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2008 The Use and Misuse of History in U.S. Foreign Relations Law
LAW Conference 03.07.08 - Saint Louis University
Registration is FREE but pre-registration
is requested. Register today! 7.2 CLE MO
» Participants

Participants

Frederic M. Bloom Frederic M. Bloom
Assistant Professor of Law
Saint Louis University School of Law

Professor Bloom was a law clerk for the Honorable Marilyn Hall Patel of the United States District Court for the Northern District of California as well as for the Honorable Sidney R. Thomas of the United States Court of Appeals for the Ninth Circuit in Billings, Montana. Professor Bloom teaches Civil Procedure, Constitutional Law, and Federal Courts.

Martin S. Flaherty Martin S. Flaherty
Leitner Family Professor of Law
Fordham Law School

Martin S. Flaherty is Leitner Family Professor of International Human Rights and Co-Director of the Leitner Center for International Law and Justice at Fordham Law School in New York. Professor Flaherty also teaches as an Adjunct Professor at the Woodrow Wilson School of Public and International Affairs at Princeton, where previously he has been a Fellow at the Program in Law and Public Affairs. He has also recently been appointed an Adjunct Professor at Sungkyunkwan University in Seoul. Previously Professor Flaherty has served as a law clerk for Justice Byron R. White of the U.S. Supreme Court and Chief Judge John Gibbons of the Court of Appeals for the Third Circuit. He holds a B.A. summa cum laude from Princeton, an M.A. and M.Phil. from Yale (in History) and a J.D. from Columbia Law School, where he was Book Reviews and Articles Editor at the Columbia Law Review

His publications focus upon constitutional law, foreign affairs and international human rights and appear in such journals as the Columbia Law Review, the Yale Law Journal, the Michigan Law Review, and the University of Chicago Law ReviewWith the Leitner Center and Human Rights First, he has also helped lead fact-finding missions to Turkey, Hong Kong, Mexico, Malaysia, Kenya, Romania, and Northern Ireland. Recent publications include: “More Real Than Apparent: Separation of Powers, The Rule of Law, and Comparative Executive “Creativity” in Hamdan v. Rumsfeld,” Cato Supreme Court Review; "Judicial Globalization in the Service of Self-Government," Ethics & International Affairs; and “Executive Power Essentialism and Foreign Affairs” [with Curtis Bradley], Michigan Law Review. Professor Flaherty recently concluded a term as Chair of the New York City Bar Association’s Committee on International Human Rights and is currently a member of the City Bar’s Asian Affairs Committee. He is also a member of the Council on Foreign Relations and serves on the board of the American Association of the International Commission of Jurists.

David GoloveDavid Golove
Hiller Family Foundation Professor of Law
New York University School of Law

Professor David M. Golove has secured a reputation as one of the most original and promising scholars in constitutional law. In a recent book-length article for the Michigan Law Review, "Treaty-Making and the Nation: The Historical Foundations of the Nationalist Conception of the Treaty Power," Golove comprehensively considers a question of constitutional law that has been controversial from the moment of the nation's birth in 1776 and remains so today. Can the United States government, through its power to make treaties, effectively regulate subjects that would otherwise be beyond the reach of Congress's enumerated legislative powers? For example, a treaty prohibiting the death penalty? He answers yes, and in doing so has produced both a major work of legal historical scholarship and an important legal and constitutional defense of federal power.

In 1995, an article by Golove in the Harvard Law Review dealt with another fundamental issue in foreign relations law: the undeniable fact that many international accords today are approved not through the treaty processes mandated in the U.S. Constitution, but by majority votes of both houses. In a more recent article published in the NYU Law
Review
, Golove challenges the distinguished constitutional scholar Laurence Tribe in a debate over the interpretation of the Treaty Clause which Golove defended in his Harvard Law Review article. In 1999, Golove published a piece in the University of Colorado Law Review supporting the president's authority to order military operations to implement a United Nations Security Council Resolution without authorization by Congress.

Golove received his B.A. from Berkeley in 1979 and has law degrees from Boalt Hall and Yale. He teaches Constitutional Law and International Law. Professor Golove is a member of the faculty executive committee of the NYU Institute for International Law and Justice and Director of the J.D.-LL.M. program in international law.

Daniel HulseboschDaniel Hulsebosch
Professor of Law
New York University School of Law

Daniel Hulsebosch is a legal and constitutional historian whose scholarship ranges from early modern England to the nineteenth-century United States. Throughout his work he explores the relationships between migration, territorial expansion, and the development of legal institutions and doctrines.

After graduating from Columbia Law School, he obtained a Ph.D. in history at Harvard University and then was a Samuel I. Golieb Fellow in Legal History at NYU School of Law in 1998-1999. He joined the faculty as professor of law in 2005 after six years at Saint Louis University School of Law.

