Thursday September 24, 2009
4:30 p.m.-5:30 p.m.
Moot Court Room
Center for Business Law and Regulation Lecture
Case Western Reserve University School of Law

Government grows. It grows as the economy grows; it grows as the economy shrinks; it grows by leaps and bounds in any kind of emergency. Government programs grow when they succeed; often they grow even more when they fail. Compared to government spending, which is tracked and debated through the fiscal budget, government regulatory programs are less transparent and accountable, and often their effects are less well-understood.

The Office of Information and Regulatory Affairs (OIRA) is charged with overseeing regulatory activity, and understanding regulations’ effects. From its position in the White House Office of Management and Budget, OIRA has reviewed the executive branch’s regulatory, information and statistical policy activities since its establishment in 1981. OIRA’s authorities have grown and changed with different presidencies, but its overarching goal – to evaluate new regulatory and information collection mandates to determine whether they make the public better off – has withstood the test of time. While expressing support for the office’s function, President Obama has indicated that he may modify its responsibilities.

Susan E. Dudley, an expert on government regulation and its effects, will share her insight on how the federal regulatory process does – and does not – operate, how federal regulations proceed through the process of centralized Executive Branch review, and offer her thoughts on how the federal regulatory process may change in the future. Her talk will give lawyers new perspective on the federal regulatory process and its potential effects on private sector economic activity.

Susan E. Dudley served as OIRA Administrator from April 2007 to January 2009, and also on the professional staff in the 1980s.

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As the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs (OIRA) of the U.S. Office of Management and Budget from April 2007 through January 2009, Susan Dudley was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.

Prior to OIRA, Ms. Dudley directed the Regulatory Studies Program at the non-profit Mercatus Center at George Mason University, where she also taught courses on regulation. Earlier in her career, Ms. Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday September 23, 2009
4:30 p.m.-5:30 p.m.
Moot Court Room
Louis C. Greenwood Lecture
Presented by CISCDR (Center for the Interdisciplinary Study of Conflict and Dispute Resolution)
Case Western Reserve University School of Law

Professor Fellman examines the standard justifications for war and show how each is lacking. War is a social invention and can be succeeded by peace, which is another social invention. He will discuss three reasons—two of them structural and one social psychological—that war persists in this era.

- One is the gains it means for those sectors of the economy that profit from selling the implements of war, servicing the war machine once it is in place, and reconstructing what has been destroyed in war.

- Second is the pervasiveness of normative masculinity (which he calls “traditional masculinity”). He claims that the warrior is the quintessence and culmination of the qualities of normative masculinity and try to show some of the contradictions and hidden problems there. He suggests how normative masculinity can be reconceived and reconstructed to value avoiding war above making war.

- The third element of the argument is social psychological. Anger is inadequately studied as a major problem in human affairs. It is likely that all societies redirect anger away from its real sources (in family, relationships, work, government, etc.) to substitute objects. Creating enemies and making war upon them is perhaps the most dramatic of these practices.

Prof. Fellman concludes by making a series of recommendations for how to move past war.

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Gordon Fellman received his Ph.D. from Harvard University. At Brandeis, he chairs the undergraduate Peace and Conflict Studies Program. Prof. Fellman teaches War and Possibilities of Peace, Social Class and Social Change, Marx and Freud, Sociology of Empowerment, Psychoanalytic Sociology, and Sociology of the Israeli-Palestinian Confrontation. In his courses, his book and other writings, the central question he explores is: “What are the sources, in history and in the self’s development and inner workings, of unnecessary human suffering? How can it be thoughtfully, carefully, mindfully reduced?”

In spring 1998, Prof. Fellman worked with the Brandeis student group, Students for a Free Tibet, planning and carrying out “Seven Weeks on Tibet,” 16 programs that led up to a visit from the Dalai Lama that May.

In June 1998, he published the book Rambo and the Dalai Lama: The Compulsion to Win and Its Threat to Human Survival (Albany: SUNY Press). The book builds from the proposition that until now most encounters have been organized so that the point of them is to overcome the other. This is true for the most part of relations between men and women, parents and children, whites and non-whites, leaders and publics, rich and poor, labor and management, athletic teams, business firms, advanced societies and developing societies, straight and gay, tall and short, well and ill, and so on. Prof. Fellman calls this adversary assumption, that one must strive to overcome or submit to being overcome, the basis of the adversary paradigm. The ultimate expression of the adversary tendency is murder, and that collectively is war.

Historically, alongside the adversary paradigm and in secondary relation to it, is the mutuality paradigm, based on the mutuality assumption, that the other can be a friend, a colleague, an ally. Prof. Fellman claims that a more fully mutualistic society is already at hand, but in minor form that is difficult to recognize until it is identified. His goal is to move beyond analysis, offering hope in the form of visions of mutuality, to actions to help bring it about.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday September 17, 2009
6:30 p.m. – 7:30 p.m.
Ford Auditorium, Allen Memorial Library
Frank J. Battisti Memorial Lecture and Constitution Day Lecture
Sponsored by the Case Western Reserve University School of Law

Sister Helen is a southern storyteller. She will bring the audience on her journey – how she got involved in the death penalty, how her book, Dead Man Walking, became a movie, a play, and an opera. She will explain how those who attend the lecture can become involved in this issue, if they would like to.

Sr. Helen will discuss the universal concerns of justice, the morality of the death penalty, the injustice that occurs in death penalty cases, and the effort to strike a balance between recognizing the rights of the defendant and being aware of and sensitive to the impact of the crime on victims, their families, and society.

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Sister Helen Prejean was born on April 21, 1939, in Baton Rouge, Louisiana. She joined the Sisters of St. Joseph of Medaille in 1957 and received a B.A. in English and Education from St. Mary’s Dominican College, New Orleans in 1962. In 1973, she earned an M.A. in Religious Education from St. Paul’s University in Ottawa, Canada. She has been the Religious Education Director at St. Frances Cabrini Parish in New Orleans, the Formation Director for her religious community, and has taught junior and senior high school students.

Sister Helen began her prison ministry in 1981 when she dedicated her life to the poor of New Orleans. While living in the St. Thomas housing project, she became pen pals with Patrick Sonnier, the convicted killer of two teenagers, sentenced to die in the electric chair of Louisiana’s Angola State Prison.

Upon Sonnier’s request, Sister Helen repeatedly visited him as his spiritual advisor. In doing so, her eyes were opened to the Louisiana execution process. Sister Helen turned her experiences into a book that not only made the 1994 American Library Associates Notable Book List, it was also nominated for a 1993 Pulitzer Prize. Dead Man Walking: An Eyewitness Account of the Death Penalty in the United States was number one on the New York Times Best Seller List for 31 weeks. It also was an international best seller and has been translated into ten different languages.

In January 1996, the book was developed into a major motion picture starring Susan Sarandon as Sister Helen and Sean Penn as a death row inmate. Produced by Polygram Pictures, the film was directed and written by Tim Robbins. The movie received four Oscar nominations including Tim Robbins for Best Director, Sean Penn for Best Actor, Susan Sarandon for Best Actress, and Bruce Springsteen’s “Dead Man Walking” for Best Song. Susan Sarandon won the award for Best Actress.

The book was the basis for a new opera. It was presented by the San Francisco Opera and premiered in October 2000. The libretto was written by Terrance McNally. Jake Heggie composed the music.

Sister Helen and Dead Man Walking have been the subject of numerous media stories and reviews in the U.S., Canada, Spain, Holland, England, Scotland, France and Australia. She has been featured in the New York Times Magazine, Vogue, Good Housekeeping, the St. Anthony Messenger, the Ligourian, the Chicago Tribune, the Atlanta Constitution, the Times Picayune, the San Francisco Chronicle, the New Orleans Magazine, the Tablet, Sisters Today and numerous other print media.

Her broadcast appearances include 60 Minutes, NBC’s Today Show, ABC World News Tonight; the Tom Snyder Show on CNBC, Larry King Live (radio), the Phil Donahue Show, BBC World Service Radio, National Public Radio’s Weekend Edition and Fresh Air, an NBC Special on the Death Penalty, the Canadian Broadcast Company Man Alive, the BBC’s Everyman, ABC’s Prime Times Live, and PBS’ Frontline.

Fifteen years after beginning her crusade, the Roman Catholic sister has witnessed five executions in Louisiana and today educates the public about the death penalty by lecturing, organizing and writing. As the founder of “Survive,” a victim’s advocacy group in New Orleans, she continues to counsel not only inmates on death row, but the families of murder victims, as well.

Sister Helen has served on the board of the National Coalition to Abolish the Death Penalty from 1985–1995, and has served as Chairperson of the Board from 1993–1995. She is also a member of Amnesty International and an honorary member of Murder Victim Families for Reconciliation. She presently is the Honorary Chairperson of Moratorium Campaign, a group gathering signatures for a world-wide moratorium on the death penalty. On December 18, 2000 S. Helen, Paul Hoffman, board member of Amnesty International and Mario Marizziti, representative of The St. Egidio Community in Rome, Italy presented Kofi Annan, Secretary General of the U.N. with 2.5 million signatures from people all over the world who are calling for a moratorium on the death penalty.

Her book Dead Man Walking was on the New York Times bestseller list for 31 weeks. It was also on the International bestseller list. It has been translated into ten different languages.

S. Helen’s second book, The Death of Innocents: An Eyewitness Account of Wrongful Executions, was published in December 2004. In it, she tells the story of two men, Dobie Gillis Williams and Joseph O’Dell, whom she accompanied to their executions. She believes both of them were innocent. In The Death of Innocents she takes the reader through all the evidence, including evidence the juries never heard either due to the incompetence of the defense lawyers or the rigid formalities of court procedure. S. Helen examines how flaws inextricably entwined in the death penalty system inevitably lead to innocent people being executed and render the system unworkable.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Jonathan L. Entin, J.D., Associate Dean Professor of Law and Political Science Case Western Reserve University School of Law

Shannon French, Ph.D., Director, Inamori International Center for Ethics and Excellence Case Western Reserve University

Thursday September 17, 2009
12:00 p.m.-1:30 p.m.
Thwing Center, 1914 Room
Case Western Reserve University
Sponsored by the Case Center for Policy Studies

Capital punishment involves a fundamental public policy that, far more than most, is shaped by how the courts interpret the U.S. Constitution. As an issue, it highlights disputed principles of constitutional interpretation. It also poses starkly the question of how conflicting values of “justice” are or are not relevant to the work of interpreting the law. On September 17, the CWRU School of Law has invited Sister Helen Prejean to give the Frank J. Battisti Memorial Lecture at 6:30 p.m. Sister Helen is a well-known opponent of the death penalty, as portrayed by Susan Sarandon in the film, Dead Men Walking.

In order to provide a more extensive investigation of what this issue tells us about the Constitution in American life, the Center for Policy Studies has invited three members of our faculty for a panel discussion, based on their varied experience as a death penalty litigator, constitutional lawyer, and ethicist, and to respond to a series of questions from a student panel.

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Michael Benza received his J.D. from Case Western Reserve University School of Law and an M.A. in Clinical Psychology from Pepperdine University. He has taught at CWRU since 1998, including a course on the death penalty and the Death Penalty Lab, in which he supervises and directs students working on death penalty issue research for active cases. He has brought cases to the 6th Circuit and to the Supreme Court, and will be arguing a case before the Supreme Court this term. Professor Benza won the Professor of the Year Award from the Student Bar Association for 2007-08.

Jonathan L. Entin teaches both Constitutional Law and a Supreme Court Seminar among his courses at the School of Law. In his Constitutional Law courses, he reports, “I try to help my students learn the doctrine and theory that good lawyers have to know to represent clients, but I also aim to provide them with the historical and philosophical perspectives they will need to participate in the ongoing conversation about what kind of society we aim to be.” He has won several teaching awards.

Shannon French came to CWRU in 2008 from the U.S. Naval Academy, where she was associate chair of the Department of Leadership, Ethics, and Law. In addition to directing the Imamori Center, Dr. French is Associate Professor of Philosophy and an associate editor of the Journal of Military Ethics. Dr. French has contributed articles and book chapters on present day conduct of war issues such as defiing terrorism, the use of torture, and the moral responsibility of leaders. Her 2003 book, The Code of the Warrior: Exploring Warrior Values, Past and Present poses the fundamental question of when killing is not murdering.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Daniel Moulthrop Producer/Host National Public Radio Cleveland, WCPN 90.3FM

Panelists

Jordan J. Paust Mike and Teresa Baker Law Center Professor of International Law University of Houston Law Center

Professor Stephanie Farrior Director, International & Comparative Law programs Vermont Law School former Chief Counsel, Amnesty International

Professor Julian Ku Associate Dean Hofstra University School of Law

Professor Cassandra Robertson Case Western Reserve University School of Law

Michael P. Scharf John Deaver Drinko-Baker & Hostetler Professor of Law Case Western Reserve University School of Law

Friday September 11, 2009
8:30 a.m.-5:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
War Crimes Research Symposium
Presented by the Frederick K. Cox International Law Center

Co-sponsored by: Institute for Global Security Law and Policy, Inamori Center for International Ethics and Excellence, Public International Law and Policy Group, International Association of Penal Law, American Society of International Law, International Law Association – American Branch, American Bar Association – International Law Section, and The Maltz Museum of Jewish Heritage. Made possible by a grant from the Wolf Family Foundation.

In January 2009, President Obama signed an executive order banning torture and calling for the closure of the Guantanamo Bay detention facility within a year. Authorities must now decide what to do about the detainees at Guantanamo Bay as well as the former officials behind the torture policies and memos. In this unique day-long conference, two dozen of the world’s leading experts participating in four roundtable discussions will examine such questions as: Who must be released from U.S. detention? Where should they be sent? Where should the remaining detainees be held? What procedures should govern their continued detention? Which of the remaining detainees should face trial? What form of trial should be used? And should the architects of the U.S. torture policies and memos face justice?

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Dan Moulthrop is the founding host of The Sound of Ideas®, which airs weekday mornings at nine. He joined ideastream® in 2005 as WCPN’s local anchor of Morning Edition. Prior to joining ideastream, he lived in the San Francisco Bay area where worked on print, television and video projects, including co-authoring Teachers Have it Easy: The Big Sacrifices and Small Salaries of America’s Teachers (with Nínive Calegari and Dave Eggers; The New Press, 2005). He holds a master’s in journalism from the University of California, Berkeley. Before turning to journalism, he taught English at San Lorenzo High School and a variety of subjects at the San Francisco County Jail. His work has received important recognition from The Ohio Society of Professional Journalists and Public Radio News Directors, Incorporated, as well as many other organizations. He lives in Shaker Heights with his wife and three children.

Jordan J. Paust received an A.B. and J.D. from UCLA, an LL.M. from the University of Virginia, and is a J.S.D. Candidate at Yale University (in residence, Ford Foundation Fellowship, 1973-75). Professor Paust has also been a Visiting Edward Ball Eminent Scholar University Chair in International Law at Florida State University, a Fulbright Professor at the University of Salzburg, Austria, and a faculty member of the U.S. Army Judge Advocate General’s School, International Law Division. He has served on several committees on international law, human rights, laws of war, terrorism, and the use of force in the American Society of International Law, the American Branch of the International Law Association, and the American Bar Association, and was Co-Chair of the American Society’s International Criminal Law Interest Group. He was Chair of the Section on International Law of the Association of American Law Schools and was on the Executive Council and the President’s Committee of the American Society of International Law. One of the most widely cited law professors in the U.S., he is ranked among the top two percent in Leiter’s study for 2000-2007. Two of his articles were cited by the U.S. Supreme Court. Among his books are: Paust, Van Dyke, Malone, International Law and Litigation in the U.S. (Thomson – West Group, 3 ed. 2009); Paust, International Law as Law of the United States (2 ed. 2003); Paust, Bassiouni, et al., International Criminal Law: Cases and Materials (3 ed. 2007); Paust, Bassiouni, et al., Human Rights Module (2 ed. 2006). Prof. Paust has published more than 165 articles, book chapters, papers and essays in law journals in Belgium, Canada, China, England, Germany, Greece, Israel, Japan, the Netherlands, and the U.S.: at Yale, Harvard, Columbia, Stanford, Michigan, Virginia, Cornell, Texas, Duke, the American Journal of International Law, and elsewhere.

Stephanie Farrior is Professor of Law and Director of International and Comparative Law Programs at Vermont Law School. She has been a Visiting Scholar at Georgetown University Law Center and Visiting Researcher at Harvard Law School, and has taught international law courses at Oxford, George Washington, American and Pennsylvania State universities. She serves on the Executive Council of the American Society of International Law. Professor Farrior’s scholarly research focuses on the role and functioning of international organizations in protecting human rights, issues relating to identity-based discrimination, and state accountability for human rights abuses by non-state actors. Her work has been published by Oxford and Cambridge University Presses, appeared in Harvard, Columbia, and Berkeley law journals, and been cited by several UN special rapporteurs in their reports to the United Nations.

Prof. Farrior is former Legal Director and general counsel of Amnesty International at its International Secretariat in London. She has worked closely with numerous United Nations human rights bodies, and conducted human rights missions to India, Malawi, Pakistan and Yemen. She co-founded the Amnesty International Lawyers Network, and served on the founding Board of Directors of the Center for Justice and Accountability. She holds an LL.M. from Harvard Law School, a J.D. from American University, and an M.A. from the University of Pennsylvania. Born in Bangkok, Prof. Farrior grew up there and in Hong Kong, Kuala Lumpur, Tokyo and Washington DC; she has also lived in Athens, Avignon and London.

Julian Ku teaches international, constitutional, and corporate law subjects. His main research interest is the intersection of international and domestic law. He has recently published articles on the constitutional aspects of foreign relations in the Yale Law Journal, the Supreme Court Review and Constitutional Commentary. He also is a co-founder of the international law weblog Opinio Juris.

Before joining the Hofstra faculty in 2002, Professor Ku served as a law clerk to Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit, and as an Olin Fellow and Lecturer in Law at the University of Virginia Law School. Prof. Ku also practiced as an associate at the New York City law firm of Debevoise & Plimpton, specializing in litigation and arbitration arising out of international disputes. Prof. Ku has also been a visiting professor at the College of William and Mary, Marshall-Wythe School of Law in Williamsburg, Virginia. He received his B.A. from Yale University and his J.D., Yale Law School

Prior to joining the law faculty in 2007, Cassandra Robertson served as Law Clerk to Chief Justice Thomas R. Phillips of the Supreme Court of Texas, Assistant Solicitor General for the Office of the Attorney General of Texas, and Staff Attorney to Justices Michael H. Schneider and Phil Johnson of the Supreme Court of Texas. Her recent publications include “Bringing the Camel Into the Tent: State and Federal Power Over Electricity Transmission” (Cleveland State Law Review 2001), “Providing Access to the Future: How the Americans with Disabilities Act Can Remove Barriers in Cyberspace” (Denver University Law Review 2001), “Separating Snake Oil from Therapeutic Supplements: The Nexus Between Litigation and Regulation in the Dietary Supplement Industry (University of Toledo Law Review 2003), and “Appellate Review of Discovery Orders in Federal Court: A Suggested Approach for Handling Privilege Claims” (Washington Law Review 2006). She teaches Civil Procedure and Professional Responsibility. Prof. Robertson received her B.A. in 1993 (University of Washington) and her M.A./M.P. Aff. in 1998 and J.D. in 2002 (Texas).

In 2004-05, Michael Scharf served as a member of the international team of experts that provided training to the judges of the Iraqi High Tribunal, in 2006 he led the first training session for the investigative judges and prosecutors of the newly established U.N. Cambodia Genocide Tribunal, and in November 2008 he served as Special Assistant to the Prosecutor of the Cambodia Tribunal. He is currently co-leader of a USAID-funded project to assist the government of Uganda in establishing a special war crimes chamber and truth commission. In February 2005, Scharf and the Public International Law and Policy Group, a Non-Governmental Organization he co-founded, were nominated for the Nobel Peace Prize by six governments and the Prosecutor of an International Criminal Tribunal for the work they have done to help in the prosecution of major war criminals, such as Slobodan Milosevic, Charles Taylor, and Saddam Hussein.

During the elder Bush and Clinton Administrations, Scharf served in the Office of the Legal Adviser of the U.S. Department of State, where he held the positions of Attorney-Adviser for Law Enforcement and Intelligence, Attorney-Adviser for United Nations Affairs, and delegate to the United Nations Human Rights Commission. A graduate of Duke University School of Law (Order of the Coif and High Honors), and judicial clerk to Judge Gerald Bard Tjoflat on the Eleventh Circuit Federal Court of Appeals, Scharf is the author of over seventy scholarly articles and thirteen books, including two that have won national “Book of the Year” awards. Scharf has also testified before the U.S. Senate Foreign Relations Committee and the House Armed Services Committee; and his Op Eds have been published by the Washington Post, Los Angeles Times, Boston Globe, Christian Science Monitor, and International Herald Tribune. Recipient of the Case Western Reserve University School of Law Alumni Association’s 2005 “Distinguished Teacher Award” and Ohio Magazine’s 2007 “Excellence in Education Award,” Scharf teaches International Law, International Criminal Law, the Law of International Organizations, and the War Crimes Research Lab.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Professor Lewis Katz Director, LL.M. in U.S. and Global Legal Studies Case Western Reserve University School of Law

Panelists

Professor Scott L. Silliman Duke University School of Law

Justin Herdman Assistant U.S. Attorney, Cleveland

Professor Amos Guiora S.J. Quinney Law School University of Utah

James J. Benjamin, Jr. author, Human Rights First Report Partner, Akin Gump Strauss Hauer & Feld LLP

Captain Glenn Sulmasy Associate Professor of Law U.S. Coast Guard Academy author, National Security Court System

Friday September 11, 2009
8:30 a.m.-5:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
War Crimes Research Symposium
Presented by the Frederick K. Cox International Law Center

Co-sponsored by: Institute for Global Security Law and Policy, Inamori Center for International Ethics and Excellence, Public International Law and Policy Group, International Association of Penal Law, American Society of International Law, International Law Association – American Branch, American Bar Association – International Law Section, and The Maltz Museum of Jewish Heritage. Made possible by a grant from the Wolf Family Foundation.

In January 2009, President Obama signed an executive order banning torture and calling for the closure of the Guantanamo Bay detention facility within a year. Authorities must now decide what to do about the detainees at Guantanamo Bay as well as the former officials behind the torture policies and memos. In this unique day-long conference, two dozen of the world’s leading experts participating in four roundtable discussions will examine such questions as: Who must be released from U.S. detention? Where should they be sent? Where should the remaining detainees be held? What procedures should govern their continued detention? Which of the remaining detainees should face trial? What form of trial should be used? And should the architects of the U.S. torture policies and memos face justice?

