Ingrid Wuerth, Professor of law at Vanderbilt Law School and friend of Letters Blogatory (you can follow her at @WuerthIngrid on Twitter), has an important new forthcoming paper on foreign states’ status as “persons” under the Due Process Clause of the Fifth Amendment. I’m very happy that she’s previewing her paper here at Letters Blogatory. The basic claim is that foreign states should be treated as persons under the Fifth Amendment, and that even if the FSIA purports to give the courts personal jurisdiction in any FSIA case in which an exception to immunity does not apply, the courts must still do a constitutional analysis. There are some claims, she writes, where a foreign state probably is not subject to personal jurisdiction, e.g., terrorism…

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