The Experts below are selected from a list of 11658 Experts worldwide ranked by ideXlab platform

Jack L Goldsmith - One of the best experts on this subject based on the ideXlab platform.

  • foreign sovereign immunity individual officials and human rights litigation
    The Green Bag, 2010
    Co-Authors: Curtis A Bradley, Jack L Goldsmith
    Abstract:

    OR THIRTY YEARS, international human rights litigation in U.S. courts has developed with little attention to a lurking doctrinal objection to the Entire Enterprise. The paradigm international human rights case involves a suit against a foreign government official for alleged abuses committed abroad under color of state law. A potentially dispositive objection to this litigation is foreign sovereign immunity. The Foreign Sovereign Immunities Act (FSIA) creates presumptive immunity for foreign states and has no exception that would cover human rights cases. Many courts have assumed that the FSIA has no relevance to human rights suits as long as they are directed against state officials rather than the state itself. Recently, however, courts have begun to reject this assumption, and the issue is now before the Supreme Court in Yousuf v. Samantar. This essay makes two contributions to the debate over whether the FSIA applies to suits against individual foreign officials. First, it

  • foreign sovereign immunity individual officials and human rights litigation
    Social Science Research Network, 2009
    Co-Authors: Curtis A Bradley, Jack L Goldsmith
    Abstract:

    For thirty years, international human rights litigation in U.S. courts has developed with little attention to a lurking doctrinal objection to the Entire Enterprise. The paradigm international human rights case involves a suit against a foreign government official for alleged abuses committed abroad under color of state law. A potentially dispositive objection to this litigation is foreign sovereign immunity. The Foreign Sovereign Immunities Act (FSIA) creates presumptive immunity for foreign states and has no exception that would cover human rights cases. Many courts have assumed that the FSIA has no relevance to human rights suits as long as they are directed against state officials rather than the state itself. Recently, however, courts have begun to reject this assumption, and the issue is now before the Supreme Court in Yousuf v. Samantar. This essay makes two contributions to the debate over whether the FSIA applies to suits against individual foreign officials. First, it shows that, contrary to what some courts have assumed, suits against individual officials fall naturally within the plain language of the FSIA’s immunity provisions. Second, it shows that the international law of state immunity, which is relevant to the proper interpretation of the FSIA in several ways, supports this construction. Combining these and other points, the essay concludes that the FSIA confers presumptive immunity in suits against state officials, including former state officials, for their official acts committed while in office, and that this immunity applies even in human rights cases. This conclusion, if accepted, would narrow the scope of human rights litigation in U.S. courts, but it would not affect other legitimate mechanisms of human rights accountability.

Curtis A Bradley - One of the best experts on this subject based on the ideXlab platform.

  • foreign sovereign immunity individual officials and human rights litigation
    The Green Bag, 2010
    Co-Authors: Curtis A Bradley, Jack L Goldsmith
    Abstract:

    OR THIRTY YEARS, international human rights litigation in U.S. courts has developed with little attention to a lurking doctrinal objection to the Entire Enterprise. The paradigm international human rights case involves a suit against a foreign government official for alleged abuses committed abroad under color of state law. A potentially dispositive objection to this litigation is foreign sovereign immunity. The Foreign Sovereign Immunities Act (FSIA) creates presumptive immunity for foreign states and has no exception that would cover human rights cases. Many courts have assumed that the FSIA has no relevance to human rights suits as long as they are directed against state officials rather than the state itself. Recently, however, courts have begun to reject this assumption, and the issue is now before the Supreme Court in Yousuf v. Samantar. This essay makes two contributions to the debate over whether the FSIA applies to suits against individual foreign officials. First, it

  • foreign sovereign immunity individual officials and human rights litigation
    Social Science Research Network, 2009
    Co-Authors: Curtis A Bradley, Jack L Goldsmith
    Abstract:

    For thirty years, international human rights litigation in U.S. courts has developed with little attention to a lurking doctrinal objection to the Entire Enterprise. The paradigm international human rights case involves a suit against a foreign government official for alleged abuses committed abroad under color of state law. A potentially dispositive objection to this litigation is foreign sovereign immunity. The Foreign Sovereign Immunities Act (FSIA) creates presumptive immunity for foreign states and has no exception that would cover human rights cases. Many courts have assumed that the FSIA has no relevance to human rights suits as long as they are directed against state officials rather than the state itself. Recently, however, courts have begun to reject this assumption, and the issue is now before the Supreme Court in Yousuf v. Samantar. This essay makes two contributions to the debate over whether the FSIA applies to suits against individual foreign officials. First, it shows that, contrary to what some courts have assumed, suits against individual officials fall naturally within the plain language of the FSIA’s immunity provisions. Second, it shows that the international law of state immunity, which is relevant to the proper interpretation of the FSIA in several ways, supports this construction. Combining these and other points, the essay concludes that the FSIA confers presumptive immunity in suits against state officials, including former state officials, for their official acts committed while in office, and that this immunity applies even in human rights cases. This conclusion, if accepted, would narrow the scope of human rights litigation in U.S. courts, but it would not affect other legitimate mechanisms of human rights accountability.

John A Zachman - One of the best experts on this subject based on the ideXlab platform.

  • the Enterprise and its architecture ontology challenges
    Journal of Computer Information Systems, 2013
    Co-Authors: Leon A Kappelman, John A Zachman
    Abstract:

    Enterprise Architecture (EA) is a set of concepts and practices based on holistic systems thinking, principles of shared language, and the long-standing disciplines of engineering and architecture. EA represents a change in how we think about and manage information technologies (ITs) and the organizations they serve. Many existing organizational activities are EA-type activities, but done in isolation, by different groups, using different tools, models, and vernaculars. EA is about bridging the chasms among these activities, from strategy to operations, and better aligning, integrating, optimizing, and synergizing the whole organization. This article: (1) posits that EA is about the architecture of the Entire Enterprise including its ITs; (2) describes an ontology for the information needed to holistically define and represent that architecture; and (3) asserts that this raises significant challenges for information system (IS) professionals, educators, and researchers who, like those in most other discip...

Scott Springman - One of the best experts on this subject based on the ideXlab platform.

  • integration of the Enterprise electronic health record and anesthesia information management systems
    Anesthesiology Clinics, 2011
    Co-Authors: Scott Springman
    Abstract:

    Fewer than 5% of anesthesia departments use an electronic medical record (EMR) that is anesthesia specific. Many anesthesia information management systems (AIMS) have been developed with a focus only on the unique needs of anesthesia providers, without being fully integrated into other electronic health record components of the Entire Enterprise medical system. To understand why anesthesia providers should embrace health information technology (HIT) on a health system-wide basis, this article reviews recent HIT history and reviews HIT concepts. The author explores current developments in efforts to expand Enterprise HIT, and the pros and cons of full Enterprise integration with an AIMS.

Leon A Kappelman - One of the best experts on this subject based on the ideXlab platform.

  • the Enterprise and its architecture ontology challenges
    Journal of Computer Information Systems, 2013
    Co-Authors: Leon A Kappelman, John A Zachman
    Abstract:

    Enterprise Architecture (EA) is a set of concepts and practices based on holistic systems thinking, principles of shared language, and the long-standing disciplines of engineering and architecture. EA represents a change in how we think about and manage information technologies (ITs) and the organizations they serve. Many existing organizational activities are EA-type activities, but done in isolation, by different groups, using different tools, models, and vernaculars. EA is about bridging the chasms among these activities, from strategy to operations, and better aligning, integrating, optimizing, and synergizing the whole organization. This article: (1) posits that EA is about the architecture of the Entire Enterprise including its ITs; (2) describes an ontology for the information needed to holistically define and represent that architecture; and (3) asserts that this raises significant challenges for information system (IS) professionals, educators, and researchers who, like those in most other discip...