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Royal C. Gardner, Mitigation, in Wetlands Law and Policy: Understanding Section 404 (Kim Diana Connolly et al. eds., American Bar Association, 2005)Clicking on the button will copy the full recommended citation.
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Peter Lake and Darby Dickerson, Deflating the Risks of Inflatables, NASPA Leadership Exchange 22 (2005)Clicking on the button will copy the full recommended citation.
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Brooke J. Bowman, Quick Tip: Keep Proper Attribution SIMPLE: A Mnemonic for Placing Citations in Proper Citation Format, 20 Second Draft 6 (2005)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Persuasion Through Organization: The Final Installment: Transitions, 42 Arizona Attorney 30 (2005)Clicking on the button will copy the full recommended citation.
The article examines how transitions work to connect ideas and enhance the persuasive power of legal writing.
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Judith A.M. Scully, Eliminating Racial Profiling of African Americans in West Virginia and the United States: The Quest for Racial Justice, 2 Africalogical Perspectives (2005)Clicking on the button will copy the full recommended citation.
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Judith A.M. Scully, Brown v. Board of Education, 2 Africalogical Perspectives (2005)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Persuasion through Organization: Another in a Series: Thesis Sentences, 42 Arizona Attorney 50 (2005)Clicking on the button will copy the full recommended citation.
The article examines the thesis sentence in legal writing, a particularly important tool in helping legal readers quickly understand the critical content of paragraphs.
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Kirsten K. Davis, Take the Lime and the Apple and Mix ’em All up, 20 Second Draft 13 (2005)Clicking on the button will copy the full recommended citation.
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Joseph F. Morrissey, Simplifying the Foreign Service Immunities Act: If a Sovereign Acts Like a Private Party, Treat it Like One, 5 University of Chi. J. Int'l L. 675 (2005)Clicking on the button will copy the full recommended citation.
This article focuses on the commercial activities exception of the Foreign Sovereign Immunities Act (FSIA). That exception is at the heart of the FSIA and basically states that if a foreign sovereign engages in private commercial activities like a private party then it should not be immune from suit in the United States. Unfortunately, the special guidelines set forth in the FSIA for applying the commercial activities exception to foreign sovereigns are confusing and have resulted in split opinions among the federal circuit courts.
My article argues that those guidelines should be thrown away. My proposal would first have courts assess whether foreign sovereigns are in fact engaging in private commercial activities. If the answer is yes, then the FSIA should direct courts to simply treat the foreign sovereign in the same way that it would treat a foreign private party for purposes of establishing jurisdiction. Namely, the courts should undertake the same minimum contacts due process analysis it has undertaken for decades with respect to foreign private parties. This solution avoids the complicated rubric established by the FSIA and accomplishing exactly what the FSIA had wanted to accomplish. It treats foreign sovereigns like private parties when and if they behave like them.
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Luz Estella Nagle, Global Terrorism in Our Own Backyard: Colombia’s Legal War against Illegal Armed Groups, 15 Transnational Law & Contemp. Probs. 2005 (2005)Clicking on the button will copy the full recommended citation.
In the aftermath of 9-11, the United States embarked on an aggressive and costly war on terrorism in far flung regions of the world, mainly in the middle east and Afghanistan. However, the United States largely overlooked the terrorist threat to national security emanating much closer to home – in Colombia, where illegal armed groups have formed close connections to international terrorists organizations or have themselves transformed into international terrorists organizations intent on launching terrorist attacks within Colombia and throughout the Americas.