Foreign States Are Foreign States: Why Foreign State-Owned Corporations Are Not Persons Under the Due Process Clause

If foreign states are not persons under the Due ProcessClause, do foreign state-owned corporations still enjoy thesame protections as their privately owned counterparts?This is an important question because state-owned entitiesare a prevalent fixture in an increasingly global economy.Courts confronted with the issue, however, have attemptedto resolve it by resorting to a policy-based analysis. Indoing so, they have distorted fundamental constitutionalprinciples.This Note explains this distortion by discussing thetrend among leading courts of not recognizing states as persons under the Due Process Clause and by examiningthe meaning of foreign state under the Constitution andthe history of the foreign sovereign immunity doctrine.Scholars who have addressed the issue take the positionthat if a state-owned corporation behaves as anindependent juridical entity it should be treated as itsprivate counterpart for due process purposes. This Noteexplains that, although such a position makes sense forpolicy purposes, all state-owned corporations areindistinguishable from their state owner for constitutionalpurposes. As a result, if foreign states are not \u27persons, neither are the entities they own, regardless of how theybehave. The remedy, therefore, lies not through theJudiciary but through legislative amendment of theForeign Sovereign Immunities Act

Whitney Numbers of the Second Kind for the Star Poset

The integers W0, ..., Wt are called Whitney numbers of the second kind for a ranked poset if Wk is the number of elements of rank k. The set of transpositions T = {(1, n), (2, n), ..., (n - 1, n)} generates Sn, the symmetric group. We define the star poset, a ranked poset the elements of which are those of Sn and the partial order of which is obtained from the Cayley graph using T. We characterize minimal factorizations of elements of Sn as products of generators in T and provide recurrences, generating functions and explicit formulae for the Whitney numbers of the second kind for the star poset

SYMPOSIUM CIVIL RIGHTS OR CIVIL WANTS?

This Volume\u27s Symposium commemorates the FiftiethAnniversary of Desegregation at the University of Georgia. OnMonday, January 9, 1961, two brave, African-American students-Mr. Hamilton Holmes and Ms. Charlayne Hunter-registered forclasses on North Campus. Just three days before-and after alengthy court battle-U.S. District Judge William Bootle held inHolmes v. Danner that the students were fully qualified forimmediate admission and would already have been admitted hadit not been for their race and color. Since that historic moment,UGA and the rest of our country have taken great strides toprovide equal opportunities to all. Yet, many civil rights issuespersist in education and elsewhere.On August 26, 2011, the Georgia Law Review hosted aSymposium Conference inspired by the University\u27s yearlongcelebration of its desegregation. The Conference-entitled CivilRights or Civil Wants?-provided a venue for prominent academicsand lawyers from across the country to discuss the civil rightsissues of today and tomorrow. This Symposium Issue continuesthat discussion by providing in print the scholarship that drovethe dialogue at the Conference. Rather than take on a narrowslice of the debate, the Georgia Law Review thought this FiftiethAnniversary marked a unique opportunity to examine how oursociety\u27s conception of and dialogue on civil rights has broadenedto often include non-traditional civil rights issues. As such, inaddition to examining the current state of education, thisSymposium looks at some of today\u27s other important civil rightsissues, particularly in the contexts of immigration, information privacy, and international law after the September 11, 2011,terrorist attacks