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Home » Sovereign Immunity

Courts Apply Updated Portions of Restatement Fourth U.S. Foreign Relations Law

Pauline Toboulidis | November 1, 2018 | U.S. Foreign Relations Law

Courts across the country have already begun citing to the Restatement Fourth’s Tentative Drafts on Jurisdiction, Sovereign Immunity, and Treaties. These three portions of Restatement of the Law Fourth, The Foreign Relations Law of the United States, were completed...

Federal Circuit Holds Tribal Immunity Does Not Apply To Inter Partes Review

Forrest Tahdooahnippah | July 26, 2018 | American Indian Law

Last Friday, in an anticipated decision, the U.S. Court of Appeals for the Federal Circuit decided a controversial case regarding the St. Regis Mohawk’s ability assert sovereign immunity in inter partes review proceedings.  The Federal Circuit held that tribal...

Tribal Powers over Nonmembers – Part 1

Matthew L.M. Fletcher, Wenona T. Singel, Kaighn Smith, Jr. and Jennifer Morinigo | April 17, 2018 | American Indian Law

In the American Indian Law project draft that will be presented at the 2018 Annual Meeting, two Sections deal with tribal powers over nonmembers – § 34, Civil Regulatory and Adjudicatory Authority over Nonmembers and § 35, Tribal-Court Exhaustion Rule. This is the...

Judge rules 9/11 lawsuit against Saudi Arabia can proceed

Victor Morton | April 5, 2018 | U.S. Foreign Relations Law

A lawsuit accusing the Saudi Arabian government of complicity in the Sept. 11 terrorist attacks, and seeking billions of dollars in damages, can go forward, a judge ruled Wednesday. U.S. District Judge George Daniels in Manhattan dismissed Saudi Arabia’s motion to...

When Patents are Sovereigns: The Competitive Harms of Leasing Tribal Immunity

Cecilia Cheng and Theodore T. Lee | March 26, 2018 | American Indian Law

Under the Hatch-Waxman and America Invents Acts, Congress has established a system for judicial and administrative review of prescription-drug patents that balances exclusive rights for patent holders and the entry of generic competitors. Threatening this balance, the...
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