UCHastings Instagram

          Videos of the 135th #UCHastings Commencement speeches coming soon to Facebook. #uch2016 #uchastingsalumni @uchastingsalumni
          Instagram Photo Likes cmles, kphizz, alexagshapiro and 36 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, May 27, 2016

          Prof. Veena Dubal's Objection on behalf of Uber Drivers featured in LA Times

          "When lawyer Veena Dubal heard last month that Uber drivers seeking to be recognized as employees rather than independent contractors might settle their class-action lawsuit before it went to trial, she cried."
          Tuesday, May 17, 2016

          UC Hastings Graduates Earn Certificates in Child Advocacy

          Olivia Mendoza, Jeanette Acosta, and Grecia Ceja '16 recognized by Legal Services for Children.
          Tuesday, May 17, 2016

          How To Conduct Investigative Interviews

          Tips From Staci Dresher '03, Private Eye
          Tuesday, May 17, 2016

          Staci Dresher '03: From Lawyer to Global Private Eye

          “Facts make cases go away, they put money in the pockets they belong, they bring wrongdoers to justice.”
          Wednesday, May 11, 2016

          From 200 McAllister Street to 1600 Pennsylvania Avenue

          3L Andrew Demirchyan has spent the last few months of his law school career working as a legal intern at the White House. In this Q&A, he shares details about fulfilling a lifelong dream and, yes, meeting President Obama.
          Go to News Archive