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Lewis Katz has taught criminal law and criminal procedure at the law school since 1966. He is the author of articles covering Fourth Amendment subjects and sentencing issues. He is also the co-author of West’s “Ohio Criminal Law and Procedure” treatise, the author of West’s Ohio Arrest, Search and Seizure book, an annual publication in its eighteenth edition, and the co-author of West’s Ohio Felony Sentencing Law. He is also a co-author of The New York Supression Manual. In 1992, Professor Katz developed the law school’s LL.M. program, a program designed for foreign lawyers. Since 1992, more than 600 students from more than 60 countries have earned LL.M. degrees at the law school.

Prof. Katz received his law degree from Indiana University (Bloomington). He has been involved in two landmark U.S. Supreme Court decisions, Terry v. Ohio and Cleveland Board of Education v. LaFleur. Professor Katz’s publications have been cited in two Supreme Court decisions and more than 400 lower courts. He also has served as an advisor to the Ohio Sentencing Commission and co-authored Ohio’s 1995 felony sentencing reform legislation.

Scott L. Silliman joined the Duke Law faculty in 1993. He is also an adjunct at the University of N. Carolina at Chapel Hill, and at N. Carolina Central University. Professor Silliman received his B.A. in Philosophy (1965) and his J.D. (1968) from the University of N. Carolina at Chapel Hill. He participated in a four-year Air Force ROTC program and was called to active duty as a judge advocate in 1968. He has been staff judge advocate (senior attorney) at two large installations and three major Air Force commands. As senior attorney for Tactical Air Command and later Air Combat Command, he was general counsel to the commander of the largest principal organization within the Air Force, with 185,000 military and civilian personnel at 46 primary locations throughout the world. There he managed a command law firm of 715 active duty and reserve lawyers, paralegals, and civilian support staff. During the Persian Gulf War, he supervised the deployment of all Air Force attorneys and paralegals for Operations Desert Shield/Desert Storm. In 1993, after 25 years of service, he retired from the Air Force as a colonel.

Prof. Silliman’s teaching and research is focused on national security law, military law, and the law of armed conflict. He is widely sought as a lecturer on national security and the Law of War, and a frequent commentator on CNN, National Public Radio, and other programs, on issues of military law and national security. Prof. Silliman is a commissioner on the national Commission on Military Justice and a member of the American Bar Association’s Standing Committee on Law and National Security. He is also a member of the Judge Advocates Association, a national organization of active duty, reserve, and retired military lawyers from all the services.

Justin Herdman is currently assigned to the National Security Unit at the U.S. Attorney’s office. As part of his official duties, he is responsible for investigating and prosecuting international and domestic terrorism, espionage, and related national security cases in the 40 northernmost counties of Ohio. He was part of the team that obtained convictions in United States v. Mohammad Zaki Amawi, et al., a terrorism trial held in Toledo, Ohio during spring 2008. He was also the lead prosecutor in United States v. Zubair Ahmed, et al., another terrorism case in Toledo, and recently obtained convictions in that case in January 2009. Mr. Herdman is an Assistant Adjunct Professor of Law at Case Western Reserve University, where he has taught “Counterterrorism Law & Policy” since 2006.

Prior to returning home to the Cleveland area in 2005, Mr. Herdman was an Assistant District Attorney in New York City where he prosecuted a wide range of violent crime and identity theft cases. During his first week on the job, he witnessed firsthand the terrorist attacks on the World Trade Center. He also currently serves as an intelligence officer in the United States Navy Reserve. He is a graduate of Ohio University (B.A. in International Studies and Economics, 1996), the University of Glasgow (M.Phil in Russian & Eastern European Studies, 1998) and Harvard Law School (J.D., 2001). Mr. Herdman is appearing at this seminar in a non-official capacity and does not represent official Justice Department policy.

Amos Guiora teaches Criminal Law, Criminal Procedure, International Law, Global Perspectives on Counter-terrorism, and Religion and Terrorism. In addition, he incorporates innovative scenario-based instruction to address national and international security issues and dilemmas. Professor Guiora is a Research Fellow at the International Institute on Counter-Terrorism, The Interdisciplinary Center, Herzeliya, Israel, a Corresponding Member, The Netherlands School of Human Rights Research, University of Utrecht School of Law and has been awarded a Senior Specialist Fulbright Fellowship for The Netherlands in 2008.

Prof Guiora has published extensively both in the U.S. and Europe on issues related to national security, limits of interrogation, religion and terrorism and the limits of power. Prof Guiora is the author of “Global Perspectives on Counterterrorism,” “Fundamentals of Counterterrorism,” “Constitutional Limits on Coercive Interrogation” and “Freedom from Religion.” He served for 19 years in the Israel Defense Forces Judge Advocate General’s Corps (Lt. Col. Ret.). He held a number of senior command positions, including Commander of the IDF School of Military Law, Judge Advocate for the Navy and Home Front Command, and the Legal Advisor to the Gaza Strip.

James J. Benjamin Jr. represents clients in a wide variety of government and regulatory investigations and litigation, including matters arising under the federal securities laws. Before joining Akin Gump in early 2001, he was a federal prosecutor in the U.S. Attorney’s Office for the Southern District of New York for more than five years. There, he was deputy chief appellate attorney and a member of the Securities and Commodities Fraud Task Force. As an assistant U.S. attorney, he received an award for superior performance from Attorney General Janet Reno in 2000. Before joining the U.S. Attorney’s Office, Mr. Benjamin was a law clerk at the U.S. Supreme Court for Justices Lewis F. Powell Jr. and John Paul Stevens. Earlier, he worked for several years as an associate at a major Washington-based law firm and served as a law clerk for the Honorable J. Frederick Motz, a federal district judge in the District of Maryland.

Mr. Benjamin received his A.B. magna cum laude in 1987 from Dartmouth College, where he was a member of Phi Beta Kappa and was awarded the Colby Government Prize. He earned his J.D. in 1990 from the University of Virginia School of Law, where he was the research and projects editor of the Virginia Law Review and a member of the Order of the Coif. He is a member of the New York, Maryland and District of Columbia bars and is admitted to practice before numerous federal courts. Mr. Benjamin is a member of the New York Council of Defense Lawyers, the New York City Bar Association’s Task Force on National Security and the Rule of Law, and the New York American Inn of Court. With Richard B. Zabel, he co-authored a report for Human Rights First, “In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts.”

Captain Glenn Sulmasy is a judge advocate and an expert in national security law. He has been on the faculty of the U. S. Coast Guard Academy since July 2001 where he is the first permanent military law professor (tenured) in the school’s history. He has also been on the faculty of the International Law Department at the U. S. Naval War College and has been an adjunct faculty member at the Roger Williams University School of Law since 1999.

Cpt. Sulmasy has had military tours in the Persian Gulf War, narcotics interdiction in the Caribbean, was a fellow/advisor on national security matters to former Congressman Rob Simmons (Ct-2), and as a prosecutor. Cpt. Sulmasy publishes and lectures widely on the law of armed conflict, international law and national security matters. He is an expert commentator for media outlets such as National Public Radio, The Associated Press, The LA Times, the San Francisco Chronicle, The New York Times and Fox News, among others, on issues such as the War on al Qaeda, Guantanamo Bay Detention Center (GITMO) and other national security matters.

A former national security and human rights fellow at the Carr Center for Human Rights Policy at the Harvard Kennedy School, he is a graduate of the U. S. Coast Guard Academy, and the U. C. Berkeley School of Law (Boalt Hall). He is the author of The National Security Court System – A Natural Evolution of Justice in an Age of Terror (Oxford University Press/2009).

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Professor Michael J. Kelly Associate Dean for International Programs Creighton University

Panelists

Professor Matthew Waxman Columbia Law School

Nicholas Rostow University Counsel and Vice Chancellor for Legal Affairs State University of New York (SUNY)

Captain Gregory Noone, J.D., Ph.D. U.S. Navy Professor of Political Science West Virginia University

Laura Olson Senior Counsel The Constitution Project former ICRC Legal Advisor

Devon Chaffee Advocacy Counsel Human Rights First

Friday September 11, 2009
8:30 a.m.-5:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
War Crimes Research Symposium
Presented by the Frederick K. Cox International Law Center

Co-sponsored by: Institute for Global Security Law and Policy, Inamori Center for International Ethics and Excellence, Public International Law and Policy Group, International Association of Penal Law, American Society of International Law, International Law Association – American Branch, American Bar Association – International Law Section, and The Maltz Museum of Jewish Heritage. Made possible by a grant from the Wolf Family Foundation.

In January 2009, President Obama signed an executive order banning torture and calling for the closure of the Guantanamo Bay detention facility within a year. Authorities must now decide what to do about the detainees at Guantanamo Bay as well as the former officials behind the torture policies and memos. In this unique day-long conference, two dozen of the world’s leading experts participating in four roundtable discussions will examine such questions as: Who must be released from U.S. detention? Where should they be sent? Where should the remaining detainees be held? What procedures should govern their continued detention? Which of the remaining detainees should face trial? What form of trial should be used? And should the architects of the U.S. torture policies and memos face justice?

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Michael J. Kelly is Chair of the Association of American Law Schools Section on National Security Law and the newly elected president of the U.S. National Chapter of L’Association International du Droit Pénal, a Paris-based society of international criminal law scholars, judges and attorneys founded in 1924 that enjoys consultative status with the United Nations. Professor Kelly’s research and teaching focuses on the fields of international and comparative law and Native American law. He is the author and co-author of four books and over thirty articles and book chapters in these areas, and his work is among the top 15 percent downloaded from the Social Science Research Network.

Prof. Kelly received his LL.M. in International & Comparative Law from Georgetown University and his J.D. and B.A. from Indiana University. He most recently traveled to Iraqi Kurdistan to meet with genocide survivors and consult with the Kurdish Regional Parliament in Erbil on problematic issues in the new draft constitution for the Kurdish Region.

Matthew C. Waxman is an Adjunct Senior Fellow for Law and Foreign Policy at the Council on Foreign Relations and a member of the Hoover Institution Task Force on National Security and Law. Professor Waxman previously served at the United States Department of State, as Principal Deputy Director of Policy Planning (2005-2007). His prior government appointments include Deputy Assistant Secretary of Defense for Detainee Affairs, Director for Contingency Planning & International Justice at the National Security Council, and special assistant to National Security Advisor Condoleezza Rice.

He is a graduate of Yale College and Yale Law School, and studied international relations as a Fulbright Scholar in the United Kingdom. After law school, he served as law clerk to Supreme Court Justice David H. Souter and United States Court of Appeals Judge Joel M. Flaum.

Nicholas Rostow Nicholas Rostow came to SUNY in March 2006 with substantial U.S. government experience at the highest levels. At the U.S. Mission to the U.N., he was General Counsel and Senior Policy Adviser to the U.S. Permanent Representative October 2001-August 2005. He was an integral member of the Mission’s senior management and representation on the Security Council and in the General Assembly. Mr. Rostow’s activities included representation of the U.S. on the Security Council’s Counter-Terrorism Committee, responsibility for matters involving international criminal tribunals, and participation in the negotiation of Security Council and General Assembly resolutions regarding the Middle East, including Iraq, terrorism, proliferation of weapons of mass destruction, African conflicts (Sudan, Congo, Liberia, Burundi). He also was the Mission’s resident expert on the international law governing the use of force and the laws of war.

Mr. Rostow was Special Assistant for National Security Affairs to Presidents Reagan and George H.W. Bush and Legal Adviser to the National Security Council under National Security Advisers Colin L. Powell and Brent Scowcroft (1987-93). He provided legal counsel to the National Security Adviser and his staff. He also served as Counsel and Deputy Staff Director of the House Select Committee on Military/Commercial Concerns with the People’s Republic of China (the Cox Committee), 1998-99, and Staff Director of the Senate Select Committee on Intelligence, 1999-2000.

A teacher and scholar, Mr. Rostow held the Charles H. Stockton Chair in International Law at the U.S. Naval War College in 2001. He has also taught at the University of Tulsa College of Law and the Fletcher School of Law and Diplomacy of Tufts University. He earned his B.A., summa cum laude (1972), his Ph.D. in history, and his J.D. from Yale. He has published in the fields of diplomatic history, international law, and issues of U.S. national security and foreign policy.

Gregory P. Noone is a member of the Public International Law and Policy Group and worked for the U.S. Institute of Peace (USIP), an independent, nonpartisan federal institution created by the U.S. Congress to promote research, education, and training on the prevention, management and peaceful resolution of international conflicts. At USIP, he received a Special Act Award for his work in Afghanistan. Previously in the U.S. Navy Judge Advocate General (JAG) Corps, Professor Noone was acting Head of the International Law Branch and the Foreign Military Rights Affairs Branch of the JAG International and Operational Law Division at the Pentagon. He also served at the Defense Institute of International Legal Studies (DIILS) where he trained senior military, governmental and non-governmental civilian personnel in more than 35 countries. He has trained members of the Iraqi National Congress, the post-genocide government in Rwanda, the post-Taliban government in Afghanistan, civil society in the Sudan, and senior members of the Russian government. Prof. Noone has also worked as a government prosecutor and a criminal defense counsel. He received a B.A. in Political Science from Villanova University, an M.A. in International Affairs from The Catholic University of America, a J.D. from Suffolk University Law School, and a Ph.D. in Political Science (International Relations) from West Virginia University. A Captain in the U.S. Naval Reserve, he is Commanding Officer of the Navy JAG International and Operational Law reserve unit. Prof. Noone is Staff Judge Advocate for the Office for Administrative Review and Detention of Enemy Combatants (OARDEC) at the Pentagon and Guantanamo Bay, Cuba. He is a graduate of the Canadian Forces College’s Joint Reserve Command and Staff Programme (JRCSP 12). In addition, he is an adjunct professor at Roger Williams University School of Law and Case Western Reserve University School of Law. He has published and presented articles on the Rwandan Genocide, the International Criminal Court, and Military Tribunals. He is a regular commentator on international and national TV and radio.

Laura M. Olson is Senior Counsel for The Constitution Project and President of BLACKLETTER CONSULTING, LLC. From 1997-2008, she worked for the International Committee of the Red Cross (ICRC). She was Legal Advisor to the ICRC Regional Delegation in Washington, D.C. from 2005-2007. She was responsible for legal support to ICRC activities in the U.S. and Canada, including for ICRC visits to the U.S. detention facility at Guantanamo Bay, Cuba. Previously, she was Legal Advisor at the ICRC Headquarters in Geneva, Switzerland, as well as the Delegate responsible for the program to academic circles and universities at the ICRC Moscow Regional Delegation.

During spring and summer of 2008, Ms. Olson was a Visiting Scholar at Notre Dame Law School’s Center for Civil and Human Rights, as well as an American Society of International Law Fellow. She was Project Director for ASIL’s Task Force on U.S. Policy Toward the International Criminal Court from summer 2008 to spring 2009. She holds a LL.M. from New York University School of Law and a J.D. and M.A. in philosophy from the University of Iowa. Her writing covers matters of international humanitarian law, transitional justice, as well as the relationship between international humanitarian and human rights law during armed conflict.

In the Washington D.C. office of Human Rights First, Devon Chaffee advocates for U.S. counter-terrorism and national security policies that respect human rights. In this role, she has served as an observer to the military commissions’ proceedings in Guantánamo Bay, Cuba, testified before the Helsinki Commission on the laws prohibiting cruel interrogation, and is a co-author of a joint Human Rights First/Physicians for Human Rights report Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality.

While in law school Ms. Chaffee interned with the Documentation Center of Cambodia in Phnom Penh, the Committee on Conscience at the U.S. Holocaust Memorial Museum, and the Center for Applied Legal Studies- Asylum Clinic. She interviewed Darfurian refugees in Eastern Chad as part of a U.S. State Department investigation. Ms. Chaffee received her J.D. magna cum laude from Georgetown University Law Center (2006), where she was a Public Interest Law Scholar, and her B.A. from Hampshire College (2001) in International Relations and Human Rights.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Professor Robert Strassfeld Director, Institute for Global Security Law and Policy Case Western Reserve University School of Law

Panelists

Larry May, Ph.D. Professor of Philosophy Vanderbilt University

Captain Keith Petty U.S. Army Judge Advocate General Department of Defense Office of Military Commissions

Professor Michael Newton Vanderbilt University Law School co-author, Enemy of the State

Professor Gregory McNeal Pennsylvania State University The Dickinson School of Law

Colonel (ret.) Morris D. Davis, USAF former Chief Prosecutor Office of Military Commissions

Friday September 11, 2009
8:30 a.m.-5:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
War Crimes Research Symposium
Presented by the Frederick K. Cox International Law Center

Co-sponsored by: Institute for Global Security Law and Policy, Inamori Center for International Ethics and Excellence, Public International Law and Policy Group, International Association of Penal Law, American Society of International Law, International Law Association – American Branch, American Bar Association – International Law Section, and The Maltz Museum of Jewish Heritage. Made possible by a grant from the Wolf Family Foundation.

In January 2009, President Obama signed an executive order banning torture and calling for the closure of the Guantanamo Bay detention facility within a year. Authorities must now decide what to do about the detainees at Guantanamo Bay as well as the former officials behind the torture policies and memos. In this unique day-long conference, two dozen of the world’s leading experts participating in four roundtable discussions will examine such questions as: Who must be released from U.S. detention? Where should they be sent? Where should the remaining detainees be held? What procedures should govern their continued detention? Which of the remaining detainees should face trial? What form of trial should be used? And should the architects of the U.S. torture policies and memos face justice?

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Before joining the faculty in 1988, Robert Strassfeld clerked for Judge Harrison L. Winter of the U.S. Court of Appeals for the Fourth Circuit and then practiced for three years at the Washington, D.C. firm, Shea & Gardner. Mr. Strassfeld teaches Torts, Federal Courts, Labor Law, and Legal History. He has published articles on theoretical aspects of causation in the George Washington and Fordham law reviews and on law and the Vietnam War in the Wisconsin, North Carolina, and Duke law reviews. He is coauthor of Understanding Labor Law. His current research includes continuing work on the legal history of the Vietnam War and a history of African American lawyers in Cleveland

Lawrence May is Professorial Fellow, Centre for Applied Philosophy and Public Ethics, Charles Sturt University in Canberra, Australia. Professor May is a political philosopher who has worked on conceptual issues in collective and shared responsibility, as well as normative issues in international criminal law. He has also worked on professional ethics and the Just War tradition. Prof. May has a B.S. in international affairs from Georgetown University’s School of Foreign Service, and an M.A. and Ph.D. in Philosophy from the New School for Social Research, where he was Hannah Arendt’s last research assistant. He also has a J.D. from Washington University. Prof. May has published 21 books and more than 80 articles. His writings have been translated into French, Spanish, German, Italian, Polish, Serbian, Japanese, Chinese, and Korean.

He has recently published a series of books on international criminal law: Crimes Against Humanity: A Normative Account (Cambridge, 2005); War Crimes and Just War (Cambridge, 2007); Aggression and Crimes Against Peace (Cambridge 2008); and Genocide: A Normative Account (Cambridge, forthcoming 2009). These books have won awards in law, from the American Society of International Law, and the International Association of Penal Law, American Section, and also in philosophy, from the American Philosophical Association, and the North American Society for Social Philosophy, as well as two awards in the field of international relations from the American Library Association. He has just finished the penultimate draft of a book on Global Justice and Due

Captain Keith A. Petty is a prosecutor in the Office of Military Commissions, and is responsible for prosecuting High-Value Detainees in Guantanamo Bay, Cuba. He is currently detailed to several active cases, most notably the pending trial United States v. Omar Khadr.

Previously, Captain Petty was a trial attorney in one of the busiest jurisdictions in the U.S. Army at Fort Hood, Texas. During his assignment to the 1st Cavalry Division, he deployed to Baghdad, Iraq for a year as a Command Judge Advocate, advising combatant commanders and soldiers on the law of war and rules of engagement. While in Iraq, he also served as a liaison to local government officials on rule of law initiatives, including preparing for Iraq’s first free elections in January 2005. Prior to his military service, Cpt. Petty was an adjunct assistant professor at Case Western Reserve University School of Law, where he taught the War Crimes Prosecution Lab with Professor Michael P. Scharf. Cpt. Petty’s first experience with war crimes prosecutions was as an intern at the Trial Chambers of the International Criminal Tribunal for the Former Yugoslavia.

Cpt. Petty has published in the areas of national security law, international criminal law, and human rights. He received his LL.M. with distinction from Georgetown University Law Center. He earned his J.D. from Case Western Reserve University School of Law and his B.A. from Indiana University. Cpt. Petty is admitted to the Bar in the state of Illinois.

Before teaching at Vanderbilt, Michael Newton was Associate Professor of Law at the U.S. Military Academy. He has published more than 50 articles, editorials, and book chapters in journals such as, inter alia, The International Review of the Red Cross, Cornell International Law Journal, Connecticut Journal of International Law, Military Law Review, The Virginia Journal of International Law, and The Yearbook of International Peacekeeping. He co-authored Enemy of the State: The Trial and Execution of Saddam Hussein (2008 St. Martins Press).

At the Office of War Crimes Issues, U.S. Department of State, Professor Newton negotiated the Elements of Crimes document for the International Criminal Court. He assisted the establishment of the Iraqi High Tribunal, taught Iraqi jurists, and was an International Law Advisor to the Judicial Chambers. He was the U.S. representative on the U.N. Planning Mission for the Sierra Leone Special Court. A member of the International Institute of Humanitarian Law and the International Bar Association, he has made media appearances on CNN, BBC, Fox, Court TV, NPR, among others. He is on the American Society of International Law Task Force on U.S. Policy Toward the ICC, and was an appointed expert in support of the Task Force on Genocide Prevention established by the U.S. Holocaust Memorial Museum and the U.S. Institute of Peace. Prof. Newton has supported the Public International Law & Policy Group advising governments across the globe. A graduate of the U.S. Military Academy at West Point he was an armor officer until his selection for the Judge Advocate General’s Funded Legal Education Program. He earned more than two dozen military decorations during 21 years of service. Prof. Newton earned his J.D. and an L.LM. from the University of Virginia School of Law and is a member of the Virginia Bar. He also received an L.LM from the Judge Advocate General’s School, where he was Professor of International and Operational Law (1996-1999).

Gregory McNeal’s research employs organizational theory to analyze the institutions and challenges associated with counterterrorism, with a particular substantive focus on criminal law and procedure, national security law and international criminal law. His legal scholarship is published or is forthcoming in the Northwestern University Law Review, the Richmond Law Review, and the Depaul Law Review, among others. His books include Saddam on Trial (with Michael Scharf) and Counterterrorism Law Across Borders: Differing Perspectives on Rights and Security (with Amos Guiora).

Professor McNeal previously co-directed a transnational counterterrorism prosecution program between the U.S. Department of Justice and senior counterterrorism prosecutors in Europe. He also served as a consultant to the Chief Prosecutor for the Department of Defense Office of Military Commissions. He is currently the editor of the widely read National Security Law Report, a publication of The American Bar Association’s Standing Committee on Law and National Security. His nonacademic writing has appeared in publications such as The New York Times, The Washington Times, and The Baltimore Sun. He frequently appears on national and international television and radio programs as an expert commentator on counterterrorism and international criminal law and has been quoted by The New York Times, The Associated Press, and other publications.

