To resolve the dictators’ asymmetry, Congress should adopt a Foreign Sovereign Anti-SLAPP statute and amend the FSIA. Courts should also interpret FSIA exceptions broadly, and reform the act of state doctrine and foreign official immunity.
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Courts should probably not discriminate by regime type because it would raise problems of administrability, separation of powers, and would be over- and under-inclusive.
There is no historical, constitutional, or statutory obligation on U.S. courts to give foreign dictators legal protections and unfettered access to our courts.
The combination of three doctrinal areas in foreign relations law gives dictators free access to U.S. courts as plaintiffs and an array of protections when they are defendants.