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, August 30, 2016

          A Criminal Law Focus to Begin the U.S. Supreme Court’s New Term, by Prof. Rory Little

          Almost all of the Court’s October arguments will be in criminal cases.
          Tuesday, August 23, 2016

          3L Tiffany Ku Leverages San Francisco Tech Background at U.S. Department of Homeland Security

          As part of the Technology Programs Division within the Office of the General Counsel at DHS, Ku worked on government contracts, trademark issues, and cybersecurity policy.
          Monday, August 22, 2016

          Joshua Arce '00 is Running for San Francisco Board of Supervisors

          After 15 years as a civil rights and environmental attorney, he’s campaigning on a social justice platform.
          Thursday, August 11, 2016

          Adante Pointer '03: Fighting For Justice For Victims Of Fatal Police Shootings

          The civil rights attorney has represented the families of Mario Woods, Oscar Grant and Alex Nieto. 
          Wednesday, August 10, 2016

          2L Molly Nevius: Working for the Future of Reproductive Rights

          "I really believe that law students in particular have a unique responsibility to address the harm that institutional powers have created, and I hope to be a part of that."
          Go to News Archive