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Case Citations [i] (Fall 2023)

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                              THE   AMERICAN
                              LAW INSTITUTE


                                     Fall 2023 Citations



      THE FOREIGN RELATIONS LAW OF THE

                          UNITED STATES 3D



     PART  I. INTERNATIONAL LAW AND ITS RELATION TO UNITED STATES LAW

           CHAPTER 1.   INTERNATIONAL LAW: CHARACTER AND SOURCES

§ 102. Sources of International Law

D.Idaho, 2022. Subsec. (2) quot. in case quot. in sup. City residents, business owners, customers, and
advocacy group sued city and mayor, alleging that defendants violated plaintiffs' Fourteenth
Amendment  substantive due-process rights by enforcing mask mandates during the COVID-19
pandemic. This court, among other things, granted defendants' motion to dismiss, holding that
defendants' mask mandate was rationally related to the legitimate government interest of maintaining
public health and safety. The court rejected plaintiffs' assertion that the mask mandates violated their
rights arising from international jus cogens norms against nonconsensual human experimentation, as
defined by Restatement Third of Foreign Relations Law § 102(2), and explained that mask mandates
were not human experiments. Health Freedom Defense Fund, Inc. v. City of Hailey, Idaho, 590
F.Supp.3d 1253, 1266.



                       PART  IV. JURISDICTION AND JUDGMENTS

             CHAPTER 4.   JURISDICTION AND THE LAW OF OTHER STATES

                     SUBCHAPTER A. FOREIGN STATE COMPULSION

§ 441. Foreign State Compulsion

Del.Ch.2022. Cit. in sup. In widow's action for fraud against, among others, Swiss attorney who had
been named as executor of testator's estate, widow filed a motion for issuance of a letter of request to
Swiss central authorities, seeking their assistance in obtaining certain documents stored on attorney's
electronic devices, which prosecutors had seized in connection with a criminal investigation of attorney.
This court granted widow's motion, holding that several factors, including the degree of specificity of
widow's request and the availability of documents related to attorney's fraud, weighed in favor of
finding that imposing a burden on the Swiss government was appropriate in the instant case. Citing
Restatement Third of Foreign Relations Law §§ 441 and 442, the court explained that widow's request
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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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