AALS Annual Meeting, Washington, D.C.    January 2-5, 2003
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Sunday, January 5, 2003

3:30-5:15 p.m.
Section on International Law

  • Malvina Halberstam, Yeshiva University, Chair
  • Andrew L. Strauss, Widener University, Program Chair
Delaware Suite B
Marriott Wardman Park Hotel
Lobby Level

How Big is the Constitutional Universe: Discreet National or Global Order

Moderator:
Andrew L. Strauss, Widener University

Speakers:

  • Mattias Kumm, New York University
  • Jed Rubenfeld, Yale Law School
  • Herman Schwartz, American University
  • John Choon Yoo, University of California at Berkeley
Commentator:
Malvina Halberstam, Yeshiva University

With the rise of globalization and the proliferation of international regimes, the long-standing question of the role of international law in domestic courts has reemerged as a hot topic in U.S. international law circles. Bringing together a distinguished group of ideologically diverse international and constitutional law scholars, this panel will address the largely unexplored foundational question of whether the domestic constitutional order is better viewed today as self-contained, or as a part of a larger global political-constitutional structure. Employing both normative theoretical as well as positivist historical/sociological analysis, the panel will examine the extent to which the answer to this question is found more in political and economic realties or in ideological belief structures. It will also explore the implications of this question for the ways upon which constitutional law questions are resolved as well as for how Constitutional Law and other related courses should be taught.

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