Add to ORKGProfessor Wuerth’s article is a significant piece of scholarship. This brief comment is devoted, not to the article’s many strengths, but to its principal doctrinal conclusion, with which I disagree. In my view, the Due Process Clause of the Fifth Amendment allows Congress to provide any rules it chooses regarding service of process on and personal jurisdiction over foreign sovereigns. That is true, at least, insofar as the judgments of U.S. courts are to be enforced against foreign sovereign assets located in the United States. The rules about personal jurisdiction over foreign sovereigns in the Foreign Sovereign Immunities Act therefore are consistent with the Fifth Amendment. The statement that foreign sovereigns are not persons within t...
Defining the scope of the Constitution’s application outside U.S. territory is more important than e...
The Supreme Courts recent reliance on foreign precedent to interpret the Constitution sparked a fire...
Currently, defendants subject to the extraterritorial application of federallaw generally do not inv...
Professor Wuerth’s article is a significant piece of scholarship. This brief comment is devoted, not...
Are foreign States and governments (and their state-owned enterprises) “persons” for constitutional ...
The rights of foreign states under the U.S. Constitution are becoming more important as the actions ...
The Due Process Clause with its focus on a defendant\u27s liberty interest has become the key, if no...
Clarity would be promoted by treating Article III—which primarily concerns subject matter jurisdicti...
This response first looks at the historical understanding of foreign sovereign immunity and the ways...
The Fifth Amendment\u27s Due Process Clause places limitations on courts\u27 judicial power. Due pro...
This response evaluates whether Professor Wuerth’s reading of the Constitution is correct. In so doi...
This Article first considers the Fourteenth Amendment cases and argues that the constitutional limit...
At several junctures, scholars have wondered what constitutional personal jurisdiction doctrine can ...
Some of the more pressing issues related to global governance and world order lie at the intersectio...
A great deal has been written about the personal jurisdiction of state courts and particularly about...
Defining the scope of the Constitution’s application outside U.S. territory is more important than e...
The Supreme Courts recent reliance on foreign precedent to interpret the Constitution sparked a fire...
Currently, defendants subject to the extraterritorial application of federallaw generally do not inv...
Professor Wuerth’s article is a significant piece of scholarship. This brief comment is devoted, not...
Are foreign States and governments (and their state-owned enterprises) “persons” for constitutional ...
The rights of foreign states under the U.S. Constitution are becoming more important as the actions ...
The Due Process Clause with its focus on a defendant\u27s liberty interest has become the key, if no...
Clarity would be promoted by treating Article III—which primarily concerns subject matter jurisdicti...
This response first looks at the historical understanding of foreign sovereign immunity and the ways...
The Fifth Amendment\u27s Due Process Clause places limitations on courts\u27 judicial power. Due pro...
This response evaluates whether Professor Wuerth’s reading of the Constitution is correct. In so doi...
This Article first considers the Fourteenth Amendment cases and argues that the constitutional limit...
At several junctures, scholars have wondered what constitutional personal jurisdiction doctrine can ...
Some of the more pressing issues related to global governance and world order lie at the intersectio...
A great deal has been written about the personal jurisdiction of state courts and particularly about...
Defining the scope of the Constitution’s application outside U.S. territory is more important than e...
The Supreme Courts recent reliance on foreign precedent to interpret the Constitution sparked a fire...
Currently, defendants subject to the extraterritorial application of federallaw generally do not inv...