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.

Share this Story

Share via Facebook
Share via TwitterShare via EmailPrint Friendly Version

Other Recent Stories/ RSS

Friday, May 03, 2013

Covered California Hosting Affordable Care Act Town Hall - May 10

Covered California is working hard to launch the Affordable Care Act—a historic expansion of affordable health coverage in our state.  Over five million Californians could benefit from coverage offered through Covered California; two million will be eligible for subsidies from the federal government.  To ensure the success of this effort, we need the help of community leaders and stakeholders across the state. On May 10, we invite community leaders and key stakeholders to participate in the town hall closest to you.
Friday, May 03, 2013

New Copyright Alert System Will Notify Content Owners of Digital Piracy

Conference explores enforcement of Internet Copyright Enforcement in the Digital Age.
Thursday, May 02, 2013

2L Wins Fellowship to Advocate for Low-Wage Car Wash Workers

The Peggy Browning Fellowship will fund Michelle Angeles’ work on behalf of Los Angeles-area car wash employees and other low-wage workers.
Thursday, May 02, 2013

Nationally Recognized Biotech Expert Joins UC Hastings as Affiliated Scholar

Dr. Alfred C. Server will work primarily with UC Hastings’ Institute for Innovation Law.
Wednesday, May 01, 2013

June Kitagawa Sakamoto Brings International Experience to Master of Law Programs

Top programs in graduate legal education will benefit from Sakamoto’s extensive experience.
Go to News Archive