2007 Mid-Year Meeting
Conference on
International Law:
What is Wrong with the Way We Teach and Write International Law
A Joint AALS and American Society of International Law Conference
June 17-20, 2007
Vancouver, British Columbia
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Program
SUNDAY, JUNE 17, 2007
5:00 – 8:00 p.m.
Registration
6:00 – 8:00 p.m.
Reception
MONDAY, JUNE 18, 2007
8:45 – 9:00 a.m.
Welcome
Nancy H. Rogers, The Ohio State University and AALS President
José Enrique Alvarez, Columbia University and ASIL President
Introduction
David D. Caron, University of California, Berkeley, Chair, Planning Committee for AALS and ASIL Conference on International Law
9:00 – 10:30 a.m.
What is Wrong? The Outsiders Comment
Colin Joan Dayan, Robert Penn Warren Professor in the Humanities, Vanderbilt University
Ronald Mitchell, Professor of Political Science, University of Oregon
Sanjay G. Reddy, Assistant Professor, Barnard College at Columbia University
Jeremy James Waldron, New York University
Moderator: Chantal Thomas, University of Minnesota
This panel draws on the scholarly traditions of philosophy, political science, the humanities and economics as points of perspective to look at international law scholarship. What is worth doing? Is it done? Has the obsession with the International Court of Justice been replaced by an obsession with the International Criminal Court? Is it just advocacy? Is objectivity lost amidst normative aspirations?
10:30 – 10:45 a.m.
Refreshment Break
10:45 a.m. – 12:00 p.m.
Small Group Discussions
12:00 - 1:45 p.m.
Luncheon - The View of International Law Scholarship from Practice
Peter D. Trooboff, Esq., Covington & Burling, LLP
Introduction: Marci B. Hoffman, University of California, Berkeley
2:00 – 3:30 p.m.
Internationalizing International Law
Carlos Esposito Massicci, Associate Professor of International Law and International Relations, Faculty of Law in the Autonomous University of Madrid
Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology Department of Urban Studies and Planning
Edith Brown Weiss, Chair, Inspection Panel, World Bank -view handout- -go to web site-
Speaker to be announced
Moderator: David D. Caron, University of California, Berkeley
Given the table of contents of leading casebooks of international law in the United States as fodder, this panel considers what it is we teach.
3:30 – 3:45 p.m.
Refreshment Break
3:45 – 5:00 p.m.
Small Group Discussions
(organized by subject)
5:30 – 7:00 p.m.
Works-in-Progress Concurrent Sessions
Human Rights
Chair: Valerie Epps, Suffolk University
Bernadette Atuahene, Chicago-Kent College of Law
How Far Back Should We Go: Reparations and Multiple Layers of Property Dispossession?Karen E. Bravo, Indiana University – Indianapolis
Exploring the Analogy between Modern Trafficking in Humans and the Trans-Atlantic Slave TradeRichard P. Cole, Western New England College
A Jurisprudence of Human Rights for Contemporary International LawPatrick J. Keenan, University of Illinois
China in Africa: Breaking and Remaking the Human Rights ParadigmMargaret Mc Guinness, University of Missouri-Columbia
Mapping Norm Portals
United States Law and International Law
Chair: David L. Sloss, Saint Louis University
Benjamin Griffith Davis, University of Toledo
Dedoublement Analytique: Avoiding Making a Virtue of IgnoranceLakshman D. Guruswamy, University of Colorado
Effectiveness of International TreatiesHari M. Osofsky, University of Oregon
The Geography of Climate Control Litigation Part II: Narratives of Nation-State Spaces and Third SpaceDavid L. Sloss, Saint Louis University
The Original Understanding of the Treaty Power: Lessons from the 1790s
Tribunals
Chair: Daniel M. Bodansky, University of Georgia
Sungjoon Cho, Chicago-Kent College of Law
Of the World Trade Court’s BurdenJacob Katz Cogan, University of Cincinnati
Competition and Control in International AdjudicationJennifer Anglim Kreder, Northern Kentucky University
Reconciling Individual and Group Justice with the Need for Respose in Nazi-Looted Art Disputes: Creation of an International TribunalMiguel Schor, Suffolk University
Mapping Comparative Judicial ReviewSonja Starr, Harvard Law School
Rights and Remedies in International Courts: Judicial Under- and Over-Enforcement of Human Rights Law
TUESDAY, JUNE 19, 2007
9:00 – 10:30 a.m.
What is Wrong with Our Scholarship
Maxwell Okechukwu Chibundu, University of Maryland
Tom Ginsburg, University of Illinois
Ruth E. Gordon, Villanova University
Richard H. Steinberg, University of California, Los Angeles
Moderator: José Enrique Alvarez, Columbia University
Critics of international law scholarship, particularly within the U.S. academy, charge that all too often it fails to engage in empirical analysis or does so poorly, ignores rational choice, public choice insights, or engages in advocacy in the guise of objective scholarship. Some European critics contend that U.S. international lawyers are too inter-disciplinary for their own good and ignore the virtues of positivism. This moderated conversation will focus on these complaints as well as responses.
10:30 – 10:45 a.m.
Refreshment Break
10:45 a.m. – 12:00 p.m.
