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Article: Separation of powers - foreign sovereign immunity - Second Circuit uses political question doctrine to hold claims against Austria nonjusticiable under foreign sovereign immunity act.(Case note)
- Article from:
- Harvard Law Review
- Article date:
- May 1, 2006
CopyrightCOPYRIGHT 2006 Harvard Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In recent years, a wave of litigation seeking damages for grave harms committed in foreign lands has forced U.S. courts to consider the impact of their decisions in the quintessentially political realm of foreign policy. (1) The Supreme Court has not closed its doors to cases touching on foreign affairs; after all, separation of powers dictates that courts avoid "political questions," not "political cases." (2) But in the 2004 Term, the Court cryptically hinted that when the executive branch expresses a foreign policy interest in a suit's dismissal, deference to that view may be appropriate on a case-by-case basis. (3) Recently, in Whiteman v. Dorotheum GMBH & Co., (4) ...