SOVEREIGN IMMUNITY (Update)
Sovereign Immunity for Nuisance and Takings Claims in Texas after City of Dallas v Jennings
... Sovereign Immunity for Nuisance and Takings Claims in Texas after City of Dallas v Jennings SMU Law Review Volume 58 | Issue 1 Article 7 2005 Sovereign Immunity for Nuisance and Takings Claims in Texa[.] ...
21
To Enforce a Privacy Right: The Sovereign Immunity Canon and the Privacy Act’s Civil Remedies Provision After Cooper
... of sovereign immunity, both McMahon and Irwin merely tilted the limitations periods of two statutes in a more pro-immunity ...government’s immunity in that it eliminated the remedy of monetary ...
9
Belligerent Obligations under Article 18(1) of the Second Geneva Convention: The Impact of Sovereign Immunity, Booty of War, and the Obligation to Respect and Protect War Graves
... warship belongs has affirmatively declared the wreck to be a war grave. After all, other than in land warfare where the belligerents are obligated to establish war graves for the enemy dead, there is no entity other than ...
14
Water, Water Everywhere, and Not a Bite to Eat: Sovereign Immunity, Federal Disaster Relief, and Hurricane Katrina
... 34. Sovereign immunity in the United States was initially a result of the judicial conclusion that Article III was subject to common law, relying primarily on statements made in the Federalist Papers and ...
35
Chisholm, The Eleventh Amendment, and Sovereign Immunity: On Alden's Return to Confederation Principles
... of sovereign immunity ...surrendered sovereign immunity only to the extent that doing so was inherent in accepting the constitutional ...
46
License to Discriminate: The Application of Sovereign Immunity to Employment Discrimination Claims Brought by Non-Native American Employees of Tribally Owned Businesses
... of sovereign immunity that will deny employees their rights under federal ...tribal immunity and its specific application to employment discrimi- nation is vague, unpredictable, and ...
27
Restrictive Foreign Sovereign Immunity in the United Kingdom (UK): A Welcome Development in International Commercial Transactions
... A State should be held to account for its actions when it enters into any form of commercial transaction with private individuals or companies. This will set the stage for States entering into commercial transactions not ...
10
Kimel and Beyond: Fifth Circuit Tackles Sovereign Immunity and the Family and Medical Leave Act in Kazimer v Widmann
... Kimel and Beyond Fifth Circuit Tackles Sovereign Immunity and the Family and Medical Leave Act in Kazimer v Widmann SMU Law Review Volume 54 | Issue 1 Article 22 2001 Kimel and Beyond Fifth Circuit Ta[.] ...
9
EAR vs. DBSI: A Battle Royale Over Sovereign Immunity and 11 U.S.C. § 544(B)(1)
... The Seventh Circuit’s second defense argues that its holding does not render Section 106’s effect on Section 544 meaningless because Section 106 could still apply to Section 544(a). But, if Congress intended for Section ...
23
Iowa Tribe of Kansas and Nebraska v. Salazar: Sovereign Immunity as an Ongoing Inquiry
... the sovereign immunity question need not be addressed because this was an officer suit against the Secretary of the Interior rather than the United States itself, the court held that to accept such argument ...
7
Foreign Sovereign Immunity Fourth Circuit Disregards Congressional Intent by Holding That the Foreign Sovereign Immunities Act Does Not Apply to Individuals Acting within the Scope of Their Official Duties
... Foreign Sovereign Immunity Fourth Circuit Disregards Congressional Intent by Holding That the Foreign Sovereign Immunities Act Does Not Apply to Individuals Acting within the Scope of Their Official D[.] ...
9
Issues of Sovereign Immunity in the Australia-China Trade Investment
... If the land-use right is regarded as a proprietary right under either Chinese law (although the Chinese law itself does not provide a clear answer in this respect) or Australian law, a[r] ...
10
Sovereign Immunity -- Revisited but Still Not Refined
... of "basic governmental policy" which, if judicially reviewed, would result in second-guessing those decisions for which the government must exercise discretion i[r] ...
25
Foreign Sovereign Immunity - Whether United States Embassies are Jurisdictional Territory Under the Non-Commercial Tort Exception of the Foreign Sovereign Immunities Act
... European courts which have litigated the issue of whether the receiving state or the sending state has jurisdiction over embassies, have uniformly held that such ju[r] ...
16
Foreign Sovereign Immunity - Rex v. CIA. Pervana de Vapores, S.A.
... The Supreme Court frequently has held that when the United States consents to be sued in its own courts, thereby waiving its immu- nity, no right to jury trial [r] ...
10
Is the Current Disposition of the Doctrine of Sovereign Immunity in the United States Appropriate in Light of Prevailing Governmental Policy?
... Moreover, when a judicial proceeding has an effect upon relations with the foreign sovereign, it was deemed a "guiding principle" in considering whether immu[r] ...
46
Foreign Sovereign Immunity- Communist and Socialist Organizations- Effect of State's system of property ownership on determination of Agency or Instrumentality Status under the Foreign Sovereign Immunities Act of 1976
... which states that Britain accepts the restrictive theory in in rem proceedings.. It was labeled the restrictive theory because it granted immunity to foreign sovereigns w[r] ...
12
Limitations on Legislative Immunity: A New Era for Montana's Sovereign Immunity Doctrine
... This Court, having in a line of cases needlessly and illogically enlarged governmental immunity for negligence, now marches overzealously to the ultimate nonsense: a [r] ...
23
The King's Resurrection: Sovereign Immunity Returns to Montana
... John A. 2 Notwithstanding Montana's constitution- ally guaranteed democratic form of government, the state has be- come the king, the local governments have become fe[r] ...
25
The Passing of Sovereign Immunity in Montana: The King Is Dead!
... consideration from a political subdivision of the state, municipality, or any public body, corporation, commission, board, agency, organization, or other public entit[r] ...
18