structure of the Constitution,
functional and historical arguments, the Court’s case
law, and implied congressional authorization are all examined and rejected as possible grounds for the power asserted by the executive branch to make determinations as to foreign officials immunity. Instead, the development by courts of a federal common
law of individual immunity (with no binding authority in the executive branch) fits comfortably within the existing jurisprudence on federal common
law and is preferable on
functional grounds. Curtis Bradley, Larry Helfer and David Stewart will respond to Ingrid’s article. Welcome!...
06.07.11
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Roger Alford
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