UCHastings Instagram

          UC Hastings Moot Court goes three rounds at Prince Evidence Competition, brings home major hardware.
          Instagram Photo Likes sunny__mann, fashionesq, esalg_002 and 18 others like this.
          Friday, November 02, 2012

          Fourth Circuit relies on Professor Chimene Keitner Articles

          On November 2, the U.S. Court of Appeals for the Fourth Circuit relied on two articles by Professor Chimene Keitner in Yousuf v. Samantar, an important decision on foreign official immunity. Victims of human rights abuses in Somalia sued Samantar, its former prime minister and defense minister, in federal district court in Virginia, where Samantar currently lives. In 2010, the U.S. Supreme Court held that Samantar’s immunity was not governed by the Foreign Sovereign Immunities Act and remanded to the district court to decide whether he was immune from suit under federal common law. The U.S. State Department filed a determination that Samantar was not immune, to which the district court deferred. On appeal, the Fourth Circuit relied on Professor Keitner for the proposition that courts should defer to the Executive on questions of status-based immunity (e.g. head-of-state immunity), but like her, the court distinguished questions of conduct-based immunity, on which the Executive’s determinations were entitled only to substantial weight. On the merits, the court held that foreign officials are not entitled to conduct-based immunity for violations of jus cogens norms like torture and extrajudicial killing, which can never be considered “official acts.” Professor Keitner is one of the leading authorities on the law of official immunity. Her article “The Forgotten History of Foreign Official Immunity” recently appeared in the NYU Law Review.

          Go to News Archive

          Share this Story

          Share via Facebook
          Share via TwitterShare via EmailPrint Friendly Version

          Other Recent Stories/ RSS

          Friday, April 17, 2015

          3Ls Hayley Reynolds & Daniel Zarchy Win at Ninth Circuit

          Case presents novel issue of whether witness tampering is categorically a crime involving moral turpitude for purposes of federal immigration proceedings, writes Stephen Tollafield, Professor & Associate Director, Legal Writing & Moot Court Department.
          Thursday, April 16, 2015

          HAP Students Argue Police Evasion Case at Ninth Circuit

          3Ls Gregory Michael and Dorothy Yamamoto argued their pro bono case, Medina Nunez v. Holder.
          Thursday, April 16, 2015

          Thinkers & Doers: April 16, 2015

          UC Hastings community members in the news and making moves,  April 10, 2015 - April 16, 2015.
          Friday, April 10, 2015

          UC Hastings Legacy Society Celebrates at "A View From Above" Reception

          Photos and more from the Legacy Society's "A View From Above" reception, hosted by Trustee Betsy England '78.
          Thursday, April 09, 2015

          Feldman and Frondorf: Patent Trolls Are Crashing The IPO Party

          Professor Robin Feldman and Research Fellow Evan Frondorf have published a new study demonstrating that companies are often approached by patent trolls shortly before or after an IPO.
          Go to News Archive