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Full-Text Articles in Law
Reconceptualizing Aggression, Michael Anderson
Clarity And Confusion: Did Republic Of Austria V. Altmann Revive State Department Suggestions Of Foreign Sovereign Immunity?, Mark J. Chorazak
Clarity And Confusion: Did Republic Of Austria V. Altmann Revive State Department Suggestions Of Foreign Sovereign Immunity?, Mark J. Chorazak
Duke Law Journal
No abstract provided.
Blacklisting As Foreign Policy: The Politics And Law Of Listing Terror States, Matthew J. Peed
Blacklisting As Foreign Policy: The Politics And Law Of Listing Terror States, Matthew J. Peed
Duke Law Journal
No abstract provided.
Waivers Of State Sovereign Immunity And The Ideology Of The Eleventh Amendment, Jonathan R. Siegel
Waivers Of State Sovereign Immunity And The Ideology Of The Eleventh Amendment, Jonathan R. Siegel
Duke Law Journal
States normally enjoy immunity from suit by private parties, but they may waive this immunity. The Supreme Court's steady contraction of other exceptions to the rule of state sovereign immunity has renewed interest in the previously little-discussed possibilities of waiver. This Article explores the boundaries of waiver doctrine. This Article shows that, prior to 1945, the Supreme Court-even as it enforced a broad, substantive rule of state sovereign immunity-applied a sensible doctrine of waiver that balanced the interests of states with those of private parties and the federal judicial system. The Court's traditional doctrine treated state sovereign immunity like the …
Diplomats Or Defendants? Defining The Future Of Head-Of-State Immunity, Michael A. Tunks
Diplomats Or Defendants? Defining The Future Of Head-Of-State Immunity, Michael A. Tunks
Duke Law Journal
No abstract provided.