His recent book, Constituting Empire: New York and the Transformation of Constitutionalism in the Atlantic World, 1664-1830 (2005), examines the intersection of constitutionalism and imperial expansion in the British Empire and early United States by focusing on New York from 1664 to 1830. Presently he is researching the development of American legal culture in the two generations after the American Revolution.

Daniel HulseboschEugene Kontorovich
Associate Professor of Law
Northwestern University School of Law

Kontorovich's research and teaching interests include international law, constitutional law, and law and economics. In particular, he seeks to apply to public law those basic law and economics insights that have thus far mostly been used to understand private law.

Professor Kontorovich went to college and law school at the University of Chicago and graduated with honors and high honors, respectively. At law school, he was a member of the law review and the Order of the Coif. After law school, he was a research fellow at the University of Southern California Law School's Center for Law and Economics.

He served as a law clerk to Judge Richard A. Posner on the Seventh Circuit Court of Appeals. Since then, he has been on the faculty of George Mason University School of Law.

Before entering law school, he worked as a reporter, editorialist and editor at several leading New York and national newspapers, and continues to provide occassional commentary in the press.

Martin S. Lederman
Visiting Professor of Law
Georgetown University Law Center

Marty Lederman is Visiting Professor of Law at the Georgetown University Law Center. With David Barron, he has recently published a two-part article in the Harvard Law Review on the question of Congress's authority to regulate the commander in chief's conduct of war. Lederman was an Attorney Advisor in the Department of Justice’s Office of Legal Counsel from 1994 to 2002, where he concentrated on questions involving freedom of speech, the Religion Clauses, congressional power and federalism, equal protection, separation of powers, copyright, and food and drug law. He contributes to SCOTUSblog and the Georgetown Law Faculty blog, and he is a regular participant on Balkinization, where he has published approximately 300 posts since January 2005, principally on issues relating to separation of powers, war powers, torture, detention, interrogation, international law, treaties, executive branch lawyering, statutory interpretation, and the First Amendment.

Thomas H. LeeThomas H. Lee
Professor of Law
Fordham Law School

Professor Lee received an A.B. summa cum laude in Government and an A.M. in East Asian Studies from Harvard in 1991. He spent the next four-and-a-half years as a U.S. naval cryptology officer in East and South Asia, where he made four submarine and six surface deployments. After receiving his J.D. from Harvard in 2000, he clerked for the Honorable Michael Boudin of the U.S. Court of Appeals for the First Circuit and for the Honorable David Souter of the U.S. Supreme Court. During law school, he was Articles Chair of the Harvard Law Review. He has worked at the law firms of Munger, Tolles & Olson; Wachtell, Lipton & Rosen; and Weil, Gotshal & Manges. He is also a Ph.D. candidate in Government at Harvard, specializing in international relations theory and comparative politics. His dissertation explores multilateral participation in wars.

Professor Lee's research and publications focus on international commercial arbitration, the international and domestic legal regulation of war, and the role of the U.S. federal judiciary in foreign relations. He is working on a book titled "The International Laws of War and the American Civil War" and on a new casebook on international commercial arbitration, with a focus on its practice in East Asia and the United States. He is proficient in Korean and has a reading knowledge of Chinese, French, Japanese and Latin.

Peggy McGuinnessPeggy McGuinness
Associate Professor
University of Missouri School of Law

Professor McGuinness joined the University of Missouri School of Law faculty in 2003 after practicing law in the litigation department of Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York.

While at law school, Professor McGuinness was an articles editor for the Stanford Law Review and a graduate fellow at the Stanford Center on Conflict and Negotiation. Following law school, she clerked for Judge Colleen McMahon of the U.S. Southern District of New York.

Prior to law school, Professor McGuinness was a Foreign Service Officer with the State Department. She was a Special Assistant to Secretary of State Warren Christopher from 1993-1994. Professor McGuinness teaches international law, international human rights, international business transactions, foreign affairs and the constitution, and federal courts. She has published in the area of mediation in armed conflict, the status of refugees in conflict zones, and the role of the UN in war.

Professor McGuinness is a co-founder of, and contributor to, Opinio Juris, a blog dedicated to reports, commentary and debate on current developments and scholarship in the fields of international law and politics.

Deborah N. Pearlstein Deborah N. Pearlstein
Associate Research Scholar
Woodrow Wilson School, Princeton University

Deborah Pearlstein joined the Woodrow Wilson School for Public and International Affairs at Princeton University in 2007 as an Associate Research Scholar in the Law and Public Affairs Program. An expert in U.S. constitutional law, Pearlstein's work focuses on U.S. counterterrorism and national security policies, executive power, and the role of the courts. She has published numerous popular and academic writings on the Constitution, executive power and national security. Her most recent articles consider the role of the military as a constraint on executive power, and the Constitution and changing executive competencies in the post-Cold War world.

