UCHastings Instagram

          #UCHastings #Commencement #UCH15
          Instagram Photo Likes adalbertoc, andrew.m.scott, paris.hayes and 16 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

          Wednesday, May 27, 2015

          Professor Faigman Moderates Panel on Neuroscience and Law

          The event at the San Francisco Exploratorium addressed how new findings might influence criminal justice.
          Wednesday, May 27, 2015

          Acclaimed LGBTQ Scholar Aaron Belkin Joins UC Hastings Faculty

          He brings a political science perspective to impact litigation training.
          Friday, May 22, 2015

          Professor Dorit Rubinstein Reiss Assists State Lawmakers With Pro-Vaccine Legislation

          The bill would disallow the “personal belief exemption” from vaccines.
          Friday, May 22, 2015

          Thinkers & Doers: May 22, 2015

          UC Hastings community members in the news and making moves, May 9, 2015 - May 22, 2015.
          Tuesday, May 19, 2015

          UC Hastings Scholarship Repository Open for Exploration

          Travis Emick, Digital Projects & Archives Reference Librarian, discusses the library’s large online collection of approximately 6,000 scholarly, historical and cultural documents.
          Go to News Archive