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Record W1512866983

Foreign Official Immunity and the 'Baseline' Problem

2011· article· en· W1512866983 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueFordham law review · 2011
Typearticle
Languageen
FieldSocial Sciences
TopicConflict of Laws and Jurisdiction
Canadian institutionsnot available
Fundersnot available
KeywordsJurisdictionStatutory lawDoctrineLawPersonal jurisdictionPolitical scienceUniversal jurisdictionState (computer science)Common lawState immunityCustomary international lawQualified immunityInternational lawSovereign immunityPublic international lawConstitution
DOInot available

Abstract

fetched live from OpenAlex

In several recent cases, domestic courts in the United Kingdom, New Zealand, Australia, the United States, and Canada have grappled with the scope of conduct-based immunity as a matter of common law, statutory law, and customary international law. In so doing, some courts have failed to distinguish between precedents involving defendants who are physically present on the forum state’s territory and precedents involving defendants who have not been served within the jurisdiction. Insisting on this distinction might at first seem counter-intuitive, because conduct-based immunity attaches to the act, not the individual. However, all cases of immunity involve competing jurisdictional principles. When a defendant is not physically present within the forum state, there is no competing principle of territorial jurisdiction (unless the conduct occurred in the forum state, in which case most states recognize an exception to state immunity for tortious conduct that results in personal injury or death or property damage or loss). When a defendant is physically present within the forum state, a competing principle of plenary jurisdiction over territory must be taken into account. In these cases, conduct-based immunity might not preclude the exercise of adjudicatory jurisdiction, leaving it to other abstention doctrines (such as the political question doctrine and the act of state doctrine) to curb the exercise of adjudicatory jurisdiction where appropriate.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: none
Teacher disagreement score0.980
Threshold uncertainty score0.995

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0030.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.052
GPT teacher head0.305
Teacher spread0.253 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it