Morris Davis served as a judge advocate in the U.S. Air Force from October 1983 until he retired as a colonel in October 2008. From September 2005 until October 2007, he was the chief prosecutor for the military commissions at Guantanamo Bay, Cuba. He led a multi-agency prosecution task force of more than 100 personnel from the Department of Defense, Department of Justice, Central Intelligence Agency, Federal Bureau of Investigation, and other federal agencies. For nearly two years he was one of the most visible and most vocal advocates for military commissions and for the detention facility at Guantanamo Bay. He asked to resign from his position as chief prosecutor in October 2007, primarily because of his objection to the use of evidence obtained by some enhanced interrogation techniques. After his resignation was accepted, he became a vocal critic of torture and the politicization of the military commissions. His final assignment before retiring from the Air Force was as director of the Air Force Judiciary where he oversaw the Air Force criminal justice system and supervised nearly 265 people at sites around the world.

Col. Davis earned a BS in criminal justice from Appalachian State University, a JD from North Carolina Central University School of Law, a LLM in government procurement law from George Washington University, and a LLM in military law from the U.S. Army Judge Advocate General School. His military decorations include the Legion of Merit, six Meritorious Service Medals, the Global War on Terrorism Expeditionary Medal, and Global War on Terrorism Service Medal. He was included in the Center for Responsibility and Ethics in Washington report, Those Who Dared: 30 Officials Who Stood Up for Our County. At the Congressional Research Service, he heads the Foreign Affairs, Defense and Trade Division.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Dean Robert Rawson Case Western Reserve University School of Law

Michael Scharf Professor of Law, Director of the Frederick K. Cox International Law Center Director of the Cox Center War Crimes Research Office Case Western Reserve University School of Law

Opening Lecture:

General John D. Altenburg, Jr. Of Counsel, Greenberg Traurig former Convening Authority, Military Commissions

Friday September 11, 2009
8:30 a.m.-5:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
War Crimes Research Symposium
Presented by the Frederick K. Cox International Law Center

Co-sponsored by: Institute for Global Security Law and Policy, Inamori Center for International Ethics and Excellence, Public International Law and Policy Group, International Association of Penal Law, American Society of International Law, International Law Association – American Branch, American Bar Association – International Law Section, and The Maltz Museum of Jewish Heritage. Made possible by a grant from the Wolf Family Foundation.

In January 2009, President Obama signed an executive order banning torture and calling for the closure of the Guantanamo Bay detention facility within a year. Authorities must now decide what to do about the detainees at Guantanamo Bay as well as the former officials behind the torture policies and memos. In this unique day-long conference, two dozen of the world’s leading experts participating in four roundtable discussions will examine such questions as: Who must be released from U.S. detention? Where should they be sent? Where should the remaining detainees be held? What procedures should govern their continued detention? Which of the remaining detainees should face trial? What form of trial should be used? And should the architects of the U.S. torture policies and memos face justice?

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Major General John Altenburg is a principal with the Washington D.C. office of Greenberg Traurig, an international law firm with offices in 31 cities. Before joining Greenberg Traurig in 2002 he was a consultant on governance and ethics issues to the President, World Bank Group. He served as the Appointing Authority for Military Commissions from March, 2004 to November, 2006, when he returned to Greenberg Traurig. He had concluded a 28 year Army Judge Advocate career in 2001 as the Deputy Judge Advocate General of the Army with extensive experience in trial advocacy and legal oversight of peacekeeping and combat operations.

Gen. Altenburg was the U.S. Representative on the Experts Panel at the International Institute of Humanitarian Law in San Remo, Italy. He authored “Rhetoric or Reality? Winning the Battle of Ideas,” in the Barry Law Review, Volume 7, pp 149–167, Fall 2006. He co-authored “Terrorism, State Responsibility, and the Uses of Military Force” in the Chicago Journal of International Law, Spring 2003. Gen. Altenburg earned a BA in English and International Studies from Wayne State University, JD from the University of Cincinnati College of Law, and MMAS in History from the U.S. Army Command and General Staff College (CGSC) and graduated from the National Security program at the National War College. His decorations include the Distinguished Service Medal, Legion of Merit (2), Bronze Star Medal (2), Master Parachutist Badge, Combat Diver’s Badge, and Special Forces Tab.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

J.B. Silvers Ph.D., Treuhaft Professor of Health Systems Management Case Western Reserve University

Joseph White Ph.D., Luxenberg Family Professor of Public Policy Case Western Reserve University

Thursday September 10, 2009
12:00 p.m.-1:30 p.m.
Thwing Center, 1914 Room
Case Western Reserve University
Sponsored by the Case Center for Policy Studies

One of the most striking aspects of the current health care reform debate is that opponents of health care reform insist it would cause care to be “rationed” – and that many experts both agree and say it would be a good thing. But is it true?

Three of Case Western Reserve University’s health care policy scholars are not so sure both that “rationing” is needed to control costs, and that “rationing” is the right way to discuss either ethical choices or cost control for medical care.

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Robert H. Binstock is Professor of Aging, Health, and Society at Case Western Reserve University. His primary appointments are in the Department of Epidemiology and Biostatistics and the School of Nursing, and he holds secondary appointments as a Professor in the departments of Bioethics, Medicine, Political Science, and Sociology.

A former president of the Gerontological Society of America, Dr. Binstock also served as director of a White House Task Force on Older Americans, and as chairman and member of a number of advisory panels to the United States government, state and local governments, and foundations. He has frequently testified before the U.S. Congress. Dr. Binstock is also a former Chair of the Gerontological Health Section of the American Public Health Association, and presently a member of the MacArthur Foundation’s Aging Society Network, and the National Academies of Science Planning Committee for an Academy-wide Initiative on the Grand Challenges of an Aging Society.

Professor Binstock has published about 300 articles, book chapters, monographs, and books. His 25 authored and edited books include Aging Nation: The Economics and Politics of Growing Older in America (2008), and six editions of the Handbook of Aging and the Social Sciences (the most recent published in 2006). One of the most common arguments in favor of “rationing” asserts that a large factor in health care costs is excess services for medical care to elder Americans, especially at the end of life; and Professor Binstock is one of the most eminent authorities in the country on this issue.

J.B. Silvers is the Elizabeth M. and William C. Treuhaft Profssor of Health Systems Management and Professor of Banking and Finance in the Weatherhead School of Management. He serves as Faculty Director of the Health Systems Management Center, holds a joint appointment in the School of Medicine, and is current Chair of the Department of Banking and Finance.

Dr. Silvers’ research in the areas of financial management and health services has been published in a wide range of journals, including the Journal of the American Medical Association, Medical Care, Health Services Research, the Journal of Health Politics, Policy and Law, and the Journal of Finance. From 1997 to 2000, while on leave from CWRU, he served as President and Chief Executive Officer of QualChoice, the health plan and insurance company created by University Hospitals Health System. Professor Silvers currently serves on the board of the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), and for seven years he was a Commissioner on the Prospective Payment Assessment Commission, advising Congress on Medicare payments for hospital care. His experience with seeking to manage health care payments from the payer side, with Medicare’s successes and failures in controlling costs, and in studies of the health care system give him very broad perspective on both the sources of costs and what any attempt to control utilization by “rationing” could mean.

Joseph White is the Luxenberg Family Professor of Public Policy, Chair of the Department of Political Science, Director of the Center for Policy Studies, and holds a secondary appointment in the Department of Epidemiology and Biostatistics.

He is the author or co-editor of only five books and nowhere near 300 articles. But he has published extensively on issues ranging from federal budgeting to how other countries finance health care to policies for health care cost control. He wrote the entry on health care cost control for the Oxford Textbook of Medicine 4th ed (5th ed. Forthcoming), and the entry on National Health Care/Insurance Systems for the International Encyclopedia of the Social and Behavioral Sciences 4th ed. His work on health care costs has been published in the New England Journal of Medicine, Health Affairs, Journal of Health Politics, Policy and Law, Milbank Quarterly, and Annals of Internal Medicine, among other journals. He has been closely involved with efforts to define what a “public plan” would mean in the current reform efforts, as well as the prospects for cost control in the various plans being debated in Congress. As a budget scholar he will claim to know far more than most commentators about how government allocation of resources works in practice, and how that relates to current proposals.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday September 2, 2009
12:00 p.m.-1:00 p.m.
Moot Court Room
Case Western Reserve University School of Law
Sponsored by the Frederick K. Cox International Law Center Lecture in Global Legal Reform
Co-sponsored by: Inamori International Center for Ethics and Excellence

Judge Pillay is this year’s recipient of the Cox Center International Humanitarian Award for Advancing Global Justice. Established in 2003, it has been awarded to the Hon. Philippe Kirsch, President, International Criminal Court; Amb. Hans Corell, U.N. Under-Secretary-General for Legal Affairs; Judge Thomas Buergenthal, International Court of Justice; Luis Moreno-Ocampo, Prosecutor, International Criminal Court; and Robert Petit, International Prosecutor, Khmer Rouge Tribunal/Extraordinary Chambers in the Courts of Cambodia.

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Additional Information About Our Guest

Born in South Africa, Judge Navi Pillay received her Bachelor of Arts and her Bachelor of Law degree from Natal University in South Africa and later a Master of Law and Doctor of Juridical Science at Harvard University, U.S.A.

She opened her law practice in 1967 – the first woman to do so in Natal Province. As senior partner in the firm, she represented many opponents of apartheid. She handled precedent-setting cases to establish the effects of solitary confinement, the right of political prisoners to due process, and the family violence syndrome as a defense.

In 1995 she was appointed acting judge of the High Court of South Africa by the Mandela Government, the first woman of colour and first attorney to serve on the Bench.

Judge Pillay was elected by the United Nations General Assembly to be a judge on the International Criminal Tribunal for Rwanda, where she served for eight years, including four years as president. She participated in the case of the Prime Minister of Rwanda, Jean Kambanda, convicting him of Genocide and sentencing him to life imprisonment and in the case of Jean-Paul Akayesu, finding him guilty of Rape as an act of Genocide. She was presiding judge in the “Media” trial which set precedential standards for Press Freedom and Press responsibility.

In February 2003, Judge Pillay was elected by the Assembly of State Parties to the Rome Statute, as one of the 18 Judges of the International Criminal Court (ICC), based in The Hague and serves on its Appeals Chamber.

Judge Pillay’s commitment to human rights and to women’s issues extends beyond her work on the bench. She is currently honorary chair for Equality Now and serves on the Board of Directors for Nozala Investments, the women’s component of the National Economic Initiative. She has also held key positions with the Women Lawyers Association, the Advice Desk for Abused Women, Lawyers for Human Rights, the Women’s National Coalition, Black Lawyers Association and many other groups. She also lectures widely on legal and social issues of equality and human rights.

Judge Pillay received awards from the International Bar Association for outstanding international woman lawyer from the National Bar Association of USA, the Association of Law Societies of South Africa for excellence in the pursuit of human rights and was elected honorary member of the American Society of International Law (ASIL). In December 2003 she was awarded the Peter Gruber Foundation Women’s Rights Prize and in June 2004 she was awarded the Harvard Law School Association Award. Judge Pillay was recently awarded the Honorary Doctorate of Civil Law at a graduation ceremony at Durham University, UK, in June 2007, she received an honorary doctorate in Laws (LLD) from Rhodes University, South Africa in 2005 and in May 2006 she was awarded an Honorary doctorate of Laws (LLD) at The City University of New York.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Thursday August 20, 2009
4:30 p.m.-5:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
Sponsored by the Frederick K. Cox International Law Center
Case Abroad at Home Lecture

This lecture will introduce the concept of the moral rights of the author, a special branch of copyright law dealing with the artistic, personal, and cultural interests implicated in copyright works. The session will seek to familiarize authors with the approach to moral rights in the United States and major international jurisdictions, including the European Union and United Kingdom, Canada, and India. Moral rights are an area of growing international importance, and there is a strong probability that moral rights claims and concerns will become increasingly common in an era of expanding digital technology. This seminar will help lawyers to identify moral rights issues in their practices, and to present effective arguments on moral rights claims, based on national and international copyright laws.

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Mira T. Sundara Rajan has been based in Vancouver since 2004. Her training in law, economics, and politics was acquired at leading Canadian and French universities, and she read for her DPhil specializing in Copyright Law at the Oxford Intellectual Property Research Centre of St Peter’s College (2003). Professor Sundara Rajan has published a book on copyright and law reform – Copyright and Creative Freedom: A Study of Post-Socialist Law Reform (Routledge 2006) – and she has been invited to edit a developing Oxford University Press Series – Intellectual Property: Eastern Europe and the CIS (2008-). She has a special interest in the non-commercial aspects of authors’ rights in their work, known as “moral rights,” and her work has helped to pioneer recognition for them in diverse jurisdictions. It has influenced a seminal Indian case establishing the responsibility of the Indian government for protecting works of culture in its care, Amar Nath Sehgal v Union of India (Delhi High Court, 2005), and affected the treatment of totem poles on public display in the West Coast city of Duncan, for which she wrote a “Totem Policy” in 2008. Prof. Sundara Rajan has also had a unique opportunity to explore the legal issues surrounding the digitization of museum collections with Oxford’s Pitt Rivers Museum. Mira is currently at work on a new book, Moral Rights and New Technology, to be published by Oxford University Press in 2010.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

William A. Birdthistle Professor of Law Chicago-Kent College of Law

David Porter Jones Day (retired) Adjunct Professor Case Western Reserve University School of Law

Friday April 17, 2009
8:45 a.m.-3:00 p.m.
Moot Court Room
Case Western Reserve University School of Law
George A. Leet Business Law Symposium
Presented by the Center for Business Law and Regulation

Symposium speakers will examine the question of private vs. public ownership — if and how it affects corporations, shareholders, and markets.

The Symposium will address a wide range of issues in the corporate and securities field, including: Shareholder voting, SEC proxy rules on shareholder voting and shareholder proposals; the role of proxy advisory services; the validity of shareholder initiatives in corporate governance; the role of hedge funds and sovereign wealth funds in corporate governance; the role of tender offers and defenses against tender offers (including staggered boards and poison pills); the propriety of current levels of executive compensation, the effectiveness of various elements of executive compensation as appropriate incentives, the role of shareholders in approving executive compensation; and the effects of devices that separate voting rights from the economic interests of common stock ownership.

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Robert Thompson is a leading scholar in corporations law, corporate finance and securities regulation. He is the author of a number of leading books and articles, many including innovative empirical research in these and related fields. Prof. Thompson has testified before committees of Congress, a state legislature, and the New York Stock Exchange. Since 1991, he has been the editor of the Corporate Practice Commentator, served as an adviser for the American Law Institute’s Restatement (Third) of Agency and chaired two sections of the Association of American Law Schools.

During 2004-2005, he was chair of Vanderbilt University’s Faculty Senate. Prof. Thompson teaches corporations, securities regulation, and co-teaches joint law and business courses on equity markets and business mergers and acquisitions. He joined the Vanderbilt law faculty in 2000 from Washington University School of Law, where he was George Alexander Madill Professor of Law and Director of the Center for Interdisciplinary Studies. He earned his B.A. from Vanderbilt University and his J.D. from the University of Virginia.

William Birdthistle joined Chicago-Kent in 2006. He teaches business organizations, securities regulation, investment funds, and international business transactions. Previously, he practiced for five years at Ropes & Gray in Boston, where he was a corporate associate in the investment management division. There he worked primarily on matters involving mutual funds and hedge funds, focusing specifically on governmental investigations into allegations of malfeasance in the mutual fund industry. Prof. Birdthistle is a graduate of Harvard Law School, where he served as managing editor of the Harvard Law Review. He received his B.A. summa cum laude in English and psychology from Duke University in 1995. Following law school, Prof. Birdthistle clerked for Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the 9th Circuit.

Prof. Birdthistle has been published in the Wall Street Journal, Chicago Tribune and Christian Science Monitor, as well as in the University of Chicago Law Review, Harvard Law Review, Green Bag, Loyola of Los Angeles Entertainment Law Review and Tulane Law Review. His article on exchange-traded funds published in the Delaware Journal of Corporate Law has been selected for inclusion in the Securities Law Review anthology of the top 10 securities law review articles of 2008. He is a citizen of the Republic of Ireland and spent eight years living in Marsa el-Brega, Libya, and nine years living in Kuala Lumpur, Malaysia, before coming to the U.S. in 1991 for undergraduate studies.

David Porter recently retired as a Partner in the Cleveland Office of the international law firm Jones Day, and currently teaches the basic and advanced Securities Regulation courses at Case Western Reserve University School of Law. He also is actively involved in law-related public service with the Ohio State Bar Association, where he chairs the Corporation Law Committee that reviews and recommends improvements to Ohio’s entity statutes, and with the Cleveland Metropolitan Bar Association, where he is part of a team that is engaged in a project to organize legal clinics that will provide pro bono non-litigation services to small nonprofit organizations.

During more than 27 years at Jones Day, Mr. Porter’s practice included advising clients on a broad range of corporate activities. For more than 10 years, his work was principally in the areas of corporate governance and corporate structuring and counseling, as well as securities disclosure and offering work. His clients included public companies in such diverse industries as aerospace, automotive, industrial, mining, public utility, real estate and telecommunications. He is a regular speaker and writer on corporate law and securities topics. He is a graduate of the University of California at Davis, where he earned a Bachelor of Science degree (Biological Sciences) in 1975, and of Case Western Reserve University School of Law, where he received his Juris Doctor degree in 1981.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Onnig Dombalagian Associate Professor of Law Tulane University Law School

George W. Dent, Jr. Schott-van den Eynden Professor Case Western Reserve University School of Law

Friday April 17, 2009
8:45 a.m.-3:00 p.m.
Moot Court Room
Case Western Reserve University School of Law
George A. Leet Business Law Symposium
Presented by the Center for Business Law and Regulation

Symposium speakers will examine the question of private vs. public ownership — if and how it affects corporations, shareholders, and markets.

The Symposium will address a wide range of issues in the corporate and securities field, including: Shareholder voting, SEC proxy rules on shareholder voting and shareholder proposals; the role of proxy advisory services; the validity of shareholder initiatives in corporate governance; the role of hedge funds and sovereign wealth funds in corporate governance; the role of tender offers and defenses against tender offers (including staggered boards and poison pills); the propriety of current levels of executive compensation, the effectiveness of various elements of executive compensation as appropriate incentives, the role of shareholders in approving executive compensation; and the effects of devices that separate voting rights from the economic interests of common stock ownership.

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Edward B. Rock was named the Inaugural Saul A. Fox Distinguished Professor of Business Law in 2001. He was named Co-Director of the Institute for Law and Economics in 1998. Prof. Rock has written widely on topics including: mergers and acquisitions; international venture capital; the role of institutional investors in corporate governance; close corporations; the role of norms in corporate law; the overlap between corporate law and antitrust; the overlap between corporate law and labor law; comparative corporate law; and the regulation of mutual funds.

Prof. Rock joined the University of Pennsylvania Law School in 1989 and served as Associate Dean from 2006 to 2008. Since 2001, he has also been Professor of Business and Public Policy at The Wharton School, University of Pennsylvania.

A Fulbright Scholar and Visiting Professor of Law at The Hebrew University of Jerusalem, Israel; Prof. Rock has also been a Visiting Professor at Columbia Law School; and a Visiting Professor in International Banking and Capital Markets Law at the Institut fur Arbeits-Wirtschafts und Zivil Recht at Johann Wolfgang Goethe – Universitaet, Germany.

Onnig Dombalagian served as an attorney fellow at the U.S. Securities and Exchange Commission and practiced in the field of broker-dealer and financial market regulation as an associate in the Washington D.C. office of Cleary, Gottlieb, Steen & Hamilton. He is a member of the FINRA (Financial Industry Regulatory Authority) Roster of Neutrals and recently completed a summer fellowship at the SEC. This year at Tulane, Prof. Dombalagian is teaching Business Enterprises I; Securities Regulation and Business Enterprises II; Corporate Finance. He has also taught securities regulation and finance at the American University of Armenia. In 2007, he received the Felix Frankfurter Distinguished Teaching Award from the graduating class.

Prof. Dombalagian served as publishing editor of the Harvard Law Review while in law school and clerked for the Honorable J. Edward Lumbard on the U.S. Court of Appeals for the Second Circuit upon graduation.

George W. Dent, Jr. taught law at New York University, Cardozo, and the New York Law School before joining the Case Western Reserve University School of Law faculty in 1990. Earlier he had clerked for Judge Paul R. Hays of the U.S. Court of Appeals, Second Circuit, and practiced corporate law in New York with Debevoise, Plimpton, Lyons & Gates. Prof. Dent is the faculty supervisor for the Business Organizations Concentration.

His published articles include “Academics in Wonderland: The Team Production and Director Primacy Models of Corporate Governance,” Houston Law Review (2008); “Corporate Governance: Still Broke, No Fix in Sight” and Journal of Corporation Law (2005). Prof. Dent also writes on law and religion: “Civil Rights for Whom: Gay Rights Versus Religious Freedom,” University of Kentucky Law Journal (2006-07); and “How Does Same-Sex Marriage Threaten You?,” Rutgers Law Review (2007). Director of the National Association of Scholars and president of the Ohio Association of Scholars, he is an officer of Cleveland Chapter of the Federalist Society and heads the Law Section of the Association for the Study of Free Institutions. Prof. Dent is chairman of the Ohio State Advisory Committee to the U.S. Commission on Civil Rights. He received his B.A. (1969) and a J.D. (1973) from Columbia and an LL.M. (1981) from New York University.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Robert Rawson Interim Dean Case Western Reserve University School of Law

George W. Dent, Jr. Schott-van den Eynden Professor Case Western Reserve University School of Law

Panel One: An Institutional Investor’s Perspective

John Wilcox Chairman of Sodali, Ltd. (international investor advisory consulting firm) former Senior VP and Head of Corporate Governance, TIAA-CREF

Katherine Combs Senior Vice President, Corporate Governance Corporate Secretary Deputy General Counsel Exelon Corporation

Simon Peck, Ph.D. Professsor of Marketing and Policy Studies Weatherhead School of Management Case Western Reserve University

Friday April 17, 2009
8:45 a.m.-3:00 p.m.
Moot Court Room
Case Western Reserve University School of Law
George A. Leet Business Law Symposium
Presented by the Center for Business Law and Regulation

Symposium speakers will examine the question of private vs. public ownership — if and how it affects corporations, shareholders, and markets.

The Symposium will address a wide range of issues in the corporate and securities field, including: Shareholder voting, SEC proxy rules on shareholder voting and shareholder proposals; the role of proxy advisory services; the validity of shareholder initiatives in corporate governance; the role of hedge funds and sovereign wealth funds in corporate governance; the role of tender offers and defenses against tender offers (including staggered boards and poison pills); the propriety of current levels of executive compensation, the effectiveness of various elements of executive compensation as appropriate incentives, the role of shareholders in approving executive compensation; and the effects of devices that separate voting rights from the economic interests of common stock ownership.