Works-in-Progress
Human Rights
Chair: Pamela J. Stephens, Vermont Law School Level Three, South Tower
Laura Dickinson, University of Connecticut
Sociolegal Approaches to International Human RightsErika George, University of Utah
Human Rights Universality, Virginity Testing and HIV/AIDS: From the Politics of Cultural Pluralism towards a Global Public Health EthicErnesto Hernandez-Lopez, Chapman University
Sovereignty Migrates in US and Mexican Law: Transnational Influences in Plenary Power and Non-InterventionIlhyung Lee, University of Missouri-Columbia
Pyung-Deung: Korean Perception(s) of EqualityPamela J. Stephens, Vermont Law School
The Margin of Appreciation: Defining Core Rights and Reconciling Competing Interests
International Humanitarian Law
Chair: Mary Ellen O’Connell, Notre Dame Law School
Kenneth Lasson, University of Baltimore
Torture, Truth Serum and Ticking Bombs: Toward a Pragmatic Perspective of Coercive InterrogationJohn Linarelli, University of La Verne
Might Does Not Make Right: Thinking Through Stromseth, Wippman and BrooksCatherine Powell, Fordham University
Tinkering With Torture in the Aftermath of Hamdan: Testing the Relationship between Internationalism and Constitutionalism
International Trade
Chair: Joel Richard Paul, University of California, Hastings Level 3, North Tower
Andrea K. Bjorklund, University of California at Davis
Private Rights v. Public International Law: How Inefficient Competition in International Economic Disputes Threatens the Viability of International TribunalsGregory W. Bowman, Mississippi College
Winning the Battle but Losing the War? Reflections on Extraterritorial Jurisdiction in U.S. Export Control LawsJuscelino F. Colares, Syracuse University
Alternative Methods of Appellate Review in Trade Remedy Cases: Examining Results of U.S. Judicial and NAFTA Binational Review of U.S. Agency Decisions from 1989 to 2005Joel Richard Paul, University of California, Hastings
The Geopolitics of Private International Law
The United Nations / Teaching International Law
Chair: Hiram E. Chodosh, University of Utah
Kristen Boon, Seton Hall University
The Security Council and Economic StatecraftPaul H. Brietzke, Valparaiso University
Playing Poker at the U.N.Reza Dibadj, University of San Francisco
Overplaying International LawKenneth M. Rosen, University of Alabama
Introducing International Business Law Pedagogy to Its Public: Teaching the Next Generation International Business Transactions Course
12:00 – 1:45 p.m.
Luncheon
Judge Diane P. Wood, U.S. Court of Appeals for the Seventh Circuit, Chicago, Illinois
Introduction: Elizabeth Andersen, ASIL Vice President and Executive Director
2:00 – 3:00 p.m.
Are We All Transnationals Now?
Mark A. Drumbl, Washington and Lee University
Katharina Pistor, Columbia University
Mathias W. Reimann, The University of Michigan
Moderator: Diane Marie Amann, University of California at Davis
Enjoying a revival is the “transnational.” In law teaching and scholarship the term has found a place among – indeed, at times has displaced – entrenched disciplines of international, comparative, and even national law. Some view this shift essential to understanding a contemporary world in which legal regimes once considered distinct are now part of an interpenetrating dynamic. Others lament what they consider is blurring of categories that saps law not only of rigor, but also of meaning. Indeed, the definition of the concept itself is in flux: does the “transnational” comprehend “all law which regulates actions or events that transcend national frontiers,” as Philip Jessup maintained in 1956, or is it, as others contend, a discrete field situated at some midpoint between the national and the international? Panelists will endeavor to answer such questions and to explore the benefits and costs of emphasis on transnational law.
3:30 – 3:45 p.m.
Refreshment Break
3:45 – 5:00 p.m.
Small Group Discussions
7:00 p.m.
Course Design: Lessons from Different Approaches to Teaching International Law
William S. Dodge, University of California, Hastings -view handout-
Franklin Gevurtz, University of the Pacific
Mathias W. Reimann, The University of Michigan
Julia L. Ross, Georgetown University -view handout 1- -view handout 2-
Moderator: Susan L. Karamanian, George Washington University
This roundtable discussion will feature presentations by faculty experienced with different approaches to teaching international law, including as a 1L required course, in specialty courses, and integrated into the black letter curriculum. Presenters will describe the different models, share course materials, and offer their lessons learned. Attendees will be encouraged to share their experiences as well.
WEDNESDAY, JUNE 20, 2007
9:00 – 10:30 a.m.
Plenary Session – Teaching Ethics, Ethical Teaching
Roxanna Altholz, University of California, Berkeley
Mary C. Daly, St. John’s University -view handout 1- -view handout 2- -view handout 3- -view handout 4- ..-view biblography-
George Harris, University of the Pacific
Moderator: William V. Dunlap, Quinnipiac University
In teaching international law, complex ethical questions about lawyering abound and are raised in the classroom and the clinic. But professional ethics are usually tied to a jurisdiction although the transnational mechanism of international commercial arbitration has some codes that may be adopted or find influence in indirect ways. What are the ethics to be taught and how do we teach ethically? What are the perils and prospects of experiential learning?
10:30 – 10:45 a.m.
Refreshment Break
10:45 a.m. – 12:00 p.m.
Identifying the Core Amidst Specialization and Critique
Antony T. Anghie, University of Utah
David J. Bederman, Emory University
Thomas Franck, New York University School of Law
Mary Ellen O’Connell, Notre Dame Law School
Moderator: James A.R. Nafziger, Willamette University
12:00 – 1:45 p.m.
Luncheon - A Conversation Between…
Harold Hongju Koh, Yale Law School
Stephen Toope,
President and Vice Chancellor, University of British Columbia
Moderator:
Diane Marie Amann, University of California at Davis
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