Category Archives: U.S. Foreign Relations Law

The Role of Foreign Perceptions in Zivotofsky v. Kerry

One of the noteworthy disagreements in Zivotofsky concerns the significance of foreign perceptions of U.S. law. The majority suggested the risk of misperception is relevant as a type of functionalist consideration: Pointing to evidence that § 214(d) drew objections from Palestine and … Continue reading

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On the Senate Letter to Iran

A few quick points on yesterday’s open letter from 47 Republican Senators to the government of Iran: (1) I don’t see legislative communications with foreign governments as categorically or even mostly unconstitutional, especially when Congress doesn’t purport to speak on behalf … Continue reading

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Residency Venue in Cases with Foreign Corporate Defendants

A few years ago, Congress passed the Federal Courts Jurisdiction and Venue Clarification Act of 2011, in part to resolve, as the title suggests, uncertainties concerning the old venue statute. The effort succeeded in various regards, but Congress seems to have … Continue reading

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Ruling on the Motion to Dismiss in the Navy/ Fukushima Litigation

A few days ago the district court in the Navy/ Fukushima litigation (Cooper v. TEPCO) issued a ruling on TEPCO’s motion to dismiss. Key takeaways: the court dismissed the plaintiffs’ claims for design defect and intentional infliction of emotional distress, along … Continue reading

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Does the Legalization of Marijuana Violate International Law?

The shift toward legalization of marijuana has gained a lot of momentum in the past few years. By a recent count, more than twenty states have enacted legislation that permits use of one form or another. Most allow only medical … Continue reading

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Mwani v. Al Qaeda

A federal magistrate judge issued a noteworthy decision yesterday in Mwani v. Al Qaeda—a case filed several years ago by victims of the 1998 truck bombing of the U.S. Embassy in Nairobi, Kenya. Six Kenyan nationals alleged jurisdiction under the Alien Tort … Continue reading

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Guest Post at Opinio Juris

I’ve done a guest post on Zivotofsky v. Kerry, the Israel passport case, over at the international law blog Opinio Juris. It’s available here.

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