From 2003 to 2006, Pearlstein served as the founding director of the Law and Security Program at Human Rights First, where she led the organization’s efforts in research, litigation and advocacy surrounding U.S. detention and interrogation operations. Among other projects, Pearlstein led the organization's first monitoring mission to the U.S. Naval Base at Guantanamo Bay, Cuba, and co-authored a series of reports on the human rights impact of U.S. national security policy, including a landmark report on U.S. secret detention facilities, Behind the Wire. She also worked closely with members of the military and intelligence communities in launching a series of off-the-record workshops to address key policy challenges in U.S. counterterrorism efforts. A frequent public speaker on security-related topics in U.S. constitutional law, Pearlstein has testified before Congress on the human rights effects of U.S. detention and interrogation operations.

Before embarking on a career in law, she served in the White House as a Senior Editor and Speechwriter for President Clinton. She received her A.B. in literature and politics from Cornell University and her J.D. magna cum laude from Harvard Law School, where she was articles editor of the Harvard Law Review. She also served as a teaching fellow in Harvard College and in the Law School. Following law school, Pearlstein clerked for Judge Michael Boudin of the U.S. Court of Appeals for the First Circuit, then for Justice John Paul Stevens of the U.S. Supreme Court.

David SlossDavid Sloss
Professor of Law
Saint Louis University School of Law

David Sloss earned his J.D. from Stanford Law School, an M.P.P. from Harvard University and a B.A. from Hampshire College. He joined the faculty at Saint Louis University School of Law in 1999. Sloss has published numerous law review articles related to the application of international law in U.S. courts. He is the co-editor of a forthcoming book that will present a comparative perspective on the role of domestic courts in treaty enforcement in about 15 countries. He is currently working on a book analyzing the history of the judicial enforcement of treaties in U.S. courts. The book will trace the decline of “judicial activism” and the rise of “judicial passivity” in treaty cases.

Michael P. Van AlstineMichael P. Van Alstine
Professor of Law and Associate Dean
University of Maryland School of Law

Professor Michael P. Van Alstine specializes in international and domestic private law. He has published widely in both English and German in the areas of contracts, commercial law and international commercial transactions. His particular area of scholarly interest is the domestic law application of international law through the vehicle of treaties. Prior to joining the Maryland faculty in 2002, Professor Van Alstine spent seven years on the faculty of the University of Cincinnati College of Law, during which he was a four-time recipient of the Goldman Prize for Excellence in Teaching.

Professor Van Alstine has earned law degrees in both the United States and Germany. He received both his Doctor of Laws and Master's of Comparative Law degrees summa cum laude from the University of Bonn, Germany. He obtained his Juris Doctor degree from the George Washington University Law School. Before becoming a law professor, he also practiced domestic and international commercial and business law at law firms in the United States and Germany.

At the University of Maryland School of Law, Professor Van Alstine teaches International Business Transactions, Contracts, Sales and Sales Financing and Commercial Law. He was appointed Associate Dean for Research and Faculty Development in 2006.

Stephen I. VladeckStephen I. Vladeck
Associate Professor of Law
American University Washington College of Law

Stephen I. Vladeck is an Associate Professor of Law at American University Washington College of Law, where his teaching and scholarship focuses on federal courts, national security law, constitutional law and international criminal law.

Vladeck, who has clerked for the Honorable Marsha S. Berzon on the U.S. Court of Appeals for the Ninth Circuit and the Honorable Rosemary Barkett on the U.S. Court of Appeals for the Eleventh Circuit, graduated from Yale Law School in 2004. While a law student, Vladeck was executive editor of the Yale Law Journal and also served as Student Director of the Balancing Civil Liberties & National Security Post-9/11 Litigation Project. Working with Professor (now Dean) Harold Koh, he participated in litigation challenging the president’s assertion of power after September 11 to detain individuals without trial.

Vladeck has also been part of the legal team headed by Professor Neal K. Katyal of the Georgetown University Law Center that successfully challenged the Bush Administration’s use of military tribunals at Guantánamo Bay, Cuba, in Hamdan v. Rumsfeld, 126 S. Ct. 2749 (2006), and is the co-author of amicus briefs in Boumediene v. Bush, the challenge to the detention of enemy combatants at Guantánamo Bay currently before the Supreme Court, and Hepting v. AT&T, the challenge to the NSA wiretapping program currently before the U.S. Court of Appeals for the Ninth Circuit.

Anders Walker Anders Walker
Assistant Professor of Law
Saint Louis University School of Law

How can the study of legal history guide the manner in which we approach legal problems and argue legal issues? This is one of the concerns of Professor Anders Walker, who uses historical case studies as a tool for teaching students about the power as well as the limits of law. Interested in historical disparities between the legal treatment of electoral minorities in the United States, Walker has found that local conditions frequently influence the outcome as well as the implementation of legal rulings. Even Supreme Court rulings, for example, are often limited by what average people, at the state and local level, are willing to accept.

