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

          Monday, October 24, 2016

          UC Hastings Professors Witness History in Bogota, Colombia

          As the world was focused on Colombia, UC Hastings Professors Naomi Roht-Arriaza and Richard Marcus were there to witness history.
          Friday, October 21, 2016

          Innovative gift from tech startup accelerator Hackers/Founders supports UC Hastings Startup Legal Garage

          "Being able to face these issues with a law school that's doing cutting-edge work is invaluable.” - Hackers/Founders CEO Jonathan Nelson
          Tuesday, October 18, 2016

          Tenderloin Community Benefit District Appoints UC Hastings 3L to Board of Directors

          Improving the sidewalks means more than cleaning services, says 3L Peter Stevens, tenants rights advocate and proud Tenderloin resident.
          Monday, October 10, 2016

          2L Briana Desch spearheads new Tenderloin Community Outreach Board for ASUCH

          Student task force dedicated to establishing relationships with the Tenderloin community.
          Monday, October 10, 2016

          Manuel v. City of Joliet: Don’t forget “unreasonable” in the Fourth Amendment

          Analysis by Professor Rory Little
          Go to News Archive