Silva v. Farrish
Second Circuit Confirms Exception to Sovereign Immunity for Tribal Claims Relating to Land and Fishing Rights.
Vol. 136 No. 7
Sovereign Immunity
Torres v. Texas Department of Public Safety
Vol. 136 No. 1
In the words of Justice Kagan, the Supreme Court’s state “sovereign immunity decisions have not followed a straight line.” The Court’s first foray into...
Constitutional Waivers by States and Criminal Defendants
Vol. 134 No. 7
Where there is a right, there is (usually) a way to waive it. Where there is a waiver, the question of its validity arises....
Recent Case: Rosenberg Development Corp. v. Imperial Performing Arts, Inc.
Gone are the days of absolute sovereign immunity. The king can now (sometimes) do wrong. Governments today consent to liability and can have their...
Patchak v. Zinke
Vol. 132 No. 1
The suggestion that “‘the judicial Power of the United States . . . can no more be shared’ with another branch than ‘the Chief Executive, for example,...
Doe v. Federal Democratic Republic of Ethiopia
D.C. Circuit Finds Ethiopia Immune in Hacking Suit.
Vol. 131 No. 4
de Csepel v. Republic of Hungary
D.C. Circuit Interprets Expropriation Exception to Allow Genocide Victims to Sue Their Own Government.
Vol. 131 No. 2
Kirschenbaum v. 650 Fifth Avenue & Related Properties
Second Circuit Holds that the Terrorism Risk Insurance Act, but not the FSIA, Allows Recovery Against U.S. Companies Owned by State Sponsors of Terrorism.
Vol. 130 No. 4
Political Questions, Public Rights, and Sovereign Immunity
Vol. 130 No. 2
Since the very early republic, federal judges have considered “political questions” beyond the scope of Article III. Not until 1962, however, did the Supreme...
Franchise Tax Board v. Hyatt
Vol. 130 No. 1