Walker pursues some of these questions in his forthcoming book, The Ghost of Jim Crow: How Southern Moderates Used Legal Means to Limit Brown v. Board of Education, to be published by Oxford University Press. In this book, he focuses on the manner in which moderate governors in the South struggled to appease popular outrage at the Supreme Court’s landmark desegregation decision by developing elaborate, legalist schemes for preserving segregated schools. While many of these schemes proved much more workable than extremist tactics, thereby recasting the role of southern moderates in the civil rights struggle, they also reveal the manner in which local opposition to the Supreme Court led to creative state legislation that compromised the Court’s ability to enforce its own interpretation of constitutional law.

Doug WilliamsDoug Williams
Professor of Law
Saint Louis University School of Law

Douglas Williams appreciates the heavily interdisciplinary nature of environmental law. “Environmental law opens up avenues of learning and understanding that may not have been apparent initially,” he says. “You have to know a little bit about economics, basic sciences, atmospheric chemistry, biology. It’s incredibly complex and fascinating.”

Professor Williams has explored environmental law from both sides of the table. While in private practice, his firm represented the Exxon Shipping Company in connection with the Valdez oil spill in Alaskan waters in 1989. Preferring to “wear the white hat,” Williams is now a consulting counsel to the Sierra Club and other environmental groups. In a recent case, he helped the Sierra Club convince the 7th Circuit Court of Appeals that the Environmental Protection Agency’s implementation of the Clean Air Act in St. Louis was improper and unlawful.

Much of Williams’ scholarship examines enforcement of the Clean Air Act and other environmental regulations. He has written extensively about the relationship between state and federal regulators and voluntary versus regulatory approaches to environmental protection. Professor Williams has several manuscripts in progress and his book, Federal Wetlands Regulation, will be published in 2004.

“Unlike many areas of law, environmental law really wasn’t born until the late 1960s,” he says. “We’ve only had about 40 years of experience in trying to fashion a body of legal principles and laws to reorient our relationship to natural resources.”

A former rock musician, carpenter and a graduate of Duke Law School, Professor Williams clerked for the Honorable Douglas H. Ginsburg on the U.S. Court of Appeals for the District of Columbia Circuit. He became an associate with Covington & Burling in Washington, D.C., in 1988 at a time when the federal government began asserting claims for damages to natural resources. Professor Williams was among the first attorneys to develop an expertise in this area. His initial scholarship focused on the problem of placing monetary values on natural resources. While in private practice, Williams also represented clients pro bono in post-conviction death penalty proceedings, and he maintains an interest in constitutional law, particularly congressional powers. He joined the School of Law in 1991.

Arthur Mark WeisburdArthur Mark Weisburd
Martha M. Brandis Professor of Law
University of North Carolina School of Law

Weisburd, a native Arkansan, joined the Foreign Service in 1970 after earning his A.B. from Princeton in that year. He served in East Pakistan/Bangladesh from 1971 to 1973. He resigned from the Foreign Service in 1973 to enter law school at the University of Michigan, where he was a notes editor on the Michigan Law Review. From 1976 to 1981, he was an associate with the Washington, D.C., law firm of Wilmer, Cutler & Pickering. He joined the faculty of the University of North Carolina School of Law in 1981. He teaches civil procedure, international law and a course on international human rights. Weisburd has published a number of articles, a book and a set of casebooks dealing with international law, international human rights law and the relationship between international law and the law of the United States.

Ingrid WuerthIngrid Wuerth
Professor of Law
Vanderbilt University School of Law

Ingrid Wuerth's research focuses on foreign affairs, international law and comparative constitutional law. She joined Vanderbilt’s law faculty in 2007 from the University of Cincinnati College of Law, where she twice won the Goldman Prize for Teaching Excellence. She visited at Vanderbilt in the spring of 2007. Professor Wuerth graduated from the University of Chicago Law School, where she served on the Law Review and was elected to the Order of the Coif. After law school, she clerked for the Honorable Jan E. DuBois, U.S. District Judge for the Eastern District of Pennsylvania and for the Honorable Jane R. Roth, U.S. Court of Appeals for the Third Circuit and practiced at Dechert, Price and Rhoads in Philadelphia. In 1997 she was named a Chancellor’s Scholar of the Alexander Humboldt Foundation. In that capacity, she has served as a research fellow at both the Free University (2006) and the Humboldt University in Berlin, Germany (1997-98). She spent the summer and fall of 2007 working at the Free University as a Fulbright Scholar. Professor Wuerth serves as the co-chair of the American Society of International Law's Interest Group on International Law in the Domestic Courts.

 

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