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Robert Rawson became Interim Dean of the School of Law in December 2008. He is a partner with the Cleveland office of Jones Day where he counsels and litigates issues concerning antitrust and trade regulation. Mr. Rawson has handled cases involving mergers and acquisitions, price discrimination, monopolization and attempted monopolization, price-fixing, class actions, intellectual property cases raising antitrust issues, and takeovers. He has significant experience in general commercial litigation, for both the defense and the plaintiff side.

Mr. Rawson has also had successful appellate arguments in the Second, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits. For 20 years he served his alma mater, Princeton, as a member of its Board of Trustees, during the last 13, he has been Chairman of the Executive Committee of the Board. He is currently Chairman of the National Civic League, which assists communities and local governments to operate more successfully and efficiently, and Chairman of the Northeast Ohio Council on Higher Education, a consortium of 26 educational institutions working to enlarge their impact in the region. He has been a member of the Board of the Lawyers Committee for Civil Rights and is past Chairman of the Cleveland Initiative for Education, which marshals private resources in aid of the Cleveland Public Schools.

A Rhodes Scholar, Mr. Rawson received an M.A. in Philosophy, Politics, and Economics (1968) from Oxford University and his A.B. Phi Beta Kappa (1966) from Princeton. He earned his J.D. (1971) from Harvard University. He is a member of the ABA (Antitrust Law, Litigation, and Law Practice Management Sections), the Ohio State Bar Association (Antitrust Section), the Cleveland Bar Association, and the Bar Association of the District of Columbia.

George W. Dent, Jr. taught law at New York University, Cardozo, and the New York Law School before joining the Case Western Reserve University School of Law faculty in 1990. Earlier he had clerked for Judge Paul R. Hays of the U.S. Court of Appeals, Second Circuit, and practiced corporate law in New York with Debevoise, Plimpton, Lyons & Gates. Prof. Dent is the faculty supervisor for the Business Organizations Concentration.

His published articles include “Academics in Wonderland: The Team Production and Director Primacy Models of Corporate Governance,” Houston Law Review (2008); “Corporate Governance: Still Broke, No Fix in Sight” and Journal of Corporation Law (2005). Prof. Dent also writes on law and religion: “Civil Rights for Whom: Gay Rights Versus Religious Freedom,” University of Kentucky Law Journal (2006-07); and “How Does Same-Sex Marriage Threaten You?,” Rutgers Law Review (2007). Director of the National Association of Scholars and president of the Ohio Association of Scholars, he is an officer of Cleveland Chapter of the Federalist Society and heads the Law Section of the Association for the Study of Free Institutions. Prof. Dent is chairman of the Ohio State Advisory Committee to the U.S. Commission on Civil Rights. He received his B.A. (1969) and a J.D. (1973) from Columbia and an LL.M. (1981) from New York University.

John Wilcox In addition to his work at Sodali Ltd., an international investor advisory consulting firm, John Wilcox is also an independent consultant on corporate governance to TIAA-CREF, where he was Senior Vice president and Head of Corporate Governance from 2005 to 2008. He also acts as Senior Advisor of J-Eurus, an investor relations firm in Tokyo. Prior to joining TIAA-CREF he was chairman of Georgeson & Company, Inc, the U.S. Proxy Solicitor. In over 25 years in the industry he has consulted with many corporations on defensive and offensive tactics in proxy contests and tender offers.

A prominent figure in global governance circles, Mr. Wilcox is currently Chairman of the Cross-Border Voting Committee of the International Corporate Governance Network. He is also a Member of the Euronext Advisory Board. Other professional memberships include the American Society of Corporate Secretaries and its Securities Law Committee, the National Investor Relations Institute, and the Issuer Affairs Committee of The National Association of Securities Dealers.

Mr. Wilcox has written articles on securities regulation, takeovers, corporate governance, investor relations and globalization of the securities markets. He has testified before Congress and regulatory agencies on a variety of matters relating to securities regulation.

He received a B.A. from Harvard College, an M.A. from the University of California, Berkeley, a J.D. from Harvard Law School, and an LL.M degree from New York University Graduate School of Law. He is a member of the American and New York Bar Associations.

Katherine Combs provides legal advice and support for the Exelon board of directors and its committees. Located in Chicago, Illinois, Exelon is the largest electric and gas utility, and nuclear power generator in the U.S. Ms. Combs is responsible for corporate governance, oversees SEC reporting and compliance, provides legal counseling on securities laws and regulations, and manages shareholder services. She chairs the Ethics and Compliance Committee and Corporate Policies Committee. She serves on the Corporate Citizenship Review Committee and manages Exelon’s subsidiary management and records management. Ms. Combs was deputy general counsel and corporate secretary and earlier was chief regulatory counsel of one of Exelon’s predecessor companies, PECO Energy Company. Previously, she was in-house regulatory counsel for Bell Telephone Company of Pennsylvania (now Verizon), and before that a law associate with Pepper Hamilton, LLC (Philadelphia).

Ms. Combs is on the board of “Inside the Boardroom,” a corporate governance series for executives at Drexel University’s LeBow College of Business, and on the Steering Committee of Broadridge, Inc. She is a trustee of the Erikson Institute (research institute and graduate school for early childhood education professionals), and chairs its audit committee. A graduate of Northwestern University, she received her law degree from the West Virginia University College of Law. She is a member of the Order of the Coif and the Order of the Barristers and was lead articles editor of the Law Review. She completed the Stanford University Graduate School of Business executive program. She is a 2008 recipient of the Women’s Venture Fund’s “Highest Leaf Award.”

Simon Peck received economics degrees from the University of Warwick, and did his Ph.D. at the University of Leeds in the UK. He has previously worked at Warwick Business School, and City University Business School, London and at the University of St. Gallen in Switzerland.

Prof. Peck’s research focuses on (i) the efficacy of internal corporate governance mechanisms, and in particular the issue of the relationships between the board of directors, executive compensation and corporate performance and (ii) the strategic planning processes in companies. He has published a number of academic articles in these areas in outlets such as the Academy of Management Journal, the Strategic Management Journal and Organization Science. He is an associate editor of the journal LRP: Long Range Planning, and on the editorial board of the Journal of Management Studies.

Prof. Peck has been involved in consulting and collaborative research with a number of organizations including PricewaterhouseCoopers, William M. Mercer and KPMG. He currently teaches strategic management in the MBA program at the Weatherhead School.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Moderator:

Kathy Hessler
Director and Clinical Professor
Animal Law Clinic
Lewis and Clark Law School

Forgiveness in the Context of Family Law: ‘Healing Divorce’ Solangel Maldonado Professor of Law Seton Hall University Law School

Therapeutic Jurisprudence: from Adversarialism to Mutuality in the Practice of Law Susan Daicoff Professor of Law Florida Coastal School of Law

Promoting Full Disclosure in Medical Malpractice Cases Doug Wojcieszak Founder The Sorry Works! Coalition

Friday April 10, 2009
9:30 a.m.-3:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
CISCDR Symposium – presented by the Center for the Interdisciplinary Study of Conflict & Dispute Resolution (CISCDR)

In the second panel, legal scholars will discuss forgiveness in the context of family law, with an emphasis on healing divorce; and therapeutic jurisprudence, moving from adversarialism to greater mutuality in the practice of law. In addition, an activist who promotes full disclosure in medical malpractice cases will speak about the actual and potential impact of his organization’s approach on health care costs.

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Katherine Hessler received her LL.M. from Georgetown University Law Center and graduated with a J.D. from the Marshall-Wythe School of Law at the College of William and Mary in 1987. She also holds a B.A. from George Washington University from 1985. Professor Hessler has taught in Civil, Family, Mediation, Housing, Consumer, Social Security, and Community Development Clinics. She has also taught Animal Law, Mediation, and Focused Problem Solving.

Professor Hessler joins the Lewis and Clark faculty after teaching in the legal clinics at Case Western Reserve University School of Law, Cornell Law School, the University of Dayton, and Capital University. She is the immediate past Co-Chair of the AALS Section on Clinical Legal Education, Chair of the AALS Animal Law Section, and Chair-Elect of the Balance in Legal Education Section and on the board for the pending. She has served as a consultant to the Ohio Legal Assistance Foundation, and is active in movements relating to clinical legal education, appropriate dispute resolution, peace and nonviolence, and animal rights. Professor Hessler also taught as a fellow at the Center for Applied Legal Studies at the Georgetown University Law Center, and taught classes on nonviolence at Georgetown and at the University of Maryland. Prior to beginning her academic career, she was a staff attorney at Legal Services of Northern Virginia.

Professor Hessler’s scholarly writing has focused on animal law, the suppression of free speech, clinical legal education, and mediation. Her speaking engagements have focused on clinical legal education, animal law, and the legal implications of protest. In addition, she has experience as a mediator and has taught a mediation practicum, a mediation clinic, and an alternative dispute resolution course. Professor Hessler was the Associate Director of the Center for the Interdisciplinary Study of Conflict and Dispute Resolution Case Law School. She serves on the board of the Center for Teaching Peace, and is a founding board member of the Cleveland Summer Legal Academy.

Solangel Maldonado specializes in family law, specifically the law’s responsibility for paternal disengagement and inter-parental hostility after divorce. Her work also examines the legal and social implications of transracial and transcultural adoptions.

In 2007, Professor Maldonado’s research took her abroad. She conducted research on paternal involvement in nonmarital families at McGill University in Montreal, Canada. She also delivered the keynote address to the New Zealand Family Law Society in Christchurch, New Zealand.

Following graduation from Columbia Law School, Professor Maldonado served as a law clerk to Judge Joseph A. Greenaway, Jr., United States District Court for the District of New Jersey. She also worked as a litigation associate with Sidley, Austin, Brown & Wood and with Kaye, Scholer, Fierman, Hays & Handler, LLP.

Professor Maldonado is a member of the Hispanic National Bar Association and the Columbia College Alumni Representative Committee. She has served on the New Jersey Commission on Higher Education, the Board of Directors of the Dominican Bar Association, and the New York Supreme Court Judicial Screening Panel.

She came to Seton Hall in 2001 and was awarded a Dean’s Fellowship in 2006. She was named the Joseph M. Lynch Research Fellow in 2007.

Susan Daicoff has been a law professor since 1995. She teaches contracts, professional responsibility, and a course on law as a healing profession. She has taught corporate taxation, partnership taxation, the taxation of mergers and acquisitions, commercial paper, law and psychology, and jurisprudence. Prof. Daicoff received her J.D. with honors from the University of Florida, her LL.M. in tax from New York University, and her M.S. in clinical psychology from the University of Central Florida. She was a corporate, securities, and tax transactional lawyer in Orlando and Tampa, Florida for about five years and also practiced psychotherapy, in Orlando before becoming a professor. Since 1991, she has been researching and writing in the areas of the psychology of lawyers, lawyer personality, lawyer distress and dissatisfaction, the legal profession, professionalism, and ethical decision making by lawyers. Her major work, culminating in the 2004 book, Lawyer, Know Thyself, synthesized 40 years of empirical research on lawyers’ personality traits and related these findings to professionalism and lawyer wellbeing. She has published and regularly lectures on these topics.

Prof. Daicoff’s current research focuses on a “comprehensive law movement” she perceives in the profession, which seeks a better way to resolve legal matters. This movement encompasses several new developments, such as therapeutic jurisprudence, preventive law, restorative justice, collaborative law, creative problem solving, holistic justice, procedural justice, transformative mediation, drug treatment courts, and others, and their potential to enhance lawyer wellbeing and the legal profession.

Doug Wojcieszak is a public relations consultant who has had several personal and professional experiences with tort reform and medical malpractice issues. He lost his oldest brother to medical errors in 1998 and his family successfully sued the hospital and doctors with the case settling in 2000. The hospital attorneys apologized to Wojcieszak’s family, but only after the case was settled and money exchanged hands, and they never admitted fault for the incident. Around the same time his brother’s case was concluding, Wojcieszak left his employment with the Illinois house Republicans and accepted the position of executive director of Illinois Lawsuit Abuse Watch (I-LAW)

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Friday April 10, 2009
9:30 a.m.-3:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
CISCDR Symposium – presented by the Center for the Interdisciplinary Study of Conflict & Dispute Resolution (CISCDR)

Keynoter Jens Meierhenrich (Harvard) will share insights from his recent book, The Legacies of Law (Cambridge 2008) on the function of legal norms and institutions in the transition to and from apartheid in South Africa.

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Jens Meierhenrich (D.Phil., Oxford, 2002) is a member of Harvard’s University Committee on Human Rights Studies, and has conducted field research in several international organizations as well as in South Africa, Rwanda, Japan, Cambodia, Germany, and Argentina. He recently served in Trial Chamber II of the International Criminal Tribunal for the former Yugoslavia, and has previously worked with Luis Moreno Ocampo, Chief Prosecutor of the International Criminal Court.

A Rhodes Scholar, Prof. Meierhenrich is the author of The Legacies of Law: Long-Run Consequences of Legal Development in South Africa, 1652-2000 (Cambridge 2008) and is currently completing a genocide trilogy: The Rationality of Genocide; The Structure of Genocide; and The Culture of Genocide (Princeton, forthcoming). He is also writing Genocide: A Reader as well as Genocide: A Very Short Introduction (both Oxford, forthcoming), and finishing a book on judicial responses to the 1994 genocide in Rwanda: Lawfare: Gacaca Jurisdictions in Rwanda. Prof. Meierhenrich’s articles have appeared in numerous journals, including the American Journal of International Law, Law & Social Inquiry, Constitutional Political Economy, Ratio Juris, the Annual Review of Law and Social Science, Human Rights Quarterly, Ethics & International Affairs, Electoral Studies, the Journal of Conflict and Security Law, the Journal of Genocide Research, the Journal of International Criminal Justice, as well as in several edited volumes. In 2007, Prof. Meierhenrich was appointed Visiting Associate Professor of Law at the University of Tokyo.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Robert Rawson Interim Dean Case Western Reserve University School of Law

Calvin William Sharpe John Deaver Drinko – Baker and Hostetler Professor Director, Center for the Interdisciplinary Study of Conflict and Dispute Resolution Case Western Reserve University School of Law

Panel One: Theory: Forgiveness and Apology from Philosophical and Social Science Perspectives

Moderator: Calvin William Sharpe John Deaver Drinko – Baker and Hostetler Professor Director, Center for the Interdisciplinary Study of Conflict and Dispute Resolution Case Western Reserve University School of Law

Philosophical Perspective: Charles Griswold, Ph.D. Professor of Philosophy Boston University

Nick Smith, Ph.D. Associate Professor of Philosophy University of New Hampshire

Social Science Perspective: Julie Exline, Ph.D. Associate Professor of Psychology Case Western Reserve University

Friday April 10, 2009
9:30 a.m.-3:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
CISCDR Symposium – presented by the Center for the Interdisciplinary Study of Conflict & Dispute Resolution (CISCDR)

This symposium will integrate theory and legal practice in the area of forgiveness and reconciliation. The first panel features theorists who will discuss forgiveness and apology from the philosophical and social science perspectives.

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Additional Information About Our Guests…

Robert Rawson became Interim Dean of the School of Law in December 2008. He is a partner with the Cleveland office of Jones Day where he counsels and litigates issues concerning antitrust and trade regulation. Mr. Rawson has handled cases involving mergers and acquisitions, price discrimination, monopolization and attempted monopolization, price-fixing, class actions, intellectual property cases raising antitrust issues, and takeovers. He has significant experience in general commercial litigation, for both the defense and the plaintiff side.

Mr. Rawson has also had successful appellate arguments in the Second, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits. For 20 years he served his alma mater, Princeton, as a member of its Board of Trustees, during the last 13, he has been Chairman of the Executive Committee of the Board. He is currently Chairman of the National Civic League, which assists communities and local governments to operate more successfully and efficiently, and Chairman of the Northeast Ohio Council on Higher Education, a consortium of 26 educational institutions working to enlarge their impact in the region. He has been a member of the Board of the Lawyers Committee for Civil Rights and is past Chairman of the Cleveland Initiative for Education, which marshals private resources in aid of the Cleveland Public Schools.

A Rhodes Scholar, Mr. Rawson received an M.A. in Philosophy, Politics, and Economics (1968) from Oxford University and his A.B. Phi Beta Kappa (1966) from Princeton. He earned his J.D. (1971) from Harvard University. He is a member of the ABA (Antitrust Law, Litigation, and Law Practice Management Sections), the Ohio State Bar Association (Antitrust Section), the Cleveland Bar Association, and the Bar Association of the District of Columbia.

Calvin Sharpe clerked for U.S. District Court Judge Hubert L. Will (N. Dist. Ill.), practiced law in Chicago with Cotton, Watt, Jones, King & Bowlus, spent four years as a trial attorney with the National Labor Relations Board, and began his teaching career at the University of Virginia Law School. He teaches Evidence, Trial Tactics, Alternative Dispute Resolution and courses in labor and employment law. His published scholarly work encompasses all four areas, most recently INTERNATIONAL LABOR LAW: CASES AND MATERIALS ON WORKERS’ RIGHTS IN THE GLOBAL ECONOMY (West 2008)(co-authored with Atleson, Compa, Rittich, and Weiss). He has chaired the Evidence section of the AALS and convened and chaired the Section on Labor and Employment Law for the Industrial Relations Research Association (national). He is a highly acceptable arbitrator having served as a neutral in labor disputes involving major public and private sector entities including professional sports and is currently Vice-President of the National Academy of Arbitrators and a member of the Public Review Board of the United Automobile Workers International Union. Professor Sharpe also serves on the Executive Committee of the JUSTPEACE Center for Mediation and Conflict Transformation of the United Methodist Church, and he has served on the U.S. Executive Board of the International Society of Labor and Social Security Law. His visiting appointments have included George Washington, DePaul, Wake Forest, and Minnesota. Prof. Sharpe received his B.A. in 1967 from Clark College, his J.D. in 1974 from Northwestern, and an M.A. in 1996 from Chicago Theological Seminary.

Charles Griswold is the author of Self-knowledge in Plato’s Phaedrus (Yale 1986), which was awarded American Philosophical Association’s Franklin J. Matchette Prize. Editor of Platonic Writings, Platonic Readings (Routledge, Chapman, and Hall, 1988), he has published widely on the history of philosophy and on political thought in a variety of journals and collections. His Adam Smith and the Virtues of Enlightenment (Cambridge 1999), offers the first comprehensive philosophical discussion of Smith’s moral philosophy and political economy. Prof. Griswold’s latest book, Forgiveness: a Philosophical Exploration, (Cambridge 2007) is a philosophical analysis of interpersonal forgiveness, as well as “political” forgiveness and apology, with reference to the Truth and Reconciliation Commissions. It includes a chapter on ancient philosophical notions of forgiveness, and why it was not viewed as a virtue; on related notions of perfection; and on Bishop Butler’s seminal analysis of forgiveness and resentment. In April, a conference occasioned by the book was held at the University of Oslo, Centre for the Study of Mind and Nature.

Prof. Griswold is co-editor, with David Konstan, of the forthcoming Ancient Forgiveness (Cambridge), essays by 12 leading scholars on Greek and Roman notions of forgiveness, pardon, clemency, reconciliation. Widely published, he has lectured throughout the U.S. and in Europe, as well as in South Africa, and is recipient of awards and Fellowships from the Stanford Humanities Center, the American Council of Learned Societies, the National Endowment for the Humanities, the National Humanities Center, the Woodrow Wilson Center, the Earhart Foundation, the Reason Foundation, the American Catholic Philosophical Association, and the Social Philosophy and Policy Center. Prof. Griswold has been Visiting Professor at the Université de Paris 1 Panthéon-Sorbonne, Olmsted Visiting Professor in Ethics at Yale University, and Visiting Professor at Georgetown University.

Nick Smith joined the New Hampshire faculty in 2002, where he teaches and writes on issues in law, politics, and society. He published I Was Wrong: The Meanings of Apologies (Cambridge 2008) and is working on the follow-up book, tentatively titled Apologies in Law (Cambridge, forthcoming). Prof. Smith is the Undergraduate Program Director for the University of New Hampshire. He has received numerous awards and honors, including the University of New Hampshire Hood House Professorship, 2008-2010; the Roland H. O’Neal Professorship, 2006-2009; and the University Teaching Excellence Award, 2004. Widely published, he has given numerous presentations at scholarly conferences. His media appearances include interviews on CNN, NPR, BBC, and CBC. He is the Host and Advisor for New Hampshire Public Radio’s “The Socrates Exchange.”

Earlier, he was a Litigation Associate with LeBoeuf, Lamb, Greene & MacRae in New York and a Judicial Clerk for The Honorable R.L. Nygaard, U.S. Court of Appeals for the Third Circuit. He received his B.A. in Philosophy in 1994 from Vassar College; his J.D. magna cum laude in 1997 from SUNY Buffalo School of Law, and his Ph.D. in Philosophy in 2002 from Vanderbilt University. His professional memberships include the American Association of University Professors, American Philosophical Association, Association of American Law Schools, American Association of Philosophy Teachers, American Society for Aesthetics, Society for Phenomenology and Existential Philosophy, and the Society for Social and Political Philosophy.

Julie J. Exline received her Ph.D. in Clinical Psychology from SUNY Stony Brook in 1997 and did post-doctoral work in Social Psychology with Dr. Roy Baumeister at Case Western Reserve University. She has been on the psychology faculty since fall 2000. Dr. Exline was invited to serve as a Fellow in the Psychology of Religion Group at the University of Cambridge in 2008. She uses techniques from social and clinical psychology to study questions related to religion and virtue. Her primary research topics include forgiveness of self and others, anger toward God, and humility. Dr. Exline is committed to the cross-fertilization of basic and applied research, aiming to do work that is theoretically driven but with clear practical implications. She is a licensed psychologist and was also certified as a spiritual director through the Ignatian Spirituality Institute of John Carroll University.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday April 8, 2009
4:30 p.m – 5:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
Dean Lindsey Cowen Lecture in Business Law
Presented by the Center for Business Law and Regulation

A great deal has been written and said about the extent to which the Roberts Court is a “business court,” that is, a court that is favorably disposed towards business interests. The lecture will look at both the business cases on this year’s docket as well as broader trends in the Court’s jurisprudence. The lecture will attempt to get beyond broad, and not terribly meaningful, labels, such as pro- or anti-business, and examine the underlying trends in the Court’s handling of cases. Although general labels are not particularly illuminating, some clear trends emerge, such as the Court’s skepticism to the claims of antitrust plaintiffs in those cases that have reached the Court for plenary review.

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Paul Clement Paul Clement served from 2005 to 2008 as the 43rd Solicitor General of the United States and previously served as the Principal Deputy Solicitor General at the Justice Department. A native of Cedarburg, Wisconsin, he received his bachelor’s degree summa cum laude from the Georgetown University School of Foreign Service. He earned a Master’s in Philosophy from Cambridge University and graduated magna cum laude from Harvard Law School, where he was the Supreme Court editor of the Harvard Law Review.

