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In The Wake Of Republic Of Austria V. Altmann: The Current Status Of Foreign Sovereign Immunity In United States Courts, David P. Vandenberg

University of Colorado Law Review

In Republic of Austria v. Altmann, the United States Supreme Court held that conduct predating the passage of the Foreign Sovereign Immunity Act of 1976 could nonetheless be grounds for a claim under the Act. This article begins with a historical survey of foreign sovereign immunity in the U.S. legal system. However, it is foremost an analysis and critique of the Supreme Court's opinion in Altmann. It argues that in the wake of the Court's decision, the floodgates will not open to a rash of foreign sovereign immunity claims based on long-ago conduct because other factors-both legal and practical will …