Policy Practicum: Drafting a Foreign Sovereign Anti-SLAPP Statute

Catalog description

Client: Neukom Center for the Rule of Law. It's almost impossible to sue a foreign government in U.S. courts. The Foreign Sovereign Immunities Act, the court-created "act of state" doctrine, and other common-law immunities shield foreign officials and governments from most lawsuits. For instance, courts have dismissed claims against China, Cuba, Venezuela, and Russia over allegations of torture, detentions, and election interference. Yet foreign governments have unfettered access to U.S. courts as plaintiffs. And foreign dictatorships--including Russia, China, Turkey, and Venezuela--have leveraged this access to harass political dissidents, critics, and even newspapers in the United States. These doctrines create an asymmetry: foreign dictators and their proxies can access our courts as plaintiffs to harass their opponents, but their regimes are, in turn, immune from lawsuits here. Congress and the U.S. China Commission have asked the Neukom Center for the Rule of Law to propose a bill that would remedy this asymmetry. The policy lab will focus on researching and drafting proposed bill language to present to Congress. The lab will need students who are knowledgeable about statutory interpretation and are ready to research jurisdictional and foreign relations law questions. We plan to enroll no more than four students by consent of the instructor. Elements used in grading: Attendance, performance, class participation, and written assignments. CONSENT APPLICATION: To apply for this course, students must submit a Consent Application Form at SLS Registrar https://registrar.law.stanford.edu/. See the Consent Application Form for instructions and the submission deadline.