Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

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.


The Three C'S Of Jurisdiction Over Human Rights Claims In Us Courts, Chimene I. Keitner Dec 2014

The Three C'S Of Jurisdiction Over Human Rights Claims In Us Courts, Chimene I. Keitner

Chimene I Keitner

No abstract provided.


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.


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.


State Courts And Transitory Torts In Transnational Human Rights Cases, Chimene I. Keitner Dec 2012

State Courts And Transitory Torts In Transnational Human Rights Cases, Chimene I. Keitner

Chimene I Keitner

No abstract provided.


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 …


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 …


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.


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.


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.