[In our continuing discussion of Samantar, we are very pleased to share the thoughts of Professor Chimene Keitner, of U.C. Hastings College of Law. More comments to come soon.] As counsel for Professors of Public International Law and Comparative Law as amici curiae in support of Respondents, I obviously agree with the Court's disposition. As Opinio Juris readers know courtesy of...
As Opinio Juris readers know, the U.S. Supreme Court heard arguments on Wednesday in the case of Samantar v. Yousuf (briefs and transcript available here), which asks the Court to interpret the 1976 Foreign Sovereign Immunities Act. Commentators, including OJ’s own Julian Ku, have reported that the Justices seemed “unconvinced by all sides” (Julian’s words) and that none of the...
After posting my initial comments, I remained troubled by Julian's criticism of the majority's treatment of Johnson v. Eisenstrager. I'd like to offer a few more reflections on that decision here. The Eisenstrager opinion was certainly based largely on territoriality and citizenship, as Julian points out. However, practical considerations were not irrelevant to the Eisenstrager majority's decision, or else the majority...
Many thanks to the Opinio Juris team for hosting this conversation, and to colleagues who have already offered such interesting and insightful posts. In this spirit of exchange, I've crafted comments that I hope will challenge and extend some of their observations, as we all continue to digest this momentous opinion on- and off-line. The benefit of continued reflection will...
[Chimene Keitner is Associate Professor at UC-Hastings College of Law and the author of The Paradoxes of Nationalism (SUNY Press 2007).] The first four chapters of Peter's thought-provoking book send a clear message: U.S. citizenship is not all it's cracked up to be. The message can at times seem harsh: "Becoming a citizen entitles one to little more than the right...
[Chimène Keitner is Associate Professor of Law, UC Hastings Law School.] I’m delighted to join this conversation about Susan Benesch’s analysis of the international crime of incitement to genocide. As Susan’s title indicates, she seeks to distinguish this crime from the exercise of free speech rights guaranteed under U.S. law. Viewed in this light, her project forms part of an ongoing...
