UCHastings Instagram

Barrister's Ball
Instagram Photo Likes thoffany, jaybeedoe, exnowayyy and 12 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, October 24, 2014

Thinkers & Doers: October 24, 2014

UC Hastings community members in the news and making moves October 18 - 24, 2014.
Thursday, October 23, 2014

Amicable Outcomes from Litigation and Alumni-Student Mentoring

A story of a non-contentious courtroom drama leads to 3L Miles Winder’s dream job offer.
Wednesday, October 22, 2014

Jodie Allison Smith ‘14 Wins ABA Writing Award

“Long Term Thinking in the Judiciary: Might Judges Mitigate Political Paralysis?” examines the judicial branch’s ability to bring long-term thinking into matters of public law.
Tuesday, October 21, 2014

Passionate About Deaf Issues: 5 Qs for Alice McGill '91

Alice McGill is the Deputy Director at NorCal Services for Deaf and Hard of Hearing in Sacramento, California.
Thursday, October 16, 2014

3L Robert Graham: City Bank Project is Alternate Housing Crisis Fix

"My upbringing and public interest background has taught me that affordable housing is intertwined with other social and fiscal issues—like a child’s access to quality education and a working family’s ability to earn a living wage."
Go to News Archive