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  • Introduction to the Second Edition
  • Edited by Scott Dodson
  • Book: The Legacy of Ruth Bader Ginsburg
  • Published online: 03 March 2022
  • Print publication: 10 March 2022, pp 1-2
  • View extract

    Summary

    When Ruth Bader Ginsburg died, on September 18, 2020, at the age of eighty-seven, she left behind a multifaceted legacy. Some parts of that legacy will endure. In particular, her pathmarking case United States v. Virginia will forever be a staple of constitutional law and a permanent step toward gender equality under the law. On a more general level, her long career pressing for gender equality as a professor, lawyer, judge, and justice have laid a foundation for continuing advancement in the broader social fabric of the nation.

  • 10 - A Revolution in Jurisdiction
  • from Part III - Structuralism
    • By
  • Edited by Scott Dodson
  • Book: The Legacy of Ruth Bader Ginsburg
  • Published online: 03 March 2022
  • Print publication: 10 March 2022, pp 127-138
  • View extract

    Summary

    Most people view Ruth Bader Ginsburg as a pioneer of women’s equality under the law, and for good reason. Her pathmarking work with the American Civil Liberties Union (ACLU) litigating sex discrimination cases, her seminal opinions for the Supreme Court in sex discrimination cases, and her social sensitivity to gender issues all shaped both the law and America’s social customs with respect to gender.

  • Coda
  • from Part IV - The Jurist
    • By
  • Edited by Scott Dodson
  • Book: The Legacy of Ruth Bader Ginsburg
  • Published online: 03 March 2022
  • Print publication: 10 March 2022, pp 214-217
  • View extract

    Summary

    As editor of this volume, I find myself in the enviable position of now possessing a wealth of perspectives on Ruth Bader Ginsburg. I hope to use that position to offer a very brief synthesis of the insights from these chapters and to pose some concluding reflections.

The Legacy of Ruth Bader Ginsburg
  • The Legacy of Ruth Bader Ginsburg
  • 2nd edition
  • Edited by Scott Dodson
  • Published online: 03 March 2022
  • Print publication: 10 March 2022
  • View description
    Ruth Bader Ginsburg was a legal icon. In more than four decades as a lawyer, professor, appellate judge, and Associate Justice of the US Supreme Court, Ginsburg influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg made over the last half-century. Including chapters written by prominent court-watchers and leading scholars from law, political science, and history, the book offers diverse perspectives on an array of doctrinal areas and different periods in Ginsburg's career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law. This updated second edition features a new foreword from Supreme Court Justice Stephen G. Breyer and a new introduction from the editor Scott Dodson.
  • Jam v. International Finance Corp.
  • Part of
  • Chimène I. Keitner, Scott Dodson
  • Journal: American Journal of International Law / Volume 113 / Issue 4 / October 2019
  • Published online by Cambridge University Press: 18 October 2019, pp. 805-811
  • Print publication: October 2019
    • Article
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    In Jam v. International Finance Corp., the U.S. Supreme Court held that the International Organizations Immunities Act of 1945 (IOIA) affords international organizations (IOs) the same immunity from suit in U.S. courts that foreign governments currently enjoy under the Foreign Sovereign Immunities Act of 1976 (FSIA), which codifies the restrictive theory of foreign sovereign immunity. The International Finance Corporation (IFC) had argued that the IOIA, which grants international organizations the “‘same immunity’ from suit … ‘as is enjoyed by foreign governments’” (p. 15), should be understood to provide international organizations with absolute immunity, which it argued foreign governments enjoyed prior to the United States’ explicit adoption of the restrictive theory in 1952. Under the restrictive theory, a foreign state is immune from suit for its sovereign acts (acta jure imperii), but not for its commercial acts (acta jure gestionis). By interpreting language in the IOIA as granting the “same immunity” to international organizations as foreign governments enjoy at the time the suit is filed, the Supreme Court aligned the regime for IO immunity with that of foreign state immunity, except in cases where the IO's founding charter provides a different rule or where the executive branch has explicitly limited immunity. It remains to be seen what IO activities are deemed “commercial” under this regime and what types of transactions are found to have a sufficient nexus to the United States to fall within the FSIA's commercial-activity exception.

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