During his time at the Department of Justice, Prof. Clement argued 49 Supreme Court cases and many of the significant lower court cases challenging aspects of the President’s response to the attacks of September 11th. Prior to joining the DOJ, Prof. Clement was a partner at King & Spalding, heading the firm’s appellate practice. Prof. Clement previously served as Chief Counsel, Judiciary Subcommittee on Constitution, Federalism & Property Rights, U.S. Senate, and was a law clerk to U.S. Supreme Court Justice Antonin Scalia and Judge Laurence Silberman of the U.S. Court of Appeals, D.C. Circuit.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Thursday March 19, 2009
4:30 p.m – 5:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
Sponsored by the Center for Law, Technology & the Arts

Imagine not being able to read the latest on Salon.com, express yourself on websites like UrbanDictionary.com, or get information on sexual health.

In 2000, the ACLU challenged the Child Online Protection Act (COPA), a piece of legislation making it illegal to distribute content on the Internet acknowledged as protected speech for adults but deemed “harmful to minors,” including the web content mentioned above. If implemented, COPA would have imposed harsh criminal sanctions, such as huge fines and prison time.

In January 2009, the U.S. Supreme Court announced that it will not hear the government’s appeal of COPA, officially ending the 10-year legal battle. In his talk, Chris Hansen will share his experience challenging COPA and other Internet censorship efforts.

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Chris Hansen Chris Hansen has been affiliated with the ACLU as an attorney since 1973, when he joined the staff of the ACLU-sponsored Mental Health Law Project. During that time, and later as director of the New York Civil Liberties Union’s Mental Patients’ Rights Project, Mr. Hansen was the key litigator in the landmark “Willowbrook” case (NYSARC v. Carey), which became the impetus for a nationwide revolution in care of mentally retarded people.

Since 1984, Mr. Hansen has worked as an attorney with the national ACLU, where he holds the position of senior staff counsel. In that capacity, he was lead counsel in Reno v. ACLU, the ACLU’s historic and successful challenge to federal Internet content regulations. He is also lead counsel in the first — and equally successful — challenges to state censorship statutes in Georgia (ACLU v. Miller) and New York (ALA v. Pataki). In the New York case, the court found that states cannot regulate the Internet.

An expert in complex litigation, Mr. Hansen has acted as lead counsel in a wide variety of landmark cases, including Brown v. Board of Education, a reopened case that forced a Kansas school district to honor the Supreme Court’s mandate and desegregate the public schools; and G.L. v. Zumwalt, a major challenge to the foster care system in Kansas City as well as numerous suits across the country seeking to reform state or county child welfare agencies. He also authored the ACLU’s amicus brief in Jones v. Clinton, in which he successfully argued that the President is not entitled to automatic immunity for acts taken prior to his Presidency.

In 1991, he argued a school desegregation case (Freeman v. Pitts) before the U.S. Supreme Court on behalf of children from a school district in suburban Atlanta.

Mr. Hansen received his law degree from the University of Chicago Law School and holds an undergraduate degree from Carleton College.

He has lectured at law schools including Yale, University of Utah, Rutgers, Pace, Touro and New York University. He has written extensively on civil liberties issues and lectures regularly at legal, psychiatric and social work professional associations throughout the country, and appears frequently on television, radio and in the press as an expert on civil liberties.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday March 18, 2009
12:30-2:00 p.m.
1914 Lounge, Thwing Center
Center for Policy Studies
Case Western Reserve University

The international financial crisis requires international responses. Early in the crisis some observers thought the European Union was responding more appropriately and coherently than the U.S. government. Now there are reports that nationalist pressures may fragment European responses, which may prove inadequate anyway. Meanwhile, the U.S. and Europeans need to find ways to collaborate with Japanese, Chinese, and other nations’ finance ministries and central bankers. How is it going, and what might happen next? We’ve gathered three eminent experts to address prospects and perils.

Our panel of distinguished guests will include Kathleen R. McNamara, Ph.D., Associate Professor of Government at Georgetown University, Karl C. Kaltenhaler, Ph.D., Associate Professor and Director of the Center for Policy Studies at the University of Akron and Elliot Posner, Ph.D., Assistant Professor of Political Science at Case Western Reserve University.

This event was made possible by the generosity of Ms. Eloise Briskin

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Kathleen McNamara is an Associate Professor of Government and Foreign Service at Georgetown University. She is an expert on the politics of international economic relations, specializing in the European Union, the Euro and the European Central Bank. She is the author of “The Currency of Ideas: Monetary Politics in the European Union” (Cornell University Press, 1998), co-editor of “Making History: European Integration and Institution Change at Fifty” (Oxford University Press, 2007) and has published numerous essays on globalization, economic institutions, and the role of norms and culture in policymaking. Her current book project investigates the social construction of political authority in the European Union. Dr. McNamara has taught at Princeton University and Sciences Po (Paris), and has been a visiting scholar at the Russell Sage Foundation, a German Marshall Fund Fellow, a Fulbright Fellow. She is a participant in a variety of government and NGO policy groups, and is an executive board member of the Wisconsin Project on Nuclear Arms Control.

Karl Kaltenthaler teaches and researches in the area of comparative politics. His research focuses on political economy and mass behavior across countries. His publications include journal articles on the political economy of European integration, central bank decision-making, the political sources of economic outcomes, and public attitudes toward a range of economic policies. He has published two books thus far, The Domestic Politics of German Unification (1998), which he co-edited, and Germany and the Politics of Europe’s Money. His latest book is a study of the politics of policy-making in the European Central Bank. He is also engaged in a long-range research agenda focusing on variations in public attitudes toward terrorism

Before earning an M.A. and Ph.D. from the University of California, Berkeley (1997, 2002), Elliot Posner received degrees from the School of Advanced International Studies at the Johns Hopkins University (M.A., 1992) and Brown University (B.A., 1987). From 1987-1989, he served as a Peace Corps volunteer in Botswana, where he taught English and math to eighth and ninth graders.

Prof. Posner’s book, The Origins of Europe’s New Stock Markets (Harvard University Press, 2009), explores the causes of Europe’s emergence as a global financial power, addressing classic and new questions about the origins of markets and their relationship to politics and bureaucracy. His work has appeared (or is forthcoming) in International Organization, the Review of International Political Economy, World Politics and edited volumes. He is currently writing a series of papers about the rules governing cross-border financial activity and European reactions to the financial crisis.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday March 4, 2009
4:00 p.m – 5:00 p.m.
Moot Court Room
Case Western Reserve University School of Law
Rush McKnight Labor Law Lecture
presented by CISCDR (Center for the Interdisciplinary Study of Conflict and Dispute Resolution)

Professor Arthurs will discuss how the disappearance of labor as a collective presence in the workplace, as a sociological category, as a political force and as a domain of public policy may come to influence the practices and even the very existence of labor law as a field of professional interest and academic scholarship

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Harry Arthurs is a University Professor, former Dean of Osgoode Hall Law School (1972-77) and President of York University (1985-92). He has also been an academic visitor at Oxford, Cambridge and University College, London. He has served as Commissioner reviewing Canada’s labor standards legislation (2004-2006) and as Commissioner reviewing Ontario’s pension legislation (2006-2008). He holds an OC, OO, BA, and LLB from Toronto and an LLM from Harvard.

Arthurs’ publications range widely over the areas of legal education and the legal profession, legal history and legal theory, labor and administrative law, globalization and – in recent years – constitutionalism. His academic contributions have been recognized by his election as an Associate of the Canadian Institute for Advanced Research, a Fellow of the Royal Society of Canada and a Corresponding Fellow of the British Academy. In 2002, he was awarded the Canada Council’s Killam Prize for his lifetime contributions to the social sciences as well as the Bora Laskin Prize for his contributions to labor law.

Arthurs has been an arbitrator and mediator in labor disputes, has conducted inquiries and reviews at Canadian and American universities, and has provided advice to governments on a number of issues ranging from higher education policy to the constitution to labour and employment law. He has also served as a Bencher of the Law Society of Upper Canada, member of the Economic Council of Canada and President of the Canadian Civil Liberties Association. He is a member of both the Order of Canada and the Order of Ontario and holds numerous honorary degrees (LLD from Brock, Law Society of Upper Canada, McGill, Montreal, Sherbrooke and Toronto; Hon DLitt (Lethbridge), Hon DCL (Windsor), FRSC, FBA of the Bar of Ontario, President Emeritus, University Professor of Law and Political Science.)

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday February 25, 2009
4:30 p.m – 5:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
The CISCDR Distinguished Visitor Lecture
Presented by CISCDR (Center for the Interdisciplinary Study of Conflict and Dispute Resolution)

We are familiar with the role of mediation and arbitration in resolving workplace disputes in the unionized sector, but that represents only 10 percent of the workforce. Are there, or should there be comparable protections for the remaining 100,000,000 workers?

This issue is not unique to the United States. Governments and private employers around the world have experimented with a variety of employment dispute resolution procedures, some with more success than others. Prof. Zack will look at what has been created, in places as diverse as South Africa, Cambodia and China, and discuss concepts to be considered when developing such procedures.

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Arnold M. Zack is Vice President of the Administrative Tribunal of the Asian Development Bank, a mediator and arbitrator of labor management disputes, and teaches at the Labor and Worklife Program at Harvard Law School. He is the Co-Chair of the Due Process Task Force, which produced the Due Process Protocol as well as chair of the Alliance for education in Dispute Resolution. Former President of the National Academy of Arbitrators, he holds degrees from Tufts College (B.A. 1953), Yale Law School (LL.B. 1956), and Harvard School of Government (M.P.A. 1961), and has taught Dispute Resolution at Yale Law School. He has served on four Presidential Emergency Boards including two on which he served as Chair and is the author or co-author of twelve books on dispute resolution and international labor issues. Serving as Chair of the Steering Committee of the Permanent Court of Arbitration on labor standards issues, he has also served as a consultant to the International Labor Organization, the International Monetary Fund and the governments of Australia, Bermuda, Cambodia, Greece, Israel, Italy and South Africa. Among his awards is the Distinguished Serve Award for Labor Management Arbitration, the Pioneer Award and the Willoughby Abner Award of the Association on Conflict Resolution, the Whitney North Seymour Medal of the American Arbitration Association and the Cushing Gavin Award of the Archdiocese of Boston. He has been a Wertheim Fellow and Fulbright Scholar, is a member of the College of Labor and Employment Lawyers and serves on the Visiting Committee on Human Resources of the Overseers of Harvard University.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Monday February 23, 2009
4:30 p.m – 5:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
Distinguished Lecture in Law, Technology, and the Arts
Presented by the Center for Law, Technology, and the Arts

In recent years, the law has been asked to respond to a variety of disputes involving accessibility of information and related technical standards and practices. These disputes cover the waterfront from the design of proprietary media players to network neutrality to privacy protection for search queries. So far, the law has been unable to generate compelling discourses and principles for evaluating them.

Prof. Cohen will offer another way of thinking about issues of accessibility and unauthorized access. The reference point for this exercise will not be innovation, competition or expressive freedom, but rather the concept of “everyday practice,” a term intended to encompass all of the ways in which situated users experience and interact with networked information technologies and the purposes for which they do so.

Attention to the demands of everyday practice suggests that the law should shelter hacking and tinkering in many instances, and explains why those activities are valuable both intrinsically and instrumentally. But altering the law to privilege technical self-help is not a panacea. Prof. Cohen will argue that the law also should pay closer attention to the design of network standards and related “expert” processes.

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Julie E. Cohen teaches and writes about intellectual property law and privacy law, with particular focus on copyright and on the intersection of copyright and privacy rights in the networked information society. She is a co-author of Copyright in a Global Information Economy (Aspen Law & Business, 2d ed. 2006), and is a member of the Advisory Boards of the Electronic Privacy Information Center and Public Knowledge. From 1995 to 1999, Professor Cohen taught at the University of Pittsburgh School of Law. From 1992 to 1995, she practiced with the San Francisco firm of McCutchen, Doyle, Brown & Enersen, where she specialized in intellectual property litigation. Professor Cohen received her A.B. from Harvard University and her J.D. from the Harvard Law School, where she was a Supervising Editor of the Harvard Law Review. She is a former law clerk to Judge Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Saturday January 31, 2009
10:00 a.m – 11:30 a.m.
Moot Court Room
Case Western Reserve University School of Law
Frederick K. Cox International Law Center Lecture in Global Legal Reform

In just a few weeks, the long-awaited “Killing Fields Trials” will commence before the United Nations-established Khmer Rouge Tribunal in Cambodia. In light of the scale of the atrocities, the passage of 30 years since they were committed, the hybrid nature of the Tribunal, and the fact that the defense is led by the infamous Jacques Vergès, known for his strategy of trial by disruption — these will be among the most challenging war crimes cases ever to be tried. Robert Petit will give a preview of the Khmer Rouge trials and discuss the unique challenges they present.

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Robert Petit has significant experience in international criminal law. He served as a Legal Officer in the Office of the Prosecutor of the International Criminal Tribunal for Rwanda, Kigali, Rwanda from 1996 to 1999; Regional Legal Advisor United Nations Mission in Kosovo in Mitrovica, Kosovo from 1999 to 2000; Prosecutor, Serious Crimes Unit, United Nations Mission of Assistance to East Timor in 2002; Senior Trial Attorney, Office of the Prosecutor. Special Court for Sierra Leone in Freetown, Sierra Leone from 2003 to 2004. Prior to that, Mr. Petit worked as a criminal prosecutor in Montreal for eight years.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

William B. Leahy Shareholder, Buckingham, Doolittle, and Burroughs Adjunct Professor of Law Case Western Reserve University School of Law

Spencer Neth Professor of Law Case Western Reserve University School of Law

Friday January 30, 2009
9:30-4:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
Case Western Reserve Law Review Symposium

The Case Western Reserve Law Review Symposium will explore the access individuals have had to the courts since the appointment of Chief Justice Roberts to the United States Supreme Court, as well as the future of access issues in what has been called the “Roberts Era.” Keynote speaker Gene Nichol will address emerging trends concerning access to the courts and standing rights. Symposium panelists, who are among the country’s leading experts in the field, will examine a wide array of issues critical to an accessible judiciary system.

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In addition to two decades of teaching, training, consulting and writing in the dispute resolution field, Professor Lela Love serves as a mediator, arbitrator and dispute resolution consultant in a wide range of cases. Since 1985, with Cardozo students, she has mediated hundreds of community, civil court and employment discrimination cases. Independently, she has served as the mediator of family, human rights, civilian and police-officer, school-based and commercial cases. She has arbitrated numerous cases in NYC Civil Court, Small Claims Court and Attorney-Client Fee Disputes. Her mediation of a public policy dispute in Glen Cove, NY, brought widespread publicity to the use of mediation in resolving complex litigation.

Professor Love serves on the Council of the ABA Dispute Resolution Section and the NYS Unified Court System Alternative Dispute Resolution Advisory Committee.

In addition to her work in ADR, she developed and directed the Small Business Clinic at George Washington University’s National Law Center. She is a member of the Bar in New York, New Hampshire and the District of Columbia.

Spencer Neth joined the faculty in 1970 after four years of practice in Boston. He teaches Contracts and courses in commercial law, products liability, and dispute resolution. After spending a semester at Stanford University as an IBM Law and Computer Fellow, he founded and chaired the AALS Section on Law and Computers, and he was partly responsible for this law school’s pioneering installation of LEXIS and the incorporation of computerized research into the curriculum.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Michael Solimine Donald P. Klekamp Professor of Law University of Cincinnati College of Law

Jonathan Adler Professor of Law Case Western Reserve University School of Law

Friday January 30, 2009
9:30-4:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
Case Western Reserve Law Review Symposium

The Case Western Reserve Law Review Symposium will explore the access individuals have had to the courts since the appointment of Chief Justice Roberts to the United States Supreme Court, as well as the future of access issues in what has been called the “Roberts Era.” Keynote speaker Gene Nichol will address emerging trends concerning access to the courts and standing rights. Symposium panelists, who are among the country’s leading experts in the field, will examine a wide array of issues critical to an accessible judiciary system.

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Jesse Hill joined the faculty in 2003 after practicing First Amendment and civil rights law with the firm of Berkman, Gordon, Murray & DeVan in Cleveland. Before entering private practice, Ms. Hill worked at the Reproductive Freedom Project of the national ACLU office in New York, litigating challenges to state-law restrictions on reproductive rights. She also served as law clerk to the Honorable Karen Nelson Moore of the United States Court of Appeals for the Sixth Circuit. Ms. Hill’s teaching focuses on constitutional law, federal civil procedure, civil rights, reproductive rights, and law and religion. Her scholarship has been published in the Michigan Law Review and the Texas Law Review, among others.

Michael Solimine served as a law clerk for U.S. District Judge Walter H. Rice in Dayton, Ohio from 1981 to 1984. He then spent two years as a litigation associate at the law firm of Porter, Wright, Morris & Arthur in their Dayton, Ohio office. He came to the University of Cincinnati as a Visiting Assistant Professor in 1986 and joined the faculty in 1987. He serves as counselor for the Potter Stewart Inn of Court, and served as counsel (i.e., the reporter) for the Civil Rules Subcommittee of the Rules Advisory Committee for the Ohio Supreme Court from 1991 to 1997.

In addition, Professor Solimine was editor of the newsletter of the Section of Litigation of the Ohio State Bar Association from 1991 to 1997 and served as an academic advisor to the Access & Quality Task Force of the Ohio Courts Futures Commission from 1997 to 1999. Presently he serves on the Board of Academic Advisors for The Buckeye Institute for Public Policy Solutions, the Committee of Law Professors for Citizens for Independent Courts, and the DaVinci University Club Scholarship Committee.

Jonathan H. Adler is Professor of Law and Director of the Center for Business Law & Regulation at the Case Western Reserve University School of Law. A prolific writer, he is one of the most widely cited academics in environmental law. His articles have appeared in publications ranging from the Harvard Environmental Law Review and Supreme Court Economic Review to The Wall Street Journal and The Washington Post. Professor Adler is the author or editor of three books on environmental policy, including Envi­ron­men­talism at the Crossroads (1995), and several book chapters. A regular commentator on environmental and legal issues, he has appeared on numerous radio and television programs, including the PBS “Newshour with Jim Lehrer,” NPR’s “Talk of the Nation,” Fox News Channel’s “O’Reilly Factor” and “Hannity & Colmes,” and Entertainment Tonight. Professor Adler is a contributing editor to National Review Online and a regular contributor to the popular legal blog, “The Volokh Conspiracy”.

Professor Adler teaches courses in environmental, regulatory, and constitutional law. In 2004, Professor Adler received the Paul M. Bator Award, given annually by the Federalist Society for Law and Policy Studies to an academic under 40 for excellence in teaching, scholarship, and commitment to students. In 2007, the Case Western Reserve University Law Alumni Association awarded Professor Adler their annual “Distinguished Teacher Award.” Professor Adler serves on the advisory board of the NFIB Legal Foundation, the academic advisory board of the Cato Supreme Court Review, and the Environmental Law Reporter and ELI Press Advisory Board of the Environmental Law Institute.

Prior to joining the faculty at Case Western, Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit. From 1991 to 2000, Professor Adler worked at the Compe­ti­tive Enterprise Institute, a free market research and advocacy group in Washington, D.C., where he directed CEI’s envi­ron­mental studies program. He holds a B.A. magna cum laude from Yale University and a J.D. summa cum laude from the George Mason University School of Law.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Friday January 30, 2009
9:30 a.m – 4:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
Case Western Reserve Law Review Symposium

The Case Western Reserve Law Review Symposium will explore the access individuals have had to the courts since the appointment of Chief Justice Roberts to the United States Supreme Court, as well as the future of access issues in what has been called the “Roberts Era.” Keynote speaker Gene Nichol will address emerging trends concerning access to the courts and standing rights. Symposium panelists, who are among the country’s leading experts in the field, will examine a wide array of issues critical to an accessible judiciary system.

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Gene Nichol teaches courses in constitutional law, federal courts, civil rights and election law. From 2005-2008, he was the 26th president of the College of William and Mary in Williamsburg, Virginia — the second oldest university in the United States. According to U.S. News and World Report, William & Mary is the leading small public university in the nation.

Prof. Nichol was Burton Craige professor and dean of the law school at the University of North Carolina from 1999-2005. He served as law dean at the University of Colorado from 1988-1995; and as James Gould Cutler Professor and Director of the Institute of Bill of Rights Law at William & Mary from 1985-1988. Prof. Nichol has also been a faculty member at the University of Florida and West Virginia University. He founded the Byron White Center of Constitutional Law at the University of Colorado (1990) and the Center for Civil Rights at the University of North Carolina (2001).

Prof. Nichol is co-author of FEDERAL COURTS: Cases and Comments (West, 2000)(with Redish) and contributing author of WHERE WE STAND: Voices of Southern Dissent (NewSouth Books, 2004. He has published articles and essays in the Harvard Law Review, the Yale Law Journal, the University of Chicago Law Review, the Michigan Law Review, the University of Pennsylvania Law Review, the California Law Review, the Duke Law Journal, the Virginia Law Review and an array of leading legal journals. From 1998-1999, he was a political columnist for the Denver-Rocky Mountain News and the Colorado Daily. From 1999-2005, he was a regular op-ed writer for the Raleigh News & Observer. He has also written for the Washington Post, The Nation, and various periodicals. From 1994-1995, he was host of a public affairs television show, Culture Wars, for KBDI, Channel 12 in Denver, Colorado.

Prof. Nichol has been significantly involved in public affairs. He has testified before an array of committees of the United States Congress and various state legislatures. In 1991, he was appointed special master by a three-judge federal court in Colorado to mediate a redistricting dispute between the governor and the legislature. The accord was ratified by statute. A year later he helped head the Colorado Reapportionment Commission. In 2004, Prof. Nichol led the North Carolina Bi-Partisan Commission on Lobbying Reform. Legislation was passed enacting commission recommendations. He ran unsuccessfully for national political office while in Colorado. He has been elected to membership in the American Law Institute and the American Bar Foundation Fellows.

In 2003, Prof. Nichol won the American Bar Association’s Edward R. Finch Award for delivering the nation’s best Law Day Address. Two years later, Governor Michael Easley inducted Nichol into the Order of the Long Leaf Pine – North Carolina’s highest civilian honor; and Equal Justice Works named him pro bono law school dean of the year. In 2007, he received Oklahoma State University’s Distinguished Alumnus Award. This year he received the Thomas Jefferson Award — for courage in the defense of religious liberty — from the Military Religious Freedom Foundation.

Prof. Nichol attended Oklahoma State University, where he received a degree in philosophy (1973) and played varsity football. He obtained his J.D. from the University of Texas, graduating Order of the Coif, in 1976. He is married to Glenn George. They have three daughters: Jesse (20), Jennifer (19), and Soren (14).

