while living constitutionalism and dynamic interpretation provide much account of actual practice. This Article argues that if we refocus the debate by asking what constitutes legitimate adjudication, as determined by the social practice of the parties and their lawyers who take part in adjudication, it is possible to develop an account of legitimacy that produces a much better fit between theory and practice. …

Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David Mcclure

Scholarly Works

So-called “snap removal” – removal of a case from state to federal court prior to service on a forum state defendant – has divided federal trial courts for 20 years. Recently, panels of the Second, Third and Fifth Circuits have sided with those supporting the tactic even though it conflicts with the general prohibition on removal when the case includes a forum state defendant, a situation historically viewed as eliminating the need to protect the outsider defendant from possible state court hostility.

Consistent with the public policy underlying diversity jurisdiction – availability of a federal forum to protect against defending …