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Harvard Law Review Topics

Sovereign Immunity

Federal Indian Law Recent Case

Silva v. Farrish

Second Circuit Confirms Exception to Sovereign Immunity for Tribal Claims Relating to Land and Fishing Rights.

Vol. 136 No. 7 May 2023
Eleventh Amendment Leading Case

Torres v. Texas Department of Public Safety

Vol. 136 No. 1 November 2022 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 Law Note

Constitutional Waivers by States and Criminal Defendants

Vol. 134 No. 7 May 2021 Where there is a right, there is (usually) a way to waive it. Where there is a waiver, the question of its validity arises....
Federalism Recent Case

Recent Case: Rosenberg Development Corp. v. Imperial Performing Arts, Inc.

March 18, 2019 Gone are the days of absolute sovereign immunity. The king can now (sometimes) do wrong. Governments today consent to liability and can have their...
Constitutional Remedies Leading Case

Patchak v. Zinke

Vol. 132 No. 1 November 2018 The suggestion that “‘the judicial Power of the United States . . . can no more be shared’ with another branch than ‘the Chief Executive, for example,...
Sovereign Immunity Recent Case

Doe v. Federal Democratic Republic of Ethiopia

D.C. Circuit Finds Ethiopia Immune in Hacking Suit.

Vol. 131 No. 4 February 2018
Foreign Affairs Recent Case

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 December 2017
Foreign Affairs Recent Case

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 February 2017
Political Question Doctrine Note

Political Questions, Public Rights, and Sovereign Immunity

Vol. 130 No. 2 December 2016 Since the very early republic, federal judges have considered “political questions” beyond the scope of Article III. Not until 1962, however, did the Supreme...
Constitutional Law Leading Case

Franchise Tax Board v. Hyatt

 

Vol. 130 No. 1 November 2016
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