He then became the dean of the University of Colorado Law School from 1988-1995. He previously worked at William and Mary as Cutler Professor of Constitutional Law and director of the Institute of Bill of Rights Law from 1985 to 1988. His other positions have included teaching law in the undergraduate and law schools of the University of Colorado, the University of Exeter, the University of Oxford, and West Virginia University. He teaches Constitutional Law, Federal Jurisdiction, Civil Rights and Election Law.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Robert L. Glicksman Robert W. Wagstaff Distinguished Professor of Law University of Kansas

Jonathan L. Entin Professor of Law and Political Science Associate Dean for Academic Affairs Case Western Reserve University School of Law

Friday January 30, 2009
9:30-4:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
Case Western Reserve Law Review Symposium

The Case Western Reserve Law Review Symposium will explore the access individuals have had to the courts since the appointment of Chief Justice Roberts to the United States Supreme Court, as well as the future of access issues in what has been called the “Roberts Era.” Keynote speaker Gene Nichol will address emerging trends concerning access to the courts and standing rights. Symposium panelists, who are among the country’s leading experts in the field, will examine a wide array of issues critical to an accessible judiciary system.

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Professor Laura E. Little specializes in federal courts, conflict of laws, and constitutional law. She teaches, lectures, and consults internationally on these subjects and is routinely engaged for training judges as well as for speeches at judicial conferences. She is the author of numerous books and articles, including most recently a treatise, Federal Courts, in Aspen Publishing’s Examples and Explanations series. Among her many awards for teaching and scholarship are several law school awards, a university-wide Lindback award, and Temple’s highest award for teaching, the University Great Professor Award.

Before entering academia, Professor Little practiced law in Philadelphia, litigating commercial cases and representing the print media in First Amendment cases. Prior to her law practice, Professor Little served as a law clerk to Chief Justice William H. Rehnquist, Supreme Court of the United States (October Term 1986) and Judge James Hunter III of the United States Court of Appeals for the Third Circuit (1985-1986).

Robert L. Glicksman, a graduate of the Cornell Law School, is the Robert W. Wagstaff Distinguished Professor of Law. A nationally recognized authority on environmental and natural resources law, Glicksman is the co-author of the environmental law casebook, Environmental Protection: Law and Policy (Aspen Publishers), the treatise, Public Natural Resources Law (Thomson/West), the monograph, Risk Regulation at Risk: A Pragmatic Approach (Stanford University Press), and Modern Public Land Law in a Nutshell (West Group). He has written numerous book chapters and articles on a variety of environmental and natural resources law topics. He teaches several environmental and natural resources law courses, administrative law, and property.

Jonathan Entin has taught Constitutional Law, Administrative Law, Courts, Public Policy, and Social Change, and a Supreme Court Seminar. Before joining the faculty in 1984, he clerked for Justice Ruth Bader Ginsburg (when she was on the U.S. court of Appeals) and practiced in Washington with Steptoe & Johnson. The recipient of several teaching awards and a former co-editor of the Journal of Legal Education, he is at work on a book about equal protection. Among his recent publications are “An Ohio Dilemma: Race, Equal Protection, and the Unfulfilled Promise of a State Bill of Rights,” Cleveland State Law Review (2004), and “Judicial Selection and Political Culture,” Capital University Law Review (2002).

My main area is Constitutional Law. I try to help my students learn the doctrine and theory that good lawyers have to know to represent clients, but I also aim to provide them with the historical and philosophical perspectives they will need to participate in the ongoing conversation about what kind of society we aim to be. We discuss large, often contentious, questions about the role of government and the relationship between the individual and the state. I want my students, whatever their views and however they use their legal training, to nourish the spirit of liberty for the rest of their lives.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Roderick M. Hills William T. Comfort, III Professor of Law New York University School of Law

David C. Vladeck Professor, Georgetown University Law Center

Catherine M. Sharkey Professor, New York University School of Law

Friday January 30, 2009
9:30-4:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
Case Western Reserve Law Review Symposium

The Case Western Reserve Law Review Symposium will explore the access individuals have had to the courts since the appointment of Chief Justice Roberts to the United States Supreme Court, as well as the future of access issues in what has been called the “Roberts Era.” Keynote speaker Gene Nichol will address emerging trends concerning access to the courts and standing rights. Symposium panelists, who are among the country’s leading experts in the field, will examine a wide array of issues critical to an accessible judiciary system.

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Linda S. Mullenix holds the Rita and Morris Atlas Chair in Advocacy at the University of Texas School of Law. Professor Mullenix is the author of ten books including STATE CLASS ACTION PRACTICE AND PROCEDURE (CCH 2000), UNDERSTANDING FEDERAL COURTS (Matthew Bender 1998), MASS TORT LITIGATION (West Group 1996, 2008), FEDERAL COURTS IN THE TWENTY-FIRST CENTURY (Lexis/Nexis 1996, 2002, 2007), and MOORE’S FEDERAL PRACTICE (2d and 3d Eds.). She teaches federal civil procedure, mass tort litigation, current issues in class action litigation, class action litigation in a global context, and state class action procedure. She has been a college and law professor since 1974, and has taught complex litigation, federal courts, conflicts, professional responsibility, and civil justice reform. Professor Mullenix graduated Phi Beta Kappa from the City College of New York and holds masters and Ph.D. degrees from Columbia University in political science. She received her law degree from Georgetown University Law Center and practiced in Washington, D.C. During 1989-90 she was a Supreme Court Fellow at the Federal Judicial Center. Professor Mullenix has been a visiting professor at Harvard, Michigan, and Southern Methodist law schools, the Reuschlein Distinguished Visiting Chair at Villanova law school, and the Katherine Ryan Distinguished Professor at St. Mary’s Institute on World Legal Problems in Innsbruck, Austria. In 2002 she was a scholar-in-residence at the Rockefeller Foundation Bellagio Study and Conference Center in Bellagio, Italy. During spring 2007 she held the Fulbright Senior Distinguished Chair in Law, in Trento, Italy.

Professor Roderick Hills teaches and writes in a variety of public law areas – constitutional law (with an emphasis on doctrines governing federalism), local government law, land-use regulation, jurisdiction and conflicts of law, education law. His interest in these topics springs from their common focus on the problems and promise of decentralization. The United States has one of the most decentralized systems of regulation in the world, placing enormous power over land, schools, assistance to the needy (among many other topics) under the control of subnational governments, ranging from school districts to states. How these governments interact with each other and with higher levels of government poses complex legal questions. As a matter of policy, decentralization is said to have some characteristic virtues (for instance, efficient representation of local preferences) and vices (for instance, promotion of class and race segregation). Professor Hills’ work explores our decentralized legal regime with an eye towards evaluating how well it balances these costs and benefits.

David Vladeck joins the Law Center faculty from Public Citizen Litigation Group, a nationally-prominent public interest law firm, where he served as director. At the Law Center, he co-directs the Institute for Public Representation, a clinic law program, and serves as director of the Center on Health Regulation and Governance of the O’Neill Institute for National and Global Health Law. He is also a Scholar with the Center for Progressive Regulation and served as a public member of the Administrative Conference of the U.S. In addition to his clinic teaching, Professor Vladeck teaches federal courts, civil procedure, and government processes.

Catherine Sharkey is one of the nation’s leading authorities on federal preemption in products liability law. She has also published extensively in the fields of punitive damages, class actions, and empirical legal studies. She is frequently called upon for comment in these areas by the country’s leading broadcast, print, and online media.

Professor Sharkey’s scholarship has been cited by numerous federal appellate and trial courts. Most recently, her work was cited by Justice Ruth Bader Ginsburg in her dissent in Riegel v. Medtronic on the issue of the relationship between a product manufacturer’s compliance with federal safety regulation and its potential exposure to tort liability.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday January 21, 2009
4:30-6:00 p.m.
Ford Auditorium
Case Western Reserve University

The Case Center for Policy Studies is proud to collaborate with the Inamori International Center for Ethics and Excellence, and the Share the Vision Committee to present a forum on the question of what Barack Obama’s election says about racial politics. Have we reached the point where people really are judged not by the color of their skin but by the content of their character? To answer this question we need to consider both black political movements and white political attitudes.

Our panel of distinguished guests will include Peniel Joseph, Ph.D., Associate Professor of Africana Studies at Brandeis University and Martin Gilens, Ph.D., Associate Professor of Political Science at Princeton University.

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Martin Gilens’ current research projects examine (1) the responsiveness of federal government policy to the preferences of different segments of the American public; (2) historical changes in media coverage of presidential elections and the impact of those changes on the public’s knowledge and interest in presidential candidates and campaigns; and (3) the role of (mis)information and heuristic shortcuts in the formation of the American public’s policy preferences.

Professor Gilens is the author of Why Americans Hate Welfare: Race, Media and the Politics of Antipoverty Policy (University of Chicago Press), and has published on media, race, gender, and welfare politics in the American Political Science Review, the American Journal of Political Science, The Journal of Politics, the British Journal of Political Science, Public Opinion Quarterly, and the Berkeley Journal of Sociology. He holds a Ph.D. in sociology from the University of California Berkeley, and taught at Yale University and UCLA before joining the faculty at Princeton. His research has been supported by grants from the National Science Foundation and the Social Science Research Council.

Peniel E. Joseph is quickly gaining a reputation as one of the leading young scholars of African American history. Although Joseph’s formal expertise includes the Black Radical Tradition, Pan-Africanism, Black Social Movements, and African American feminism, he is currently embarking on a re-evaluation of the Black Power Movement. Professor Joseph teaches in the Dept. of African and Afro-American Studies at Brandeis University. Joseph is the founder of a growing subfield of historical and Africana Studies scholarship that he has named “Black Power Studies.” This new scholarship, which connects grassroots activism to national struggles for black self-determination and international African independence movements, is actively rewriting postwar African American history. On this score, Joseph has published over a dozen articles and book chapters related to Black Power (and black radicalism in general) since earning his doctorate in American history at Temple University in 2000 and has been a prolific book reviewer, essayist, and commentator on issues related to African American social, political, intellectual, and cultural history.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday November 19, 2008
4:45-5:45 p.m.
Moot Court Room
Case Western Reserve University School of Law
Institute for Global Security Law and Policy

In his talk, Lieutenant Commander Mizer will look at questions of criminal procedure and the protections due to criminal defendants within the current system of Military Commissions, but also in criminal trials generally. He will focus on comparisons between the trial in Quirin and Mr. Hamdan’s trial and argue that military commissions still do not afford defendants basic due process. Lt. Comm. Mizer will discuss the problem of balancing security and constitutional liberty in the global war on terrorism.

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An expert in the areas of military law and criminal law, Lieutenant Commander Mizer graduated from Case Western Reserve University School of Law in 2000. Following graduation, Lt. Comm. Mizer was commissioned in the United States Navy Judge Advocate General’s Corps, where he has served as both a trial defense attorney and an appellate defense attorney. Lieutenant Commander Mizer is currently assigned to the Office of Chief Defense Counsel for Military Commissions where he serves as the detailed military counsel for Mr. Salim Hamdan in United States v. Hamdan and for Mr. Aziz Ali in United States v. Mohammed et. al. Lt. Comm. Mizer received his B.A. from Creighton University in Omaha, Nebraska.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday November 6, 2008
4:30-5:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
Klatsky Seminar in Human Rights
Presented by the Frederick K. Cox International Law Center

Geoffrey Robertson will map the future of the fast-growing field of human rights law. Drawing on 30 years of experience as a human rights lawyer in Australia and the UK, and as Appeals judge on the Special Court for Sierra Leone, his presentation will trace recent jurisprudence at the national, regional, and international level. Judge Robertson will discuss strategies for litigating human rights cases against corporations and former foreign government officials, obstacles that stand in the way of success, and future trends.

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Geoffrey Robertson Q.C. has argued many landmark human rights cases in the Privy Council and in British and Commonwealth courts, and in the European Court of Human Rights. He is Head of Doughty Street Chambers, a Recorder (part-time judge) in London, a Master of the Middle Temple and Visiting Professor at Queen Mary College, University of London. He was the first President of the UN’s Special Court for War Crimes in Sierra Leone and was recently appointed by the UN Secretary General as a distinguished jurist member of the UN’s Internal Justice Council. His book Crimes against Humanity: The Struggle for Global Justice, now in its 3rd edition (Penguin New Press), has been recognized as an inspiration for the international justice movement.

Mr. Robertson has acted for many years as counsel to the Wall Street Journal, CNN, the New York Times, the Far Eastern Economic Review and other US publishers, and represented Washington Post journalist Jonathon Randall at the ICTY. Involved in the prosecution of Hastings Banda in Malawi, Mr. Robertson acted for Human Rights Watch in the Pinochet proceedings and has represented Salman Rushdie in legal actions arising from “The Satanic Verses”.

Books by Mr. Robertson include the textbook Robertson & Nicol on Media Law (5th ed, Penguin, 2008); Freedom, The Individual and The Law; People Against The Press; Geoffrey Robertson’s Hypotheticals and Does Dracula Have AIDS. His memoir, The Justice Game, has sold over 100,000 copies and a recent work, The Tyrannicide Brief, which tells how Cromwell’s lawyers brought Charles I to trial, won a number of awards including a “silver gavel” citation from the American Bar Association. His latest publication, The Levellers – The Putney Debates – examines the English origins of democratic governance. Mr. Robertson has made many television and radio programs and his play The Trials of Oz received a BAFTA “Best Single Drama” nomination.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday November 4, 2008
4:30-5:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
Oliver C. Schroeder, Jr. Scholar-in-Residence Lecture
Presented by The Law-Medicine Center

Professor Caplan will review proposals to increase the supply of organs available for transplant in the U.S. He will also discuss shifts in policy that would permit markets or “default to donation.”

Other proposals he will examine include: donor ambulances, using more marginal donors and organs, relying more on living donors, increasing the use of donation after cardiac death, and other ideas. According to Professor Caplan, all of these ideas raise legal and regulatory concerns, some of which may prove to be serious impediments to their implementation.

The lecture will clarify the definition of death and brain death; policies at the Federal level governing organ procurement; how people might be encouraged to be organ and tissue donors; and what sorts of liability exist when a transplant is the source of a communicable disease.

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Prior to coming to the University of Pennsylvania in 1994, Arthur Caplan taught at the University of Minnesota, the University of Pittsburgh, and Columbia University. He was Associate Director of the Hastings Center from 1984-1987. Born in Boston, Prof. Caplan did his undergraduate work at Brandeis University, and his graduate work at Columbia University, where he received a Ph.D in the history and philosophy of science in 1979.

Prof. Caplan is the author or editor of twenty-nine books and over 500 papers in refereed journals of medicine, science, philosophy, bioethics and health policy. His most recent book is Smart Mice Not So Smart People (Rowman Littlefield, 2006).

He has served on a number of national and international committees including as Chair of the National Cancer Institute Biobanking Ethics Working Group, Chair of the Advisory Committee to the U.N. on Human Cloning, Chair of the Advisory Committee to the Department of Health and Human Services on Blood Safety and Availability, a member of the Presidential Advisory Committee on Gulf War Illnesses, the special advisory committee to the International Olympic Committee on genetics and gene therapy, the ethics committee of the American Society of Gene Therapy, and the special advisory panel to the National Institutes of Mental Health on human experimentation on vulnerable subjects. He has consulted with many corporations, not for profit organizations and consumer organizations.

Prof. Caplan is a member of the board of directors of The Keystone Center, Tengion, the National Center for Policy Research on Women and Families, Octagon, Iron Disorders Foundation and the National Disease Research Interchange. He chairs the advisory committee on bioethics at Glaxo and is on the board of visitors of the Columbia University School of Nursing. He is Co-Director of the Joint Council of Europe/U.N. Study on Trafficking in Organs and Body Parts. Prof. Caplan writes a regular column on bioethics for MSNBC.com. and is a frequent guest and commentator on various media outlets.

Recipient of many awards and honors, including the McGovern Medal of the American Medical Writers Association and the Franklin Award from the City of Philadelphia, he was a person of the Year-2001 from USA Today, one of the fifty most influential people in American health care by Modern Health Care magazine, one of the ten most influential people in America in biotechnology by the National Journal and one of the ten most influential people in the ethics of biotechnology by the editors of Nature Biotechnology. He holds seven honorary degrees from colleges and medical schools. He is a fellow of the Hastings Center, the NY Academy of Medicine, the College of Physicians of Philadelphia and the American Association for the Advancement of Science.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Michael W. McConnell R. and Teresa Lozano Long Endowed Chair in Administrative Law University of Texas School of Law

E. Donald Elliott, Partner Chair, Worldwide Environmental, Health and Safety Department Willkie, Farr, and Gallagher LLP in Washington D.C.

Christopher Schroeder Charles S. Murphy Professor of Law and Public Policy Studies Duke University School of Law

Moderator: Professor Jonathan Adler Director of the Center for Business Law and Regulation Case Western Reserve University School of Law

Wednesday October 29, 2008
4:00-5:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
Center for Business Law and Regulation

What do we know about the possible poisons industrial technologies put in the air and water? How reliable is the science that federal regulators and legislators use to protect the public from dangerous products and pollutants? Co-authors Professor Wendy Wagner, Case Western Reserve University School of Law, and Professor Thomas O. McGarity, University of Texas, will reveal the range of sophisticated legal and financial tactics political and corporate advocates use to discredit or suppress research, or invent controversy on possible human health hazards.

Using compelling stories drawn entirely from the public record, they will describe the ways many advocates attempt to bend science to reach a convenient outcome or to “spin” inconvenient findings if they become public.

Following the talk, Professor Jonathan Adler, Director of the Center for Business Law and Regulation, will moderate commentary by E. Donald Elliott of Willkie Farr & Gallagher LLP and Duke University Professor Christopher Schroeder.

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Wendy Wagner returned to the Case Western Reserve University School of Law faculty in 2008. She is also the Joe A. Worsham Centennial Professor at University of Texas School of Law. Earlier, Prof. Wagner had been a professor at Case Western Reserve University School of Law and a visiting professor at Columbia Law School and Vanderbilt School of Law. Prof. Wagner received her master’s degree in environmental studies from the Yale School of Forestry and Environmental Studies. She clerked for Hon. Judge Albert Engel, Chief Judge of the U.S. Court of Appeals for the 6th Circuit. Her research focuses on the law-science interface in environmental law and her articles have appeared in numerous journals, including the Columbia, Cornell, Duke, Illinois, Texas, Wisconsin, and Yale Law Reviews. She authored two books, Bending Science: How Special Interests Corrupt Public Health Research (with McGarity; Harvard 2008) and Rescuing Science from Politics: Regulation and the Distortion of Scientific Research (co-edited with Rena Steinzor; Cambridge 2006). Prof. Wagner serves on the National Academies of Sciences Committee on Stormwater Management and is a Member Scholar of the Center for Progressive Regulation.

Thomas O. McGarity has taught Environmental Law, Administrative Law and Torts at UT Law school since 1980. Prior to that he taught at the University of Kansas School of Law. After clerking for Judge William E. Doyle of the Federal Court of Appeals for the Tenth Circuit in Denver, Colorado, Prof. McGarity served as an attorney-advisor in the Office of General Counsel of the Environmental Protection Agency in Washington, D.C.

Prof. McGarity has written widely in the areas of Environmental Law and Administrative Law. A new book Bending Science: How Special Interests Corrupt Public Health Research (co-authored with Wendy Wagner) was published in May 2008 by Harvard University Press. The Yale University Press will be publishing his most recent book, The Preemption War: When Federal Bureaucracies Trump Local Jurie in October 2008.

Professor McGarity is immediate past president and a member of the Board of Directors of the Center for Progressive Reform, a nonprofit organization consisting of scholars who are committed to developing and sharing knowledge and information, with the ultimate aim of preserving the fundamental value of the life and health of human beings and the natural environment.

Mr. Donald Elliott has over 30 years of experience in all aspects of environmental and product liability law, including having served as General Counsel of the U.S. Environmental Protection Agency (1989-91). He also has expertise in Food & Drug law matters, representing biotechnology, pharmaceutical, and medical device companies in regulatory projects and transactions.

From 1981 through 1993, Mr. Elliott was a tenured professor at the Yale Law School, where he continues as an adjunct professor. Prior to joining Willkie in 2003, he was a partner and Co-Chair of the national environmental practice group at Paul, Hastings, Janofsky & Walker LLP. Earlier, he was a partner and head of the Environmental and Product Safety Department in the Washington office of Fried, Frank, Harris, Shriver & Jacobsen. Prior to that, Mr. Elliott served as Special Litigation Counsel, Corporate Environmental Programs, for the General Electric Company. He is admitted to the D.C. Bar, the U.S. Court of Appeals, D.C. Circuit; and the U.S. Court of Appeals, 2nd Circuit.

Mr. Elliott received his B.A. (1970) and J.D. (1974) degrees from Yale University. Following law school, he was law clerk to Judge Gerhard Gesell, U.S. District Court for the District of Columbia, and thereafter clerked for Chief Judge David Bazelon on the U.S. Court of Appeals for the D.C. Circuit.

Christopher H. Schroeder is director of the Program in Public Law at Duke University. His publications include a leading environmental law casebook, Environmental Regulation: Law, Science and Policy (6th Edition, 2008), Presidential Power Stories (with Curtis A. Bradley, 2008), A New Progressive Agenda for Public Health and the Environment (2005), a project of the Center for Progressive Reform (CPR), co-edited with Rena Steinzor. He has served on National Academy of Sciences and Institute of Medicine committees to evaluate the use of human intentional dosing studies by EPA and the adequacy of the U.S. drug safety system.

Prof. Schroeder has served as acting assistant attorney general in the Office of Legal Counsel at the Department of Justice, where he was responsible for legal advice to the attorney general, the executive office of the president and other executive branch agencies on a broad range of issues, including separation of powers, other constitutional issues, and matters of statutory interpretation and administrative law. He has also served as chief counsel to the Senate Judiciary Committee. He is of counsel to the firm of O’Melveny and Myers.

He received his B.A. degree from Princeton University in 1968, a M.Div. from Yale University in 1971, and his J.D. degree from University of California, Berkeley (Boalt Hall) in 1974, where he was editor-in-chief of the California Law Review.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday October 29, 2008
4:30-6:00 p.m.
Clark Hall Room 309

The Case Center for Policy Studies is proud to present a forum on the critical races, inside and outside Ohio, that will be decided in the crucial 2008 Presidential election.

Our panel of distinguished guests will be moderated by Case Associate Professor of Political Science Alexander P. Lamis and feature two prominent campaign consultants, Robert Dykes and Lee Weingart, who will provide their expert analysis and observations on some of the more competitive electoral races occurring in the November elections. The forum will also include reports on several hotly contested races around the country by undergraduate students in Professor Lamis’s Presidential Election course.

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Alexander P. Lamis, Associate Professor of Political Science at Case Western Reserve University, is author of The Two Party South (2nd edition Oxford University Press, 1990), the first edition of which shared the Southern Political Science Association’s V.O. Key award. He is also co-editor of Ohio Politics (2nd edition Kent State University Press, 2007); and editor of Southern Politics in the 1990s (Louisiana State University Press, 1999).

