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Foreign Sovereign Immunities Act

Personal Jurisdiction Over Foreign States and State-Owned Enterprises

Ingrid Wuerth   Fri, Jul 19, 2019, 11:16 AM

Conventional wisdom and many lower court cases hold that foreign states are not entitled to constitutionally based personal jurisdiction protections in federal courts because they are not “persons” protected by the Fifth Amendment. That reasoning is incorrect as a matter of constitutional text and history, and it leads to poor results as a matter of policy for reasons explored at length in a forthcoming article and summarized here.

Documents

Document: Solicitor General Files Brief in Mystery Grand Jury Case

Mikhaila Fogel   Fri, Feb 22, 2019, 5:37 PM

On Friday, Solicitor General Noel Francisco filed a brief on behalf of the special counsel's office regarding In Re Grand Jury Subpoena, the case concerning the special counsel's attempt to subpoena an unnamed company owned by an unnamed foreign government. The brief argues that the Supreme Court should deny the corporation's petition for a writ of certiorari. The brief is available below.

Foreign Sovereign Immunities Act

The D.C. Circuit’s Opinion in the Mystery Subpoena Case: Unresolved Personal Jurisdiction Issues

Ingrid Wuerth   Thu, Jan 10, 2019, 4:19 PM

On Jan. 8, the U.S. Court of Appeals for the D.C. Circuit released its redacted opinion In re Grand Jury Subpoena, the mysterious case with apparent links to the Mueller investigation concerning an unnamed corporation (“the Corporation”) owned by an unnamed foreign country.

Federal Law Enforcement

What to Make of the Mystery Judgment in In re Grand Jury Subpoena

Scott R. Anderson, Quinta Jurecic   Tue, Dec 18, 2018, 9:00 PM

Earlier this evening, Dec. 18, the U.S. Court of Appeals for the D.C. Circuit released a judgment in In re Grand Jury Subpoena, a mysterious case that has drawn attention for its suspected connection to the Mueller investigation. The ostentatious secrecy has fueled speculation that the case might involve something as dramatic as an effort to secure testimony from the president himself.

Foreign Sovereign Immunities Act

How the Supreme Court Should Decide Jam v. International Finance Corp.

Ingrid Wuerth   Wed, Oct 24, 2018, 9:00 AM

The Supreme Court will soon hear oral arguments in Jam v. International Finance Corp. The case, which will be argued on October 31, 2018, raises an important threshold question about the immunity of international organizations from suit in the United States. But the briefing does not provide the full answer.

Foreign Sovereign Immunities Act

Testimony in Opposition to the Justice Against Sponsors of Terrorism Act

Paul Stephan   Thu, Jul 14, 2016, 8:25 AM

Today at 10 am, the House Judiciary Committee’s Subcommittee on the Constitution and Civil Justice will hold a hearing on S. 2040, the “Justice Against Sponsors of Terrorism Act.” As readers of this blog are aware, this bill passed the Senate unanimously and now is before the House.

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