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Posts by Ingrid Wuerth

Ingrid Wuerth is a Professor at Vanderbilt Law School. She is a leading scholar of foreign affairs and international law in domestic courts, whose broad intellectual interests also include the German Constitution, comparative constitutional law, and methodology. She has written extensively on these topics, including articles published in the Chicago, Michigan, Northwestern and Notre Dame law reviews, the Harvard, Melbourne, Vanderbilt and Virginia journals of international law, and the American Journal of International Law. Professor Wuerth joined Vanderbilt’s law faculty in 2007, was appointed director of Vanderbilt’s International Legal Studies Program in fall 2009, and has won several teaching awards. After law school, she clerked for Judge Jan E. DuBois of the U.S. District Court for the Eastern District of Pennsylvania, for Judge Jane R. Roth of the U.S. Court of Appeals for the Third Circuit, and practiced at Dechert in Philadelphia. She is on academic leave this semester and is living in Berlin, Germany. Full bio »

Republic of Argentina v. NML Capital: Discovery and the Foreign Sovereign Immunities Act

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Monday, June 16, 2014 at 10:28 PM

The Supreme Court held today in Republic of Argentina v. NML Capital that the Foreign Sovereign Immunities Act does not limit the scope of discovery available against a foreign sovereign in a post-judgment execution action.   This case is one of many actions brought against Argentina by bondholders who did not accept debt restructuring offers, as . . .
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The Bond Case, Statutory Interpretation, and the Executive Branch

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Sunday, June 8, 2014 at 2:58 PM

The Supreme Court had the opportunity in Bond v. United States to tackle constitutional questions about the scope of the Treaty Power and the Necessary & Proper Clause, but the six-justice majority declined that invitation. So, in the end, Bond is a statutory interpretation case. Although lacking the drama of a major constitutional ruling, statutory . . .
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Chief Justice Roberts: De-Chevronizing U.S. Foreign Relations Law

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Friday, May 16, 2014 at 8:35 AM

Eric Posner and Cass Sunstein argue in an article from 2007 that U.S. foreign relations law should be “Chevronized,” meaning that courts should defer to the executive branch in interpreting ambiguous treaties and statutes when international comity concerns are implicated. Curt Bradley had already argued in a 2000 article that Chevron deference should apply in . . .
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Chief Justice Roberts – [Not yet] The Most important Author of Foreign Relations Opinions in the History of the Supreme Court?

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Monday, May 12, 2014 at 10:47 AM

It seems likely that Chief Justice Roberts will author the much-anticipated opinion in Bond v. United States. This comes as no surprise. The Chief Justice has assigned much opinion-writing in close and/or important foreign relations cases to himself, perhaps consistent with how Chief Justices generally use their assignment power.   In foreign relations cases, this trend . . .
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Foreign Official Immunity & Executive Branch Law-Making

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Thursday, December 12, 2013 at 10:47 PM

Earlier this week the Solicitor General filed its brief in Samantar v. Yousuf, as it was invited to do by the Supreme Court back in June.  The Court has already issued an opinion in this case in 2010, holding that the Foreign Sovereign Immunities Act does not apply to individual officials of foreign governments, and . . .
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Iran Nuclear Agreement as a Modus Vivendi

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Monday, November 25, 2013 at 7:26 AM

  Over at opinio juris, Duncan Hollis has an interesting post about whether the agreement reached with Iran on early Sunday morning is legally binding.  (I do disagree with Duncan’s title: the “new U.S.-Iran deal” – the deal of course includes other countries).  One possible motive for the United States to make this a political, rather than a legal commitment, . . .
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Yet More on the Rights of Others

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Wednesday, November 13, 2013 at 4:58 PM

Responding to posts by Ben Wittes, Orin Kerr, and David Cole (at Just Security), I would like to take the debate in a somewhat different direction.  David makes an argument, based in part on international law, that there is or should be a global right to privacy.  This argument might rest (as David notes) in . . .
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Indonesia and China Question Use of Embassies for Spying

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Friday, November 1, 2013 at 12:00 PM

Voice of America is reporting that the U.S. Embassy in Jakarta (like the U.S. Embassy in Berlin) was apparently used by the NSA for spying on President Susilo Bambang Yudhoyono.  Indonesia is seeking an explanation from the United States.  It also appears that that Australia permitted covert NSA programs to operate in “its embassies in . . .
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The “NSA Affair” Goes Criminal in Germany

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Monday, October 28, 2013 at 10:00 AM

The “NSA Affair” still commands German headlines. Over the weekend, the news was dominated by the fit-for-a-spy-novel revelations that the top floor of the U.S. Embassy on Pariser Platz (overlooking the Brandenburger Tor and the Reichstag) apparently housed equipment and officials that listened in on Chancellor Merkel’s calls. There is a great picture here. It . . .
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Dispatch from Berlin on a Diplomatic Disaster

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Friday, October 25, 2013 at 7:00 AM

A diplomatic disaster for the United States is currently unfolding in Berlin. The revelation that the NSA may have monitored cell phone conversations and text messages of Chancellor Angela Merkel has led to popular outrage in Germany, as well as unusually pointed language from the Chancellor and other government officials. The U.S. Ambassador was not . . .
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