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Full-Text Articles in Law
The Ordinary And The Extraordinary In Institutional Litigation, Theodore Eisenberg, Stephen C. Yeazell
The Ordinary And The Extraordinary In Institutional Litigation, Theodore Eisenberg, Stephen C. Yeazell
Cornell Law Faculty Publications
Institutional litigation, in which courts are requested to oversee the operation of large public institutions, has been frequently attacked as a departure from the traditional model of litigation. In this Article, Professors Eisenberg and Yeazell argue that the procedures and remedies employed in institutional litigation are not unprecedented but have analogues in older judicial traditions. Nor, they assert, do the doctrines of separation of powers and federalism present any obstacles to institutional litigation. They conclude that the novelty lies in the newly created substantive rights which courts are asked to enforce.
The Foreign Sovreign Immunities Act: The Use Of Pre-Judgment Attachment To Ensure Satisfaction Of Anticipated Judgments, Craig J. Hanson
The Foreign Sovreign Immunities Act: The Use Of Pre-Judgment Attachment To Ensure Satisfaction Of Anticipated Judgments, Craig J. Hanson
Northwestern Journal of International Law & Business
The Foreign Sovereign Immunities Act of 19761 (FSIA) was designed to balance the interests of private litigants with commercial or tortious claims2 against foreign states3 with the interests of the United States in minimizing friction with foreign nations.4 The tightrope that the drafters of the Act' walked is nowhere more apparent than in the area of attachment of foreign sovereign assets and execution of judg- ment.