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Selected Works

Chimene I Keitner

Articles 1 - 15 of 15

Full-Text Articles in Law

Categorizing Acts By State Officials: Attribution And Responsibility In The Law Of Foreign Official Immunity, Chimene I. Keitner Dec 2015

Categorizing Acts By State Officials: Attribution And Responsibility In The Law Of Foreign Official Immunity, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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Functional Immunity Of State Officials Before The International Law Commission, Chimene I. Keitner Dec 2014

Functional Immunity Of State Officials Before The International Law Commission, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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Horizontal Enforcement And The Ilc’S Proposed Draft Articles On The Immunity Of State Officials From Foreign Criminal Jurisdiction, Chimene I. Keitner Dec 2014

Horizontal Enforcement And The Ilc’S Proposed Draft Articles On The Immunity Of State Officials From Foreign Criminal Jurisdiction, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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Prosecute, Sue, Or Deport? Transnational Accountability In International Law, Chimene I. Keitner Dec 2014

Prosecute, Sue, Or Deport? Transnational Accountability In International Law, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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The Forgotten History Of Foreign Official Immunity, Chimene I. Keitner Dec 2011

The Forgotten History Of Foreign Official Immunity, Chimene I. Keitner

Chimene I Keitner

The immunity of foreign officials from legal proceedings in U.S. courts has drawn significant attention from scholars, advocates, and judges in the wake of the Supreme Court’s decision in Samantar v. Yousuf, which held that foreign official immunity is governed by the common law rather than the Foreign Sovereign Immunities Act (FSIA). The common law of foreign official immunity, which the Samantar Court did not define, operates at the intersection of international and domestic law, and it implicates the constitutional separation of powers between the executive and judicial branches. Conflicting visions of the substance and process of common law immunity …

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Foreign Official Immunity After Samantar, Chimene I. Keitner Dec 2010

Foreign Official Immunity After Samantar, Chimene I. Keitner

Chimene I Keitner

In Samantar v. Yousuf, the U.S. Supreme Court unanimously held that the Foreign Sovereign Immunities Act
(FSIA) does not govern the immunity of foreign officials from legal proceedings in U.S. courts. Part I of this symposium contribution seeks to put in sharper focus exactly what is, and what is not, in dispute following Samantar. Part II presents three challenges to common assumptions about conduct-based immunity, which I consider under the headings of personal responsibility, penalties, and presence. Under the heading of personal responsibility, I emphasize that state responsibility and individual responsibility are not mutually exclusive. Under
penalties, I argue that …

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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.

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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 …

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The Politics Of Corporate Alien Tort Cases, Chimene I. Keitner Dec 2010

The Politics Of Corporate Alien Tort Cases, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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Officially Immune? A Response To Bradley And Goldsmith, Chimene I. Keitner Dec 2009

Officially Immune? A Response To Bradley And Goldsmith, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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The Common Law Of Foreign Official Immunity, Chimene I. Keitner Dec 2009

The Common Law Of Foreign Official Immunity, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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International And Foreign Law Sources: Siren Song For Us Judges?, Chimene I. Keitner Dec 2008

International And Foreign Law Sources: Siren Song For Us Judges?, Chimene I. Keitner

Chimene I Keitner

In this issue brief distributed by the American Constitution Society, Professor Keitner addresses the growing debate over the use of foreign and international law sources by U.S. judges engaged in constitutional adjudication. She begins by summarizing the attitudes towards international law sources exhibited by individual justices in the American legal system, noting that one's opinion about the potential relevance of foreign and international law sources... depends in no small part on one's view of the role of judges in a constitutional democracy. Professor Keitner then examines the public opposition to the citation of foreign law sources in Lawrence v. Texas …

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Free Association: The United States Experience, Chimene I. Keitner, W. Michael Reisman Dec 2002

Free Association: The United States Experience, Chimene I. Keitner, W. Michael Reisman

Chimene I Keitner

No abstract provided.

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Associate Statehood: Principles And Prospects, Chimene I. Keitner Dec 2002

Associate Statehood: Principles And Prospects, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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Crafting The International Criminal Court: Trials And Tribulations In Article 98(2), Chimene I. Keitner Dec 2000

Crafting The International Criminal Court: Trials And Tribulations In Article 98(2), Chimene I. Keitner

Chimene I Keitner

No abstract provided.

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