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

          Tuesday, January 09, 2018

          Annual Report 2017

          Including an overview of the College, highlights of financial operations, and contributions made to UC Hastings between July 1, 2016 and June 30, 2017.
          Monday, January 08, 2018

          How to Level Up in the Growing World of Video Game Law

          Brianna Howard ’16 is hitting the turbo button on her career by navigating the legal issues of esports, and augmented & virtual reality.
          Monday, January 08, 2018

          Leading end of life litigator Kathryn Tucker and End of Life Liberty Project find new academic base at UC Hastings

          Tucker founded the End of Life Liberty Project in 2015 as a program within the Disability Rights Legal Center.
          Thursday, January 04, 2018

          Thinkers & Doers: December 2017

          The “Tax Games” Paper – Are mugshot laws effective? – The end of demonizing women through ‘slut-shaming’ – “Judges shouldn’t get a pass just because they’re a judge” – #MeToo in the Courts – Discovering a connection to Israel from a bicycle seat – and much more
          Tuesday, December 19, 2017

          Meet Elizabeth McGriff, Coming Full Circle to Become New Director of LEOP

          Elizabeth McGriff ’96 is a proud LEOP alumna and will continue to develop the program’s tradition of almost 50 years of greatness at UC Hastings.
          Go to News Archive