His work tracks the evolution of electoral and party systems in both Ohio and the South throughout the Twentieth Century and up to the present day. For both his edited volumes he assembled teams of political scientists and journalists, while framing and summarizing the volumes in his own contributions. Professor Lamis continually seeks to engage students and colleagues with the everyday life of politics, both in his teaching and in campus activities like his founding in 1989 of the ongoing Friday Public Affairs Lunch series.

Professor Lamis, a native of Charleston, South Carolina, earned his B.A. in history from the College of Charleston in 1968, a Ph.D. in political science from Vanderbilt University in 1982, and a J.D. from the University of Maryland Law School in 1984.

Robert R. Dykes is the principle and CEO of the Triad Research Group. He is one of the most trusted and respected consultants in Northeast Ohio’s market research community. His distinguished reputation in the survey research field extends to both public and private sectors. Bob is quoted often in the media and has appeared frequently on local television and radio programs.

With his extensive knowledge of public attitudes and voting patterns, Bob is a popular speaker for business and other civic organizations, whether it’s analyzing election results or addressing topics such as the dynamics of issue campaigns and the value of voter targeting.

Prior to founding TRIAD (formerly Decision Research Corporation), Bob worked in a research capacity for B.F. Goodrich Corporation, the City of Cleveland, and the Greater Cleveland Growth Association. He earned his Bachelor of Science degree from Case Western Reserve University.Lee C. Weingart.

Lee C. Weingart is founder and president of LNE Group, one of the top advocacy and lobbying firms in Ohio. Headquartered in Cleveland, the firm has expanded to better serve clients with offices in Columbus, Cincinnati, Toledo and Washington D.C.. Mr. Weingart and his professional team provide executive and legislative advocacy, government and public relations, fundraising and campaign management expertise and counsel.

Mr. Weingart served as one of three county commissioners in Cuyahoga County, Ohio, one of the 30 largest counties in the country, from 1995 to 1997. At age 28, he was one of the youngest people ever to hold that position, and he is especially proud of his roles in turning a potential $120 million deficit into a $40 million surplus without any increase in taxes, and bringing NFL football back to Cleveland. He was County Chairman of the Taft for Governor campaign in 1998, and one of 215 national Pioneers in the 1999-2000 presidential campaign of then-Governor George W. Bush.

Mr. Weingart received his juris doctor degree, with honors from The George Washington University National Law Center in 1991. He received his bachelor of arts degree, cum laude, in economics and management from DePauw University in 1988. He is married to the former Caroline Emrick, and the LNE group is named after their three children, Lizzie, Ned, and Ethen.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

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“The mushroom cloud”: Is the unthinkable really possible? Could al Qaeda construct and detonate a nuclear bomb? How close are we to a nuclear Iran, and what does that mean for the current nonproliferation regime? What should the next administration do about it? Join our guests Ambassador Wendy Sherman, recently appointed by Congressional Leadership to serve on the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism, and Dr. Ray Takeyh of the Council on Foreign Relations as they separate myth from reality. Ambassador Sherman will discuss the scope of the threats and what the next president needs to do to protect our security. Dr. Ray Takeyh will explore the challenges of Iran as a case study.

Ambassador Wendy R. Sherman is a principal of Albright Group LLC, a global strategy firm, and of Albright Capital Management LLC, an investment advisory firm focused on emerging markets. She served as counselor and chief troubleshooter for the State Department as well as special advisor to President Clinton and policy coordinator on North Korea. Ambassador Sherman serves on the board of directors of Oxfam America and the board of advisors for the Center for a New American Security and is a member of the Council on Foreign Relations and the Aspen Strategy Group. She is also a member of the US-India Strategic Dialogue and a regular participant of the Australian American Leadership Dialogue.

Dr. Ray Takeyh is a senior fellow for Middle Eastern studies at the Council on Foreign Relations. His areas of specialization are Iran, the Persian Gulf, and U.S. foreign policy. He is also a contributing editor of The National Interest. Dr. Takeyh was previously professor of national security studies at the National War College; professor and director of studies at the Near East and South Asia Center, National Defense University; fellow in international security studies at Yale University; fellow at the Washington Institute for Near East Policy; and fellow at the Center for Middle Eastern Studies, University of California, Berkeley.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Thursday October 16, 2008
4:30-5:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
William A. Brahms Lecture on Law and Religion
Presented by the Center for Professional Ethics

Professor Larson will introduce the rich history of the creation-evolution legal controversy in the United States. The controversy centers on the efforts by some parents and religious organizations to limit the teaching of evolution in American public schools. Scientists, civil liberties groups, and some school administrators and teachers typically oppose these efforts in the name of teaching good science.

The legal battle, however, is fought over the Establishment Clause. The Constitution does not mandate teaching good science, but it is interpreted by the Courts to bar public schools from promoting a religious viewpoint. Larson will explore the history of judicial interpretations of the Establishment Clause as applied to various specific efforts to limit the teaching of evolution in public school over the past century. The legal controversy will be set in its cultural and religious context to give a deeper appreciation of constitutional law and its practical application in everyday disputes over classroom instruction and public-school education.

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Additional Information About Our Guest…

Edward J. Larson is recipient of the 1998 Pulitzer Prize in History. He served as Associate Counsel for the U.S. House of Representatives Committee on Education and Labor (1983-87) and an attorney with a major Seattle law firm (1979-83) and retains faculty position at the University of Georgia, where he has taught since 1987.

The author of seven books and over seventy published articles, Larson writes mostly about issues of science, medicine and law from an historical perspective. His books include A Magnificent Catastrophe: The Tumultuous Election of 1800, America’s First Presidential Campaign; Evolution: The Remarkable History of a Scientific Theory (2006 rev. ed.); Sex, Race, and Science: Eugenics in the Deep South (1995), and the Pulitzer Prize winning Summer for the Gods: The Scopes Trial and America’s Continuing Debate Over Science and Religion (1997; 2006 ed. with new afterword).

Prof. Larson’s articles have appeared in such varied journals as Nature, Time, Atlantic Monthly, Science, Scientific American, The Nation, Wall Street Journal, Isis, and seventeen different law reviews, including Virginia Law Review, Michigan Law Review, and Constitutional Commentary. He is the co-author or co-editor of seven additional books, including (most recently) The Essential Words and Writings of Clarence Darrow (2007), The Constitutional Convention: A Narrative History from the Notes of James Madison (2005) and a property law casebook with Aspen (2nd Ed. 2008).

The Fulbright Program named Larson to the John Adams Chair in American Studies for 2001; he participated in the National Science Foundation’s 2003-04 Antarctic Artists and Writers Program; and he serves on the National Institutes of Heath’s study section for the Ethics, Legal and Social Implications of the Human Genome Project.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday October 15, 2008
4:30-5:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
The Sumner Canary Lecture

When faced with drafting a Bill of Rights, members of the First Congress were faced with an impossible problem: what to include and what to leave out. Lockean theory told them that after construction of a social compact, such as the Constitution, the people would retain all rights not relinquished to the state. But what was the legal status of those retained rights, and how would they be affected by the explicit enumeration of some but not all of them?

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Michael W. McConnell joined the faculty of S.J. Quinney College of Law in 1997 after teaching at the University of Chicago Law School for 12 years, where he was William B. Graham Professor of Law. Prior to his teaching career, Professor McConnell served as assistant to the solicitor general with the U.S. Department of Justice, assistant general counsel for the U.S. Office of Management and Budget, and clerked for Chief Judge J. Skelly Wright, of the District of Columbia U.S. Circuit Court of Appeals. He also served a clerkship with U.S. Supreme Court Justice William J. Brennan. Among the country’s most distinguished scholars in the fields of constitutional law and theory with a specialty in the religion clauses of the First Amendment, Professor McConnell has argued 11 times before the U.S. Supreme Court. He is widely published in the areas of church-state relations and the First Amendment. He is a Fellow of the American Academy of Arts and Sciences, and was sworn in as a judge on the 10th U.S. Circuit Court of Appeals on January 3, 2003.

Professor McConnell teaches constitutional law, family law, state and local government, religion and the First Amendment.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

M.Cherif Bassiouni Professor of Law DePaul University College of Law Symposium Co‐Chair

Roger S. Clark Board of Governors Distinguished Professor of Law Rutgers University School of Law

Astrid Reisinger Coracini Lecturer Institute of International Law and International Relations University of Graz, Austria

Stefan Barriga Counsellor/Legal Adviser Permanent Mission of Lichtenstein to the U.N.

Friday September 26, 2008
8:30 a.m.-5:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
War Crimes Research Symposium
Presented by the Frederick K. Cox International Law Center

Sixty years ago, the Nuremberg Tribunal convicted the Nazi leaders of waging a war of aggression, prompting Nuremberg Prosecutor Robert Jackson to declare that this was the most important contribution of the Nuremberg Tribunal. Until the advent of the International Criminal Court, however, none of the modern international tribunals had been given jurisdiction over the crime of aggression. But the ICC Statute stipulates that before the Court can exercise jurisdiction over this crime the States Parties must adopt a provision at the Review Conference (scheduled for 2010) setting forth a definition of aggression and the conditions under which the Court could exercise its jurisdiction over it. The ICC Assembly of State Parties has set up a Special Working Group on the Crime of Aggression, whose work is in progress, but the United States has refused to participate in the proceedings.

In an effort to advance the initiative, Case Western Reserve University’s Frederick K. Cox International law Center and the above named co-sponsors are hosting a symposium and experts meeting, featuring foremost academic and international experts on the topic of the ICC and the Crime of Aggression. The Report of the Experts Meeting, along with articles generated from the symposium, will be published in the spring 2009 issue of the Case Western Journal of International Law, copies of which will be provided to the participants of the ICC Special Working Group and the members of the Assembly of State Parties.

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Donald Ferencz graduated from Colgate University with a B.A. in Peace Studies, after which he pursued a Masters Degree in Education, and taught elementary school for five years. He subsequently pursued a combined J.D. and M.B.A. and undertook a commercial career as an in?house senior corporate tax executive working for U.S.–based multinational corporations. In 1996, Mr. Ferencz and his father, Ben Ferencz, founded The Planethood Foundation to help educate people about issues pertaining to the establishment of a permanent international criminal court. Mr. Ferencz is the Director of this small, private foundation. During 2007 to 2008, he was Board Chair of the Citizens for Global Solutions Education Fund, a Washington?based non?profit organization dedicated to education and advocacy around broad U.S. engagement in solving issues of global concern.

Mr. Ferencz has been an adjunct professor of law at Pace Law School, in White Plains, New York and is a current member of the Steering Committees of the Peace and Security Funders Group as well as the American Bar Association International Law Section’s Committee on International Courts. For the past three years, he has been a participating member of representatives from the NGO community who, under the auspices of the Coalition for the International Criminal Court, have been participating in and advising at sessions of the Working Group on the Crime of Aggression. That Working Group is the subgroup of the Assembly of States Parties charged with developing a definition of the crime of aggression for possible inclusion in the Rome Statute of the International Criminal Court.

M. Cherif Bassiouni has been on the DePaul law faculty since 1964. He is president of DePaul’s International Human Rights Institute and of the International Institute of Higher Studies in Criminal Sciences in Siracusa, Italy. He is also president of the International Association of Penal Law, a world-wide organization with more than 3,000 members in 97 countries. He has been repeatedly called upon to testify before the U.S. Congress on extradition, transfer of prisoners, and treaty issues. Since 1975, he has been a consultant to the U.N. In 1992, Prof. Bassiouni was appointed a member, and later chairman, of the U.N. Commission to Investigate International Humanitarian Law Violations in the Former Yugoslavia. In 1998, Prof. Bassiouni was appointed as Special Rapporteur by the U.N. High Commissioner on Human Rights, on the topic of The Rights to Restitution, Compensation and Rehabilitation for Victims of Grave Violations of Human Rights and Fundamental Freedoms. Frequently consulted as an expert by the major media, his essays and op?ed pieces are widely published in newspapers and journals across the U.S.

The author and editor of over 50 books, and the author of over 200 law review articles on U.S., international and comparative criminal law, Prof. Bassiouni’s recent publications include POST?CONFLICT JUSTICE (2002); INTERNATIONAL TERRORISM: MULTILATERAL CONVENTIONS 1937?2001 (2001), AND CRIMES AGAINST HUMANITY IN INTERNATIONAL LAW (2d rev. ed. 1999). Prof. Bassiouni earned a J.D. from Indiana University School of Law in 1964 and an LL.M in international and maritime law from John Marshall Law School in 1966. He received an S.J.D. in international criminal law from George Washington University in 1973, and he has studied law at Dijon University, the University of Geneva and the University of Cairo. Prof. Bassiouni has received the highest medals of honor from Austria, Italy and Egypt in recognition of his work in the area of human rights. In 2001, the State of Illinois awarded him the Order of Lincoln, the highest civilian medal awarded by the state. In 1999 he was nominated for the Nobel Peace Prize for his lifelong work for the International Criminal Court.

Roger Clark earned his B.A. and LL.B. in 1964, an LL.M. in 1967, and an LL.D. in 1997 at Victoria University of Wellington in New Zealand. He earned an LL.M. in 1968 and a J.S.D. in 1972 at Columbia University School of Law. Earlier, Prof. Clark was with the New Zealand Departments of Justice and Foreign Affairs. He taught in the 1960s at Victoria University and in 1971?1972 at the University of Iowa, joining the Rutgers faculty in the fall of 1972. Since then, he has made visiting teaching appearances in Paris, Dublin, Miami, Graz, Salzburg, Tokyo, Rome, Beijing, and Athens, as well as in New Zealand. In 1995 and 1996, he represented the government of Samoa in the International Court of Justice in a case concerning the legality of nuclear weapons. He subsequently represented Samoa in the negotiations open to all states in the international community that resulted in the creation of a permanent International Criminal Court in The Hague. He continues to be engaged in the details of getting that court up and running.

He is a member of the American Society of International Law and the American Law Institute. His teaching and scholarly interests are primarily in the areas of international law and criminal law. Among his many publications are the books A United Nations High Commissioner for Human Rights (1972), The United Nations Crime Prevention and Criminal Justice Program (1994), The Case against the Bomb: Marshall Islands, Samoa, and Solomon Islands before the International Court of Justice in Proceedings on the Legality of the Threat or Use of Nuclear Weapons (1996), and the coauthored work International Criminal Law: Cases and Materials (2004), which received the Book of the Year from the International Association of Penal Law.

Astrid Reisinger Coracini is Legal Advisor to the Institute’s ICC Legal Tools programme. She is also Executive Director of the Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law (Austria).

Ms. Reisinger-Coracini studied law at the University of Graz and the Université d’Auvergne. Her Ph.D. thesis title is “The Crime against Peace – Codification of a Crime under International Law for Adjudication before the International Criminal Court”. After her master studies she worked as Judicial Clerk on various assignments and as Research Assistant for International and Comparative Criminal Law at the University of Salzburg. She served as Legal Officer at the Austrian Ministry for Foreign Affairs. An NGO observer, she has followed the negotiations of the Working Group on Aggression of the Preparatory Commission of the International Criminal Court and the Assembly of States Parties’ Special Working Group on the Crime of Aggression.

Stefan Barriga is Counsellor (legal affairs) at the Permanent Mission of Liechtenstein to the United Nations in New York. Since 2002, Mr. Barriga has represented Liechtenstein in various negotiation processes relating to international law, international criminal justice and human rights. Since February 2007, he coordinates the group of “Friends of the International Criminal Court”, an informal group of States supporting the ICC in New York. He has been actively involved in the negotiations on the crime of aggression since 2003, supporting the Chairmanship of Ambassador Wenaweser in the Special Working Group, in particular by drafting the Group’s reports and organizing intersessional meetings at Princeton University (2004 – 2007). He served as Vice?Chairperson of the General Assembly’s Sixth (Legal) Committee in 2006?2007 and coordinates the Committee’s negotiations under the agenda item “The rule of law at the national and international levels”. He previously worked as a human rights advisor to the Austrian Government (1999?2001), and as a communications officer for Amnesty International, Austrian Section (1998?1999). He holds an LL.M. degree from Columbia University and a Doctor Iuris from Vienna University, Austria.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

David Scheffer Mayer Brown/Robert A. Helman Professor of Law Northwestern University School of Law former US Ambassador at Large for War Crimes Issues

Elizabeth Wilmshurst Head of International Law, Chatham House former Deputy Legal Adviser Foreign and Commonwealth Office (Great Britain)

Friday September 26, 2008
8:30 a.m.-5:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
War Crimes Research Symposium
Presented by the Frederick K. Cox International Law Center

Sixty years ago, the Nuremberg Tribunal convicted the Nazi leaders of waging a war of aggression, prompting Nuremberg Prosecutor Robert Jackson to declare that this was the most important contribution of the Nuremberg Tribunal. Until the advent of the International Criminal Court, however, none of the modern international tribunals had been given jurisdiction over the crime of aggression. But the ICC Statute stipulates that before the Court can exercise jurisdiction over this crime the States Parties must adopt a provision at the Review Conference (scheduled for 2010) setting forth a definition of aggression and the conditions under which the Court could exercise its jurisdiction over it. The ICC Assembly of State Parties has set up a Special Working Group on the Crime of Aggression, whose work is in progress, but the United States has refused to participate in the proceedings.

In an effort to advance the initiative, Case Western Reserve University’s Frederick K. Cox International law Center and the above named co-sponsors are hosting a symposium and experts meeting, featuring foremost academic and international experts on the topic of the ICC and the Crime of Aggression. The Report of the Experts Meeting, along with articles generated from the symposium, will be published in the spring 2009 issue of the Case Western Journal of International Law, copies of which will be provided to the participants of the ICC Special Working Group and the members of the Assembly of State Parties.

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Mark Ellis leads the foremost international organization of bar associations, law firms and individual lawyers in the world, comprised of 198 bar associations and 30,000 individual members from 194 countries. Prior to joining the IBA, he spent 10 years as the first Executive Director of the Central European and Eurasian Law Initiative (CEELI), a project of the American Bar Association (ABA) that provides technical legal assistance. Mr. Ellis served as Legal Advisor to the Independent International Commission on Kosovo, chaired by Justice Richard J. Goldstone. Mr. Ellis is a member of the Advisory Panel to the Defense Counsel for the ICTY.

A long?time consultant to The World Bank on investment policies in Central and Eastern Europe and the former Soviet Union, Mr. Ellis was an Adjunct Professor at The Catholic University of America, Columbus School of Law. Twice a Fulbright Scholar at the Economic Institute in Zagreb, Croatia, he has degrees in economics and law and is currently pursuing a PhD in law at King’s College, University of London.

A frequent speaker and media commentator on international legal issues, Mr. Ellis acted as an on?air legal analyst for CNN International throughout the Saddam Hussein trial. Mr Ellis has published extensively in the areas of international humanitarian law, war crimes tribunals, foreign investment, and the development of the rule of law. He is the co?recipient of the American Bar Association’s World Order Under Law Award.

David Scheffer is Director of the Center for International Human Rights at Northwestern University School of Law in Chicago, Illinois. He teaches international human rights law and international criminal law. He was U.S. Ambassador at Large for War Crimes Issues from 1997 to 2001 and led the U.S. delegation in U.N. talks establishing the International Criminal Court.

During his ambassadorship, Prof. Scheffer negotiated and coordinated U.S. support for the establishment and operation of international and hybrid criminal tribunals and U.S. responses to atrocities. He headed the Atrocities Prevention Inter?Agency Working Group.

During the first term of the Clinton Administration, Prof. Scheffer served as senior adviser and counsel to the U.S. Representative to the United Nations, Dr. Madeleine Albright, and served from 1993 through 1996 on the Deputies Committee of the National Security Council. He has published extensively on international legal and political issues. Prof. Scheffer is a member of the New York and District of Columbia Bars, the American Society of International Law, and the Council on Foreign Relations.

Elizabeth Wilmshurst is Associate Fellow, International Law, at Chatham House (the Royal Institute of International Affairs) and a visiting professor at University College, London University. She was a legal adviser in the United Kingdom diplomatic service between 1974 and 2003. She resigned her position in March 2003 because she did not believe the war with Iraq was legal.

Between 1994 and 1997 she was the Legal Adviser to the UK mission to the United Nations in New York. While in New York she headed the UK delegation to the Preparatory Commission negotiating the establishment of the International Criminal Court, and she was a member of the delegation at the Rome Conference in 1998. She has co?authored An Introduction to International Criminal Law and Procedure (Cambridge, 2007).

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Gary J. Simson Dean, Case Western Reserve University School of Law Joseph C. Hostetler – Baker and Hostetler Professor

Key Note Address

Christian Wenaweser Permanent Representative of the Principality of Liechtenstein to the United Nations President of the International Criminal Court Assembly of State Parties

Friday September 26, 2008
8:30 a.m.-5:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
War Crimes Research Symposium
Presented by the Frederick K. Cox International Law Center

Sixty years ago, the Nuremberg Tribunal convicted the Nazi leaders of waging a war of aggression, prompting Nuremberg Prosecutor Robert Jackson to declare that this was the most important contribution of the Nuremberg Tribunal. Until the advent of the International Criminal Court, however, none of the modern international tribunals had been given jurisdiction over the crime of aggression. But the ICC Statute stipulates that before the Court can exercise jurisdiction over this crime the States Parties must adopt a provision at the Review Conference (scheduled for 2010) setting forth a definition of aggression and the conditions under which the Court could exercise its jurisdiction over it. The ICC Assembly of State Parties has set up a Special Working Group on the Crime of Aggression, whose work is in progress, but the United States has refused to participate in the proceedings.

In an effort to advance the initiative, Case Western Reserve University’s Frederick K. Cox International law Center and the above named co-sponsors are hosting a symposium and experts meeting, featuring foremost academic and international experts on the topic of the ICC and the Crime of Aggression. The Report of the Experts Meeting, along with articles generated from the symposium, will be published in the spring 2009 issue of the Case Western Journal of International Law, copies of which will be provided to the participants of the ICC Special Working Group and the members of the Assembly of State Parties.

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Ambassador Christian Wenaweser has served as Liechtenstein’s Permanent Representative to the United Nations in New York since October 2002 and has been working on issues relating to the United Nations for more than ten years. Amb. Wenaweser holds a number of important intergovernmental positions. In January 2004, he was appointed Vice?Chairman of the Open?Ended Working Group on Security Council Reform and has since played a central role in the intergovernmental consultations on this issue. In the context of the Assembly of States Parties to the International Criminal Court, Amb. Wenaweser is in charge of the Special Working Group on the Crime of Aggression, which is mandated to draft proposals on a definition of the crime of aggression for the Rome Statute of the ICC.

Since March 2003, he has acted as Chairman of the Ad hoc Committee of the General Assembly negotiating on a protocol expanding the scope of application of the 1994 Convention on the Safety of United Nations and Associated Personnel. In 2002?2003, Amb. Wenaweser chaired the Third Committee (Social, Humanitarian and Cultural) of the General Assembly during its 57th session.

