Religion and the Foreign Sovereign Immunities Act

[Friedman, Howard M.]

Here is a link to some discussion of the case on Religion Clause blog.
http://religionclause.blogspot.com/2006/06/vatican-loses-sovereign-immun
ity-claim.html
That posting also links to some further discussion on Mirror of Justice
blog.

*************************************
Howard M. Friedman 
Disting. Univ. Professor Emeritus
University of Toledo College of Law
Toledo, OH 43606-3390 
Phone: (419) 530-2911, FAX (419) 530-4732 
E-mail: howard.friedman at utoledo.edu 
************************************* 

-----Original Message-----
From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Thursday, June 15, 2006 10:05 AM
To: Law & Religion issues for Law Academics
Subject: Religion and the Foreign Sovereign Immunities Act 

I haven't yet had a chance to read this case noted by Westlaw Bulletin,
but I wonder if others on the list -- especially others who know
something about the FSIA -- might have, and might have some thoughts on
it.

  "The Holy See's alleged conduct of placing a Catholic priest it knew
to be a child molester in a position in which he would have access to
minors, without warning the parishioners, was not the type of judgment
that the discretionary function exception to the tortious activity
exception to the Foreign Sovereign Immunities Act (FSIA) was designed to
shield. Therefore, the discretionary function exception did not apply to
preclude a negligence action against the Holy See, brought by an alleged
victim of abuse by the priest. The Holy See's conduct did not represent
a choice based on plausible policy considerations."

Doe v. Holy See, 2006 WL 1549406 (D. Or.)
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