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Comparative and Foreign Law

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Chimene I Keitner

Selected Works

2011

Articles 1 - 3 of 3

Full-Text Articles in Law

Annotated Brief Of Professors Of Public International Law And Comparative Law As Amici Curiae In Support Of Respondents In Samantar V Yousuf, Chimene I. Keitner Dec 2010

Annotated Brief Of Professors Of Public International Law And Comparative Law As Amici Curiae In Support Of Respondents In Samantar V Yousuf, Chimene I. Keitner

Chimene I Keitner

No abstract provided.


Foreign Official Immunity And The Baseline Problem, Chimene I. Keitner Dec 2010

Foreign Official Immunity And The Baseline Problem, Chimene I. Keitner

Chimene I Keitner

No abstract provided.


Framing Constitutional Rights, Chimene I. Keitner Dec 2010

Framing Constitutional Rights, Chimene I. Keitner

Chimene I Keitner

This article surveys cases from five common law courts (in South Africa, Australia, the United Kingdom, Canada, and the United States), which have not adopted a uniform conception of the relationship between domestic rights and territorial borders. As a general matter, they have been most willing to review government action for compliance with domestic rights-based constraints where there is a link between the government and the affected individual based either on territory (country) or membership (compact). A violation of fundamental procedural or substantive values alone (conscience) generally does not suffice to trigger domestic judicial review. In addition to defining the …