Separation of Powers

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

George Washington University Law School
william.dodge@law.gwu.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

Nora Fangzhou Long

UC Davis School of Law
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Brett Lingguang Wang

Beijing Dacheng Law Offices, LLP
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Amanda Yunshu Li

Beijing Dacheng Law Offices, LLP
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Ted Folkman

Rubin and Rudman LLP
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Melissa Stewart

Georgetown University Law Center
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Matt Slovin

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