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Litigation Seeking to Establish Climate Change Impacts as a Common Law Nuisance
This report discusses recent legislative initiatives seeking to establish climate change impacts as a common law nuisance. The report explains what private and public nuisances are, the issues faced by policymakers when litigating a climate-change/nuisance suit, and also discusses five climate-chance/nuisance suits that are now or formerly active, as a basis of comparison. The report also explores arguments of those both for and against addressing the complex issue of climate change through common law suits.
Samantar v. Yousef: The Foreign Sovereign Immunities Act and Foreign Officials
On June 1, 2010, the U.S. Supreme Court decided unanimously in Samantar v. Yousef that the Foreign Sovereign Immunities Act (FSIA), which governs the immunity of foreign states in U.S. courts, does not apply in suits against foreign officials. The report also addresses legislation considered by the 111th Congress that would have affected the immunity of foreign officials (the Justice Against Sponsors of Terrorism Act, S. 2930, 111th Cong.).
[News Clip: Nick Nolte]
Video footage from the KXAS-TV/NBC station in Fort Worth, Texas, to accompany a news story.
It Belongs in a Museum: Sovereign Immunity Shields Iranian Antiquities Even When It Does Not Protect Iran
This report discusses the Supreme Court's decision in the case of "Rubin v. Islamic Republic of Iran" where the court ruled that the Foreign Sovereign Immunities Act (FSIA) did not permit U.S. victims of Iran-sponsored terrorist attacks to seize a collection of Persian antiquities on loan from Iran to a museum at the University of Chicago. The background of the case and case law about the FSIA is also discussed.
Congressional Participation in Article III Courts: Standing to Sue
This report seeks to provide an overview of Congress's ability to participate in litigation before Article III courts. The report is limited to a discussion of Congress's participation in litigation as either a plaintiff (e.g., the party initiating the suit alleging some sort of harm or violation of law) or as a third-party intervener (e.g., a party who is seeking to join litigation already initiated by another plaintiff).
Suits Against Terrorist States by Victims of Terrorism
This report provides background on the doctrine of State immunity and the Foreign Sovereign Immunities Act (FSIA); details the evolution of the terrorist State exception and some of the resulting judicial decisions; describes legislative efforts to help claimants satisfy their judgments; summarizes the decision in the hostages' suit against Iran and Congress's efforts to intervene; summarizes what has happened with Iraq's assets, and provides an overview of proposed legislation.
Suits Against Terrorist States by Victims of Terrorism
This report provides background on the doctrine of State immunity and the Foreign Sovereign Immunities Act (FSIA); details the evolution of the terrorist State exception and some of the resulting judicial decisions; describes legislative efforts to help claimants satisfy their judgments; summarizes the decision in the hostages' suit against Iran and Congress's efforts to intervene; summarizes what has happened with Iraq's assets, and provides an overview of proposed legislation
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?
This report provides background on the Google Library Project, legal issues raised by digitization and indexing projects, and the proposed settlement between Google and rights holders.
Federal Tort Claims Act
The Federal Tort Claims Act is the statute by which the United States authorizes tort suits to be brought against itself. With exceptions, it makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred. This report discusses, among other things, the application of the Feres doctrine to suits for injuries caused by medical malpractice in the military, the prohibition of suits by victims of atomic testing, Supreme Court cases interpreting the discretionary function exception, the extent to which federal employees may be held liable for torts they commit in the scope of their employment, and the government contractor defense to products liability design defect suits.
Statutes of Limitation in Federal Criminal Cases: An Overview
This report discusses federal statutes of limitations on crimes with a list of circumstances that can suspend those limits. A list of federal statutes of limitation in criminal cases and a rough chart of comparable state provisions are provided in this report.
Chinese Missile and Nuclear Proliferation: Issues for Congress
Congressional Research Service: Chinese Missile and Nuclear Proliferation: Issues for Congress
Fairness in Asbestos Injury Resolution Act of 2005 (H.R. 1360, 109th Congress)
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Suits Against Terrorist States by Victims of Terrorism
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Suits Against Terrorist States
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Lawsuits Against State Supporters of Terrorism: An Overview
A 1996 amendment to the Foreign Sovereign Immunities Act (FSIA) enables American victims of international terrorist acts supported by certain States designated by the State Department as supporters of terrorism - Cuba, Iran, North Korea, Sudan, Syria, and previously Iraq and Libya - to bring suit in U.S. courts to seek monetary damages. This report, which will be updated, provides an overview of these issues and relevant legislation (H.R. 5167).
Lawsuits Against State Supporters of Terrorism: An Overview
A 1996 amendment to the Foreign Sovereign Immunities Act (FSIA) enables American victims of international terrorist acts supported by certain States designated by the State Department as supporters of terrorism - Cuba, Iran, North Korea, Sudan, Syria, and previously Iraq and Libya - to bring suit in U.S. courts to seek monetary damages. This report, which will be updated, provides an overview of these issues and relevant legislation (H.R. 5167).
The Google Book Search Project: Is Online Indexing a Fair Use Under Copyright Law?
This report provides background on the pending litigation. Google, Inc. is digitally scanning the collections of several prominent libraries in order to create a vast searchable database of literary works. Copyright holders who have not authorized and object to the digitization have filed suit against the company.
The Pigford Case: USDA Settlement of a Discrimination Suit by Black Farmers
On April 14, 1999, Federal District Court Judge Paul L. Friedman approved a settlement agreement and consent decree resolving a class action discrimination suit (commonly known as the Pigford case) between the U.S. Department of Agriculture and black farmers. This report highlights some of the events that led up to the Pigford class action suit and outlines the structure of the settlement agreement. It also discusses the number of claims reviewed, denied, and awarded, and some of the issues raised by various parties.
The Pigford Case: USDA Settlement of a Discrimination Suit by Black Farmers
This report highlights some of the events that led up to the Pigford class action suit and outlines the structure of the settlement agreement. It also discusses the number of claims reviewed, denied, and awarded, and some of the issues raised by various parties.
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