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Full-Text Articles in Law
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 …
High-Stakes Interpretation, Ryan D. Doerfler
High-Stakes Interpretation, Ryan D. Doerfler
All Faculty Scholarship
Courts look at text differently in high-stakes cases. Statutory language that would otherwise be ‘unambiguous’ suddenly becomes ‘less than clear.’ This, in turn, frees up courts to sidestep constitutional conflicts, avoid dramatic policy changes, and, more generally, get around undesirable outcomes. The standard account of this behavior is that courts’ failure to recognize ‘clear’ or ‘unambiguous’ meanings in such cases is motivated or disingenuous, and, at best, justified on instrumentalist grounds.
This Article challenges that account. It argues instead that, as a purely epistemic matter, it is more difficult to ‘know’ what a text means—and, hence, more difficult to regard …