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...
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,...
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. 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...