Chimène I. Keitner
YOU?
Author Swipe
View article: A Roadmap for Foreign Official Immunity Cases in U.S. Courts
A Roadmap for Foreign Official Immunity Cases in U.S. Courts Open
This Article provides a roadmap for cases involving foreign official immunity in U.S. courts. In 2010, the U.S. Supreme Court held in Samantar v. Yousuf that the Foreign Sovereign Immunities Act (FSIA) does not govern the immunity of forei…
View article: Cybercrime vs. Cyberwar: Paradigms for Addressing Malicious Cyber Activity
Cybercrime vs. Cyberwar: Paradigms for Addressing Malicious Cyber Activity Open
This contribution seeks to identify and assess the frameworks used to describe and deter malicious cyber activity (MCA), and to highlight legal and operational challenges in tackling problems that arise where these frameworks overlap or in…
View article: Prosecuting Foreign States
Prosecuting Foreign States Open
In recent years, the Department of Justice has shown increased interest in prosecuting entities associated with foreign states for activities including cybercrime, economic espionage, and sanctions violations. It has also sought third-part…
View article: To Litigate a Pandemic: Cases in the United States Against China and the Chinese Communist Party and Foreign Sovereign Immunities
To Litigate a Pandemic: Cases in the United States Against China and the Chinese Communist Party and Foreign Sovereign Immunities Open
The devastation wrought by the spread of the novel coronavirus has touched virtually every country and will affect countless lives and livelihoods for years to come In the midst of the ongoing pandemic, individuals in some countries have …
View article: Explaining International Acts
Explaining International Acts Open
This contribution to the symposium on Evan Criddle & Evan Fox-Decent’s “Fiduciaries of Humanity” pushes against the strong claim by some critics that international legal norms are concerned solely with outcomes, rather than with processes …
View article: The Law Against Family Separation
The Law Against Family Separation Open
This Article offers the first comprehensive assessment of how domestic and international law limits the U.S. government’s ability to separate foreign children from the adults accompanying them when they seek to enter the United States. As …
View article: Jam v. International Finance Corp.
Jam v. International Finance Corp. Open
In Jam v. International Finance Corp. , the U.S. Supreme Court held that the International Organizations Immunities Act of 1945 (IOIA) affords international organizations (IOs) the same immunity from suit in U.S. courts that foreign govern…
View article: Victim or Vamp? Images of Violent Women in the Criminal Justice System
Victim or Vamp? Images of Violent Women in the Criminal Justice System Open
The uncritical resort to sex-role stereotypes pervades the trials, sentencings, and media reactions to women who receive the death penalty. Although ideas of sex-appropriate behavior influence innumerable aspects of social relations, their…
View article: Jam v. International Finance Corp.
Jam v. International Finance Corp. Open
This casenote describes the U.S. Supreme Court's decision in Jam v. International Finance Corp. and discusses some of its implications for the doctrine of immunity for international organizations.
View article: Between Law and Diplomacy: The Conundrum of Common Law Immunity
Between Law and Diplomacy: The Conundrum of Common Law Immunity Open
Drawing the line between disputes that can be adjudicated in domestic (U.S.) courts and those that cannot has perplexed judges and jurists since the Founding Era. Although Congress provided a statutory framework for the jurisdictional immu…
View article: Beyond National Jurisdiction: Cyberspace
Beyond National Jurisdiction: Cyberspace Open
The signature topic of “beyond national jurisdiction” stems from the recognition that there are still significant governance gaps in the international legal system. Given that human activity is now extending into different geographic areas…
View article: Attribution by Indictment
Attribution by Indictment Open
The challenges of attributing malicious cyber activity—that is, identifying its authors and provenance with a sufficient degree of certainty—are well documented. This essay focuses on a phenomenon that I call “attribution by indictment.” S…
View article: Explaining International Acts
Explaining International Acts Open
This contribution to a symposium on Evan Criddle & Evan Fox-Decent’s “Fiduciaries of Humanity” pushes against the strong claim by some critics that international legal norms are concerned solely with outcomes, rather than with processes of…
View article: Authority and Dialogue: State and Official Immunity in Domestic and International Courts
Authority and Dialogue: State and Official Immunity in Domestic and International Courts Open
This chapter considers aspects of the ongoing conversation about norms of state and official immunity among domestic and international courts. Because immunity norms transect the international and domestic legal spheres, adjudicating immun…
View article: Categorizing Acts by State Officials: Attribution and Responsibility in the Law of Foreign Official Immunity
Categorizing Acts by State Officials: Attribution and Responsibility in the Law of Foreign Official Immunity Open
During the late nineteenth and early twentieth centuries, jurists elaborated principles of attribution in the context of the international law of State responsibility. State practice in the late nineteenth and early twentieth centuries was…