Law Commons^™

Reconceptualizing Aggression, Michael Anderson

Duke Law Journal

No abstract provided.

A Qualified Defense: In Support Of The Doctrine Of Qualified Immunity In Excessive Force Cases, With Some Suggestions For Its Improvement, Michael M. Rosen

Golden Gate University Law Review

This article addresses several criticisms of the qualified immunity doctrine and defends the doctrine, through an examination of the key cases and commentary on them, as a reasonably coherent and effective mechanism for sorting out worthy from unworthy litigation. This article also identifies some important shortcomings in the doctrine and outlines modifications that would improve its functioning, improvements that would quiet the chorus of criticism that several commentators have directed at the doctrine.

The Evolution Of Modern Sovereign Debt Litigation: Vultures, Alter Egos, And Other Legal Fauna, Jonathan I. Blackman, Rahul Mukhi

Law and Contemporary Problems

No abstract provided.

Contracting For State Intervention: The Origins Of Sovereign Debt Arbitration, W. Mark C. Weidemaier

Law and Contemporary Problems

No abstract provided.

An Offensive Weapon?: An Empirical Analysis Of The 'Sword' Of State Sovereign Immunity In State-Owned Patents, Tejas N. Narechania

Tejas N. Narechania

Understanding The Federal Tort Claims Act: A Different Metaphor, Paul F. Figley

Paul Figley

When it enacted the Federal Tort Claims Act Congress waived the United States’ sovereign immunity for certain torts of the federal government. That waiver is subject to exclusions, exceptions, and limitations that may seem puzzling or counterintuitive. This essay explains the structure and operation of the Federal Tort Claims Act by comparing it to “a traversable bridge across the moat of sovereign immunity” (a metaphor used by Judge Max Rosenn in a slightly different context). The essay examines why Congress enacted the FTCA, the jurisdictional grant that allows some tort claims but not others, the pre-requisites to bringing suit, the …

Compensating Victims Of Terrorism Or Frustrating Cultural Diplomacy - The Unintended Consequences Of The Foreign Sovereign Immunities Act’S Terrorism Provisions, Danica Curavic

Cornell International Law Journal

No abstract provided.

I.R.C. Section 7430 Attorney's Fees: Navigating Section 7430 And A Call For The Final Act, Jeffrey E. Ouijano, Rodney P. Mock

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Conflict Between State Tests Of Tribal Entity Immunity And The Congressional Policy Of Indian Self-Determination, Aaron F.W. Meek

American Indian Law Review

No abstract provided.

A "Preposterous Anomaly": Sovereign Immunity In Kentucky Following The Crash Of Comair Flight 5191, Nathaniel R. Kissel

Kentucky Law Journal

No abstract provided.

The Eleventh Amendment And The Nature Of The Union, Bradford R. Clark

GW Law Faculty Publications & Other Works

Leading theories of the Eleventh Amendment start from the premise that its text makes no sense. These theories regard the Amendment as either under-inclusive, over-inclusive, or an incoherent compromise because it prohibits federal courts from hearing "any suit" against a state by out-of-state citizens, but does not prohibit suits against a state by its own citizens. Two of these theories would either expand or contract the immunity conferred by the text of the Amendment in order to avoid this absurd or anomalous result. This Article suggests that the Eleventh Amendment made sense as written when understood in its full historical …