Separation of Powers

Halkbank On Remand: Immunity and Extraterritoriality – Judicial Deference or Customary International Law?

The Supreme Court surprised some by ruling unanimously in Turkiye Halk Bankasi A.S. v. United States that the Foreign Sovereign Immunities Act (FSIA) does not protect Halkbank from criminal prosecution in U.S. courts. Seven Justices concluded that the FSIA applies solely to civil actions but remanded the case – without guidance – for the Second…

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Dear Justice Gorsuch: There’s No Reason to Worry About the Remand in Halkbank

In Turkiye Halk Bankasi A.S. v. United States (Halkbank), the Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not apply to criminal proceedings. The Court remanded the case to the Second Circuit to reconsider Halkbank’s claim of common law immunity. Justice Gorsuch, joined by Justice Alito, wrote a partial dissent. He would…

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Open Questions after Halkbank

The Supreme Court held this week in Türkiye Halk Bankasi, A.S. v. United States that the Foreign Sovereign Immunities Act (FSIA) does not apply to criminal prosecutions. That holding was a blow to Halkbank—a foreign state-owned enterprise under indictment—which had argued that the FSIA provided it with immunity. But the case is not over. The…

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District Court Refuses to Let 9/11 Plaintiffs Have Afghan Central Bank Assets

The District Court for the Southern District of New York (Judge George Daniels) has denied the turnover motions filed by judgment creditors against assets of Da Afghanistan Bank (“DAB”) that are held at the Federal Reserve Bank of New York (“FRBNY”). Judge Daniels’ order and decision, issued on February 21, 2023, adopted the report and…

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Executive Control Versus “Deference” in Halkbank

On January 17, the Supreme Court heard oral argument in Turkiye Halk Bankasi A.S. v. United States(Halkbank) on whether the Foreign Sovereign Immunities Act (FSIA) applies to criminal prosecutions. One argument advanced by the government in Halkbank (and other immunity cases) is that the executive branch has absolute control over immunity determinations not governed by…

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Throwback Thursday: The Tate Letter and Foreign Sovereign Immunity

Seventy years ago this week, Department of State Legal Adviser Jack Tate wrote to Attorney General Philip Perlman to announce a sea change in State’s litigation practice vis-à-vis foreign sovereign immunity. The so-called “Tate Letter” informed the Department of Justice that State would shift from the “classical” approach to sovereign immunity to what’s known as…

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S.D.N.Y. Holds Consent-Based Personal Jurisdiction over the PLO Unconstitutional

Palestinian flag

The Southern District of New York recently held in Fuld v. Palestine Liberation Organization that a federal statute subjecting the Palestine Liberation Organization (“PLO”) to personal jurisdiction violates the Due Process Clause of the Fifth Amendment. The case adds to a growing list of important due process questions in transnational litigation.

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

David L. Sloss

Santa Clara University School of Law
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John Parry

Lewis & Clark Law School
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Mark B. Feldman

Georgetown University Law Center
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Lawrence Collins

University College London
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Dmitriy Bogorodskiy

Pepperdine University
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Pamela K. Bookman

Fordham University School of Law
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Azadeh Mizani

Shahid Beheshti University
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Matt Hornung

Cornell Law School
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