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Case Citations [i] (July 2016 through April 2017)

handle is hein.ali/resfrlus0041 and id is 1 raw text is: THE FOREIGN RELATIONS LAW OF THE UNITED STATES 2D INTRODUCTION § 4. State Defined C.A.2, 2016. Cit. in case cit. in sup. Victims of terrorist attacks linked to the Islamic Republic of Iran, against which victims held unsatisfied money judgments, asserted jurisdiction under the Foreign Sovereign Immunities Act (FSIA) in order to bring a claim to enforce these judgments against New York-based companies with connections to Iran. The district court entered summary judgment for plaintiffs. Reversing, this court held that because defendants lacked many of the attributes of statehood, including a defined territory and population, self-governance and foreign relations, and the capacity to wage war and to enter into international agreements, defendants did not qualify as a foreign state under the FSIA. In construing the term foreign state, the court looked to the definition of state set forth in Restatement Second of Foreign Relations Law § 4. Kirschenbaum v. 650 Fifth Avenue and Related Properties, 830 F.3d 107, 124. PART I. JURISDICTION CHAPTER 2. BASES OF JURISDICTION TOPIC 4. PROTECTION OF OTHER STATE INTERESTS § 33. Protective Principle C.A.11, 2016. Subsec. (1) quot. in sup. After a jury convicted criminal defendant of sex trafficking, the district court sentenced defendant to a term of imprisonment and ordered him to pay restitution to his victims; however, the district court refused to award restitution to a victim of defendant's sex trafficking in Australia, based on its determination that it would be unconstitutional to enforce a federal statute providing that federal courts had extraterritorial jurisdiction over sex trafficking by a noncitizen who was present in the United States. This court vacated in part and remanded with an instruction for the district court to increase defendant's restitution obligation, holding that Congress had the constitutional authority to punish sex trafficking by force, fraud, or coercion that occurred overseas. The court reasoned, in part, that the exercise of extraterritorial jurisdiction over defendant was consistent with the protective principle of international law set forth in Restatement Second of Foreign Relations Law § 33. U.S. v. Baston, 818 F.3d 651, 670. A L I uFor earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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