Intelligence Law Glossary - Agency or Instrumentality of a Foreign State

Intelligence Law Library

Primary Authority

Law School Reading Materials

Downloadable .pdf Files

U.S. Intelligence Law

Primary Authority Supplements

2013 Constitutional Law Supplement for US Intelligence Law (web) (.pdf)
2013 Statutory Law Supplement for US Intelligence Law (web) (.pdf)
2013 Administrative Law Supplement for US Intelligence Law (web) (.pdf)
2013 Statutory and Administrative Law Glossary for US Intelligence Law (web) (.pdf)

Secondary Authority Course Books

Course Book for Course 1: Introduction to Legal Sources in U.S. Intelligence Law (web) (.pdf)
Course Book for Course II: Constitutional Law and Intelligence (forthcoming)
Course Book for Course III: Statutory Law and Intelligence (web) (.pdf)

Federal Criminal Law

Federal Criminal Law: Statutory Supplement (2nd Edition 2013) (web) (.pdf)
Federal Criminal Procedure: Statutory Supplement (2nd Edition 2013) (web) (.pdf)

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Law School Course 1:
Introduction to Legal Sources in U.S. Intelligence Law

Professor: David Alan Jordan
Length: 8 Hours
File Size: 111MB
iTunes RSS Feed: .xml
Download 2-Hour Sample Lesson: .mp3 (111 MBs)

Lesson 1: Introduction

1.1 General Introduction
1.2 What is U.S. Intelligence Law?
- 1.2.1 Intelligence Law Generally
- 1.2.2 “United States Person” Defined

Lesson 2: Primary Legal Authority in the Federal System

2.1 The Federal Legal System of the United States
2.2 Legal Authority Generally
2.3 The Three Fundamental Categories of Federal Law
2.4 Judicial Decisions
2.5 Concluding Remarks on Primary Legal Authority
- 2.5.1 Concluding Remarks on Primary Legal Authority

Lesson 3: Constitutional Law

3.1 Introduction to Constitutional Law
3.2 Basic Structure of the U.S. Constitution
3.3 The Preamble
- 3.3.1 Preamble Generally
3.4 The Articles
3.5 The Bill of Rights
3.6 Concluding Remarks on Constitutional Law
- 3.6.1 Concluding Remarks on Constitutional Law

Lesson 4: Statutory Law

4.1 Introduction to Statutory Law
4.2 Enactment and Publication of Federal Statutes
4.3 Statutory Law and Federal Agencies Generally
- 4.3.1 Four Broad Categories of Statutes
4.4 Organic and Enabling Statutes (U.S. Code Title 50, Chapter 15: National Security)
4.5 Framework Statutes (U.S. Code Title 50, Chapter 36: Foreign Intelligence Surveillance)
4.6 Penal Statutes (U.S. Code Title 18: Crimes and Criminal Procedure)
4.7 General Management Statutes (U.S. Code Titles 5 and 44)
4.8 Concluding Remarks on Statutory Law
- 4.8.1 Summary of Intelligence Law in the U.S. Code
- 4.8.2 Gaps in the Statutory Framework

Lesson 5: Administrative Law

5.1 Introduction to Administrative Law
5.2 Agency Rules
5.3 Presidential Rules
5.4 Congressional Rules
- 5.4.1 Branch Rules Generally
- 5.4.2 The Rules of Proceedings Clause
5.5 Court Rules
5.6 Judicial Review of Administrative Rules
- 5.6.1 Justiciability of Branch Rules
- 5.6.2 Judicial Review of Agency Rules
5.7 Administrative Rules in U.S. Intelligence Law
5.8 Concluding Remarks on Administrative Law
- 5.8.1 Conclusion of Administrative Law Section

Lesson 6: Hierarchy of Legal Sources

6.1 Hierarchy of Judicial Opinions
6.2 Priority of Blackletter Primary Authority

Lesson 7: Conclusion

7.1 Summary of Legal Sources in U.S. Intelligence Law
- 7.1.1 Introduction to Lesson 7
- 7.1.2 Summary of Primary Legal Authority in the Federal System
7.2 Concluding Remarks for Course I
- 7.2.1 Concluding Remarks for Course I

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Agency or Instrumentality of a Foreign State

Statutory Law

28 U.S.C. § 1603(b) (2010) (Title 28—Chapter 97: Jurisdictional Immunities of Foreign States)

For purposes of this chapter [28 U.S.C. §§ 1602 et seq.]—
   (b) An "agency or instrumentality of a foreign state" means any entity—
      (1) which is a separate legal person, corporate or otherwise, and
      (2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof, and
      (3) which is neither a citizen of a State of the United States as defined in section 1332(c) and (e) of this title [28 U.S.C. § 1332(c) and (e)] nor created under the laws of any third country.