Monthly Archives: May 2019

Chimène Keitner on Common-Law Foreign-Official Immunity

Published on: Author: Scott Dodson

The Foreign Sovereign Immunities Act (“FSIA”) is the primary domestic statute codifying foreign sovereign immunity—the immunity that foreign nations enjoy in U.S. courts. With scattered exceptions, questions involving foreign immunity outside of FSIA are matters of federal common law. Those questions include foreign-official immunity, whose importance has increased dramatically as the international travel of foreign… Continue reading

Scott Dodson on Beyond Bias in Diversity Jurisdiction

Published on: Author: Chimene Keitner

The creation of the federal courts was an exercise in nation-building. Delegates to the Constitutional Convention worried that unduly expansive federal jurisdiction would suggest mistrust of, and eventually eclipse, state courts. An elusive quest to ensure impartiality pulled in the opposite direction, with the specter of state-court bias against out-of-state defendants animating the desire to… Continue reading

Robin Feldman on High Drug Prices

Published on: Author: Jaime King

In trying to promote innovation and competition in pharmaceutical drugs, America has allowed the pharmaceutical industry to increase prices well beyond what other developed countries pay and the market should bear. While a majority of Americans say that prescription drugs have made their lives better in the last ten years, nearly 80% find the price… Continue reading