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55 Am. J. Legal Hist. 465 (2015)
The Tate Letter: Some Words regarding Its Authorship

handle is hein.journals/amhist55 and id is 479 raw text is: 


  The Tate Letter: Some

  Words Regarding Its

  Authorship


  by   ROBERT M. JARVIS*




On  May  19, 1952, Jack B. Tate signed what  has become   known   as
the Tate Letter.' The Letter announced  that the U.S. Department
of State was  abandoning   its longstanding recognition of the  doc-
trine of absolute sovereign  immunity,  thereby freeing plaintiffs to
sue foreign governments   for their commercial  acts.2 In 1976, Con-
gress placed  its imprimatur on  the Letter by enacting the  Foreign
Sovereign  Immunities  Act.3
   At the time of the Letter's issuance, Tate was the State Depart-
ment's  Acting Legal Adviser. A 1926  graduate  of Yale Law  School,
Tate had  been  a federal employee   for decades,  dividing his time
among   various agencies. In 1953, he  left the government  and  en-
tered  academia.  After a brief stay at New  York University, he re-
turned  to  Yale and  served  as associate  dean  and  professor  of
international law until his death in 1968.4






  * Professor of Law, Nova Southeastern University(jarvisb@nsu.law.nova.edu).
Chair of the Advisory Board of the American Journal of Legal History. Thanks are
due to Jim Armistead (Harry S.Truman Library and Museum); Amy Garrett (Office of
the Historian-U.S. Department of State); Mark Temelko (Office of Public Affairs-
Yale Law School); and genealogists Rachal Mills Lennon and Lisa Stansbury Morgan.
The photographs of Jack B. Tate and Conrad E. Snow that accompany this essay are
reproduced with the permission of, respectively, Yale Law School and the Harry S.
Truman Library and Museum (with further credit to the U.S. Army Signal Corps).
  I See Jack B. Tate, Changed Policy Concerning the Granting of Sovereign Immunity
to Foreign Governments, 26 DEP'T STATE BULL. 984 (1952).
  2 See William W. Bishop, Jr., New United States Policy Limiting Sovereign Immun-
ity, 47 AM. i. INT'L L. 93 (1953).
  3 See 28 U.S.C. §§ 1330, 1602-1611. The path from the Letter to the FSIA is recounted
in Ruth Donner, The Tate Letter Revisited, 9 WILLAMETTE J. INT'L L & DISP. RESOL. 27 (2001).
  4 See Dean Jack B. Tate, 1902-1968, 14 Yale L. Rep. 1 (Summer 1968); Jack B. Tate,
65, A Yale Law Dean: Ex-State Department Aide and Professor is Dead, N.Y. TIMES, Mar.
22, 1968, at 47; OGC Key Personnel Archive-1937-1939 and 1940-1947: Former Gen-
eral Counsel Jack B. Tate, at http://www.hhs.gov/ogc/personnel/tatebio.html.


OThe Author 2015. Published by Oxford University Press. All rights reserved.
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