He attended diplomatic training at the Ministry of Foreign Affairs in Berne, Switzerland (1991?1992). He also undertook a special training course for Swiss and Liechtenstein diplomats at the Institut Universitaire des Hautes Etudes Internationales in Geneva, as well as Spanish language studies in Barcelona, Spain. Amb. Wenaweser went on a scholarship of the Swiss National Foundation, Bayerische Akademie der Wissenschaften, Munich, Germany, studying filmmaking, French literature, and philosophy. Earlier, he was a teaching assistant in Greek literature at Zurich University, and studied Italian in Rome, Italy. Also, in 1987 he was a licentiate at Zurich University in Greek literature, linguistics, Latin literature and philosophy.

Gary J. Simson, the Joseph C. Hostetler-Baker & Hostetler Professor of Law, joined Case School of Law as Dean in July 2006. He served in that capacity through the fall semester of 2008, when he returned to full-time teaching. Following his graduation in 1974 from Yale Law School, where he was an editor of the Yale Law Journal, he clerked for the Hon. J. Joseph Smith of the U.S. Court of Appeals for the Second Circuit. Professor Simson began his teaching career at the University of Texas School of Law in 1975, was promoted to full professor in 1977, and joined the Cornell Law School faculty in 1980.

At Cornell he served as Associate Dean for Faculty Development from 1997-2000 and as Associate Dean for Academic Affairs from 2000-04. Professor Simson has taught, and written extensively on, constitutional law and conflict of laws. His constitutional law scholarship in recent years has addressed such controversial issues as sex education, Supreme Court appointments, school vouchers, the death penalty and religion, and single-sex schools. He is also the author of a leading conflict of laws casebook now in its fourth edition and various articles in the field.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Sean D. Murphy Patricia Roberts Harris Research Professor of Law George Washington University School of Law

Michael A. Newton Professor of the Practice of Law Vanderbilt University Law School

Elise Leclerc‐Gagné Ph.D. Candidate University of British Columbia, Vancouver

Lawrence M. May Professor of Philosophy Washington University, Saint Louis

Friday September 26, 2008
8:30 a.m.-5:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
War Crimes Research Symposium
Presented by the Frederick K. Cox International Law Center

Sixty years ago, the Nuremberg Tribunal convicted the Nazi leaders of waging a war of aggression, prompting Nuremberg Prosecutor Robert Jackson to declare that this was the most important contribution of the Nuremberg Tribunal. Until the advent of the International Criminal Court, however, none of the modern international tribunals had been given jurisdiction over the crime of aggression. But the ICC Statute stipulates that before the Court can exercise jurisdiction over this crime the States Parties must adopt a provision at the Review Conference (scheduled for 2010) setting forth a definition of aggression and the conditions under which the Court could exercise its jurisdiction over it. The ICC Assembly of State Parties has set up a Special Working Group on the Crime of Aggression, whose work is in progress, but the United States has refused to participate in the proceedings.

In an effort to advance the initiative, Case Western Reserve University’s Frederick K. Cox International law Center and the above named co-sponsors are hosting a symposium and experts meeting, featuring foremost academic and international experts on the topic of the ICC and the Crime of Aggression. The Report of the Experts Meeting, along with articles generated from the symposium, will be published in the spring 2009 issue of the Case Western Journal of International Law, copies of which will be provided to the participants of the ICC Special Working Group and the members of the Assembly of State Parties.

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Keith A. Petty is a prosecutor in the Office of Military Commissions, the first U.S. war crimes tribunals since WWII. He is currently detailed to several active cases, most notably the pending trial of Omar Khadr. Previously deployed to Baghdad, Iraq for a year as a Command Judge Advocate, Captain Petty advised combatant commanders and soldiers on the law of war and rules of engagement. While in Iraq, he also served as a Foreign Claims Commissioner, adjudicating and paying claims for Iraqi citizens who suffered injury or property damage as a result of non?combat related activities. An adjunct assistant professor for Case Western Reserve University School of Law, he taught the War Crimes Prosecution Lab with Professor Michael P. Scharf. Captain Petty’s first experience with war crimes prosecutions came when he worked as an intern at the Trial Chambers of the International Criminal Tribunal for the Former Yugoslavia. He has published in the areas of national security and international criminal law. His research also focuses on human rights and counterterrorism. This year, he received his LL.M. with distinction from Georgetown University Law Center. He earned his J.D. from Case Western Reserve University School of Law and his B.A. from Indiana University. Captain Petty is admitted to the Bar in Illinois.

Sean D. Murphy teaches Public International Law, Foreign Relations Law, and International Organizations, and has previously taught International Environmental Law and International Business Transactions. He has a B.A. from Catholic University of America, J.D. from Columbia University, LL.M. from Cambridge University, and S.J.D. from the University of Virginia. From 1987 to 1995, he served in the Office of the Legal Adviser at the U.S. Department of State, specializing in international environmental, claims, and politico-military matters. From July 1995 to July 1998, Prof. Murphy served as the Legal Counselor of the U.S. Embassy in The Hague. He represented the U.S. Government before the International Court of Justice, the International Criminal Tribunal for the former Yugoslavia, the Permanent Court of Arbitration, the Hague Conference on Private International Law, and was U.S. Agent to the Iran-U.S. Claims Tribunal.

His book, Humanitarian Intervention: The United Nations in an Evolving World Order (University of Pennsylvania Press, 1996), won the 1997 American Society of International Law (ASIL) certificate of merit for preeminent contribution to creative scholarship. He has published articles in a variety of national and international law journals, and was awarded the American Journal of International Law 1994 Deák Prize for best scholarship by a younger author. His most recent books are United States Practice in International Law 1999?2001 (Cambridge University Press 2002) (winner: ASIL certificate of merit) and Foreign Relations and National Security Law: Cases, Materials and Simulations (Thompson/West 2008) (with Franck and Glennon). He is a member of the Board of Editors of the American Journal of International Law and has served on the ASIL Executive Council.

Michael Newton came to Vanderbilt after serving as an Associate Professor in the Department of Law, U.S. Military Academy. He is a highly sought after speaker on post conflict accountability and conduct of hostilities issues, having published over fifty articles, editorials, and book chapters. He recently co-authored the definitive history of the Dujail Trial entitled Enemy of the State: The Trial and Execution of Saddam Hussein (2008 by St. Martins Press).

From 1999 to 2002, he served in the Office of War Crimes Issues, U.S. Department of State. Prof. Newton negotiated the Elements of Crimes document for the International Criminal Court as part of the U.S. delegation, and coordinated the interface between the FBI and the ICTY while in Kosovo to do the forensics fieldwork to support the Milosevic indictment. As Senior Advisor to the U.S. Ambassador-at-Large for War Crimes Issues, he shaped a wide range of policies related to the law of armed conflict. After helping to establish the Iraqi High Tribunal, he taught Iraqi jurists, helped establish its academic consortium, and served as an International Law Advisor to the Judicial Chambers in 2006-07. He was U.S. representative on the U.N. Planning Mission for the Sierra Leone Special Court, and was a member of the Special Court academic consortium. Prof. Newton is a member of the International Institute of Humanitarian Law and the International Bar Association. He has made numerous appearances on CNN, BBC, Fox, Court TV, NPR, and been widely quoted in the media. He served on a Working Group advising the Task Force on Genocide Prevention established by the U.S. Holocaust Memorial Museum and the U.S. Institute of Peace. He has worked in support of the Public International Law & Policy Group to advise governments and delegations across the globe. Prof. Newton graduated from the U.S. Military Academy at West Point and was selected for the Judge Advocate General’s Funded Legal Education Program. He earned more than two dozen military decorations during his twenty one years of service. Prof. Newton earned his J.D. and an L.LM. from the University of Virginia School of Law. He is a member of the Virginia Bar. He also received an L.LM from the Judge Advocate General’s School, where he served as Professor of International and Operational Law from 1996?1999.

Elise Leclerc-Gagné is a Ph.D. candidate in political science at the University of British Columbia in Vancouver, Canada. She is the recipient of a doctoral scholarship from the Fonds québécois de la recherche sur la société et la culture. She has an M.A. degree in political science from the Université du Québec à Montréal, where she was a research fellow at the Center on Peace Mission Studies. Her research focuses on the protection of civilians during armed conflict, with a particular interest in the protection of civilian men, international humanitarian law, and political and international relations theory.

Lawrence May is a political philosopher who has worked on conceptual issues in collective and shared responsibility, as well as normative issues in international criminal law. He has also worked in professional ethics and the Just War tradition. He is Strategic Research Professor of Social Justice at the Centre for Applied Philosophy and Public Ethics (Charles Sturt University) in Canberra, Australia.

Prof. May has lectured extensively around the world, including keynote or plenary addresses at conferences in: Oxford, St. Andrews, Oslo, Helsinki, Krakow, Belgrade, Bielefeld, Montreal, Victoria, and Sydney. He is past president of AMINTAPHIL, the American section of the International Society for Philosophy of Law. In addition, he has occasionally taken a criminal appeals case, and has worked on several death penalty cases in the U.S.

Prof. May has published more than 20 books and 70 articles. His books have won awards from the American Philosophical Association and the American Society of International Law. His writings have been translated into French, German, Italian, Serbian, Japanese, Chinese, and Korean. He is author of The Socially Responsible Self (University of Chicago Press, 1996), Masculinity and Morality (Cornell University Press, 1998), Praying for a Cure (with Peggy DesAutels and Margaret Pabst Battin) (Rowman & Littlefield Publishers, 1999), Crimes Against Humanity (Cambridge University Press, 2005.), and War Crimes and Just Wars (Cambridge University Press, 2007). Prof. May earned a B.S. degree from Georgetown University, an M.A. and Ph.D. from the New School for Social Research and a J.D. from Washington University in St. Louis.

Prof. May has a B.S. in international affairs from Georgetown University, and an M.A. and Ph.D. from the New School for Social Research, where he was Hannah Arendt’s last research assistant. He also has a J.D. from Washington University, St. Louis.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

William Schabas Irish Centre for Human Rights Symposium Co-Chair

Mark Drumbl Professor of Law Director of the Transnational Law Institute Washington and Lee University College of Law

Oscar Solera author of the book Defining the Crime of Aggression (Cameron 2007) Human Rights Officer Office of the United Nations High Commissioner for Human Rights

Friday September 26, 2008
8:30 a.m.-5:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
War Crimes Research Symposium
Presented by the Frederick K. Cox International Law Center

Sixty years ago, the Nuremberg Tribunal convicted the Nazi leaders of waging a war of aggression, prompting Nuremberg Prosecutor Robert Jackson to declare that this was the most important contribution of the Nuremberg Tribunal. Until the advent of the International Criminal Court, however, none of the modern international tribunals had been given jurisdiction over the crime of aggression. But the ICC Statute stipulates that before the Court can exercise jurisdiction over this crime the States Parties must adopt a provision at the Review Conference (scheduled for 2010) setting forth a definition of aggression and the conditions under which the Court could exercise its jurisdiction over it. The ICC Assembly of State Parties has set up a Special Working Group on the Crime of Aggression, whose work is in progress, but the United States has refused to participate in the proceedings.

In an effort to advance the initiative, Case Western Reserve University’s Frederick K. Cox International law Center and the above named co-sponsors are hosting a symposium and experts meeting, featuring foremost academic and international experts on the topic of the ICC and the Crime of Aggression. The Report of the Experts Meeting, along with articles generated from the symposium, will be published in the spring 2009 issue of the Case Western Journal of International Law, copies of which will be provided to the participants of the ICC Special Working Group and the members of the Assembly of State Parties.

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Christopher Rassi is an associate adjunct professor and deputy director of the Cox Center War Crimes Research Office at Case Western Reserve University School of Law. He provides research memoranda to the judges of the Iraqi Special Tribunal on issues pending before the Court. Earlier, he took a leave from Thompson Hine to serve as legal officer to Chambers and to the President of the International Criminal Tribunal for Rwanda in Arusha. There he provided specialized legal research and advice regarding public international law, international humanitarian law, international criminal law and human rights issues for court proceedings and plenary meetings of the ICTR. In 2004, Mr. Rassi was law clerk to the Honorable Yvonne Mokgoro, Constitutional Court of South Africa, and in 2003, was a Frederick K. Cox International Law Center Post?Graduate Fellow, clerking for Judge Weinberg de Roca, Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia and Rwanda in The Hague. He received his J.D./M.B.A. from Case Western Reserve University in 2003.

William A. Schabas is director of the Irish Centre for Human Rights at the National University of Ireland, Galway, where he also holds the professorship in human rights law. He is also a Professor at the University of Warwick School of Law, Queen’s University Belfast, professeur associé at the Université du Québec à Montréal, and a ‘door tenant’ at 9 Bedford Row, London.

Prof. Schabas holds post-graduate degrees in history and in law from universities in Canada. He is the author of eighteen monographs and more than 200 articles dealing with international human rights law and international criminal law. Prof. Schabas was a member of the Sierra Leone Truth and Reconciliation Commission. He is an Officer of the Order of Canada and a Member of the Royal Irish Academy, and has an LLD honoris causa from Dalhousie University, Halifax.

Mark A. Drumbl is Director of the Transnational Law Institute at Washington and Lee. He has held visiting law faculty appointments at Oxford University (University College), Université de Paris II (Panthéon-Assas), University of Illinois, Vanderbilt University, University of Ottawa, and Trinity College-Dublin. Prof. Drumbl’s research and teaching interests include public international law, international criminal law, and postconflict justice.

His book, Atrocity, Punishment, and International Law (Cambridge University Press, 2007), which has received critical acclaim and been widely reviewed, rethinks — in theory and in practice — how individuals who perpetrate genocide and crimes against humanity should be punished. Prof. Drumbl received the 2007 Book of the Year Award by the International Association of Criminal Law (U.S. national section). His articles have appeared in the NYU, Michigan, Northwestern, George Washington, Tulane, and North Carolina law reviews, a number of peer-review journals, including Human Rights Quarterly, with shorter pieces in the American Journal of International Law and many other periodicals. Prof. Drumbl also has authored chapters in edited volumes. His article “Collective Violence and Individual Punishment: The Criminality of Mass Atrocity,” (99 Nw. U. L. Rev. 539 (2005) received the Association of American Law Schools Outstanding Scholarly Papers Prize. He has worked as a defense lawyer in Rwanda, has consulted and lectured widely, and has taught in many countries world?wide.

As a Human Rights Officer, Oscar Solera deals with the relationship between human rights law and international humanitarian law. He also served as Human Rights Officer for the United Nations Human Rights Council Commission of Inquiry on Lebanon.

Prior to joining the Office of the United Nations High Commissioner for Human Rights, Mr. Solera was Deputy Director and Legal Adviser at the Centre for Applied Studies in International Negotiations in Geneva, Switzerland. From 1999 to 2001 he taught law to undergraduate students in international relations at the University of Geneva. From 1993 to 1997 he served as Assistant to the Costa Rican National Ombudsman.

Mr. Solera is the author of, Defining the Crime of Aggression. He obtained his Ph.D. in international law from the Graduate Institute of International Studies (IUHEI), his Master’s degree in international relations from the Graduate Institute of International Studies (IUHEI) and a degree in law from the University of Costa Rica.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Friday September 26, 2008
8:30 a.m.-5:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
War Crimes Research Symposium
Presented by the Frederick K. Cox International Law Center

Sixty years ago, the Nuremberg Tribunal convicted the Nazi leaders of waging a war of aggression, prompting Nuremberg Prosecutor Robert Jackson to declare that this was the most important contribution of the Nuremberg Tribunal. Until the advent of the International Criminal Court, however, none of the modern international tribunals had been given jurisdiction over the crime of aggression. But the ICC Statute stipulates that before the Court can exercise jurisdiction over this crime the States Parties must adopt a provision at the Review Conference (scheduled for 2010) setting forth a definition of aggression and the conditions under which the Court could exercise its jurisdiction over it. The ICC Assembly of State Parties has set up a Special Working Group on the Crime of Aggression, whose work is in progress, but the United States has refused to participate in the proceedings.

In an effort to advance the initiative, Case Western Reserve University’s Frederick K. Cox International law Center and the above named co-sponsors are hosting a symposium and experts meeting, featuring foremost academic and international experts on the topic of the ICC and the Crime of Aggression. The Report of the Experts Meeting, along with articles generated from the symposium, will be published in the spring 2009 issue of the Case Western Journal of International Law, copies of which will be provided to the participants of the ICC Special Working Group and the members of the Assembly of State Parties.

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M. Cherif Bassiouni has been on the DePaul law faculty since 1964. He is president of DePaul’s International Human Rights Institute and of the International Institute of Higher Studies in Criminal Sciences in Siracusa, Italy. He is also president of the International Association of Penal Law, a world-wide organization with more than 3,000 members in 97 countries. He has been repeatedly called upon to testify before the U.S. Congress on extradition, transfer of prisoners, and treaty issues. Since 1975, he has been a consultant to the U.N. In 1992, Prof. Bassiouni was appointed a member, and later chairman, of the U.N. Commission to Investigate International Humanitarian Law Violations in the Former Yugoslavia. In 1998, Prof. Bassiouni was appointed as Special Rapporteur by the U.N. High Commissioner on Human Rights, on the topic of The Rights to Restitution, Compensation and Rehabilitation for Victims of Grave Violations of Human Rights and Fundamental Freedoms. Frequently consulted as an expert by the major media, his essays and op-ed pieces are widely published in newspapers and journals across the U.S.

The author and editor of over 50 books, and the author of over 200 law review articles on U.S., international and comparative criminal law, Prof. Bassiouni’s recent publications include POST CONFLICT JUSTICE (2002); INTERNATIONAL TERRORISM: MULTILATERAL CONVENTIONS 1937-2001 (2001), AND CRIMES AGAINST HUMANITY IN INTERNATIONAL LAW (2d rev. ed. 1999). Prof. Bassiouni earned a J.D. from Indiana University School of Law in 1964 and an LL.M in international and maritime law from John Marshall Law School in 1966. He received an S.J.D. in international criminal law from George Washington University in 1973, and he has studied law at Dijon University, the University of Geneva and the University of Cairo. Prof. Bassiouni has received the highest medals of honor from Austria, Italy and Egypt in recognition of his work in the area of human rights. In 2001, the State of Illinois awarded him the Order of Lincoln, the highest civilian medal awarded by the state. In 1999 he was nominated for the Nobel Peace Prize for his lifelong work for the International Criminal Court.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Michael Scharf Professor of Law, Director of the Frederick K. Cox International Law Center Director of the Cox Center War Crimes Research Office Case Western Reserve University School of Law

Introductory Panel:

Gregory Peterson Chairman of the Board, Robert H. Jackson Center

Benjamin B. Ferencz former Nuremberg prosecutor

Henry T. King, Jr. former Nuremberg prosecutor Professor and Chairman, Canada/U.S. Law Institute Case Western Reserve University School of Law

Friday September 26, 2008
8:30 a.m.-5:15 p.m.
Moot Court Room
Case Western Reserve University School of Law
War Crimes Research Symposium
Presented by the Frederick K. Cox International Law Center

Sixty years ago, the Nuremberg Tribunal convicted the Nazi leaders of waging a war of aggression, prompting Nuremberg Prosecutor Robert Jackson to declare that this was the most important contribution of the Nuremberg Tribunal. Until the advent of the International Criminal Court, however, none of the modern international tribunals had been given jurisdiction over the crime of aggression. But the ICC Statute stipulates that before the Court can exercise jurisdiction over this crime the States Parties must adopt a provision at the Review Conference (scheduled for 2010) setting forth a definition of aggression and the conditions under which the Court could exercise its jurisdiction over it. The ICC Assembly of State Parties has set up a Special Working Group on the Crime of Aggression, whose work is in progress, but the United States has refused to participate in the proceedings.

In an effort to advance the initiative, Case Western Reserve University’s Frederick K. Cox International law Center and the above named co-sponsors are hosting a symposium and experts meeting, featuring foremost academic and international experts on the topic of the ICC and the Crime of Aggression. The Report of the Experts Meeting, along with articles generated from the symposium, will be published in the spring 2009 issue of the Case Western Journal of International Law, copies of which will be provided to the participants of the ICC Special Working Group and the members of the Assembly of State Parties.

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In 2004-05, Professor Michael Scharf served as a member of the international team of experts that provided training to the judges of the Iraqi High Tribunal, and in 2006 he helped lead the first training session for the investigative judges and prosecutors of the newly established U.N. Cambodia Genocide Tribunal. In February 2005, Scharf and the Public International Law and Policy Group, a Non-Governmental Organization he co-founded, were nominated for the Nobel Peace Prize by six governments and the Prosecutor of an International Criminal Tribunal for the work they have done to help in the prosecution of major war criminals, such as Slobodan Milosevic, Charles Taylor, and Saddam Hussein. During the first Bush and Clinton Administrations, Scharf served in the Office of the Legal Adviser of the U.S. Department of State, where he held the positions of Attorney-Adviser for Law Enforcement and Intelligence, Attorney-Adviser for U.N. Affairs, and delegate to the U.N. Human Rights Commission.

A graduate of Duke University School of Law (Order of the Coif and High Honors), and judicial clerk to Judge Gerald Bard Tjoflat on the Eleventh Circuit Federal Court of Appeals, Scharf is the author of over 60 scholarly articles and 10 books, including BALKAN JUSTICE, which was nominated for the Pulitzer Prize in 1998, THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA, which was awarded the American Society of International Law’s Certificate of Merit for the Outstanding book in International Law in 1999, and PEACE WITH JUSTICE, which won the International Association of Penal Law Book of the Year Award for 2003. A recognized leader in international Law, Scharf recently served as Chair of the 2008 Annual Meeting of the ASIL. Scharf has also testified before the U.S. Senate Foreign Relations Committee and the House Armed Services Committee; his op eds have been published by the Washington Post, Los Angeles Times, Boston Globe, Christian Science Monitor, and International Herald Tribune; and he has appeared on ABC World News Tonight, the NBC Today Show, Nightline, The O=Reilly Factor, The NewsHour with Jim Lehrer, The Charlie Rose Show, the BBC, CNN, and NPR. Recipient of the Case School of Law Alumni Association’s 2005 “Distinguished Teacher Award” and Ohio Magazine’s 2007 “Excellence in Education Award,” Scharf teaches International

Gregory Peterson is a partner in the law firm of Phillips, Lytle, Hitchcock, Blaine & Huber LLP. He received his Juris Doctor in 1976 from Dickinson School of Law in Carlisle, Pennsylvania and Bachelor of Arts in 1973 from Allegheny College in Meadville, Pennsylvania. He is admitted to the U.S. Supreme Court, American Bar Association, New York State Bar Association, Pennsylvania Bar Association, Jamestown Bar Association and Bar Association of Northern Chautauqua County. He sits on the board of many County organizations including the Board of Directors at S.U.N.Y. at Fredonia Foundation and the Board of Directors of the New York State Association for Retarded Children, Inc. Several awards have been bestowed to Mr. Peterson including the “Service to Mankind Award” presented to him by the Jamestown Sertoma Club in 1994; the Community Service Award presented to him by three separate organizations in 2000; and the Chautauqua Leadership Award in 2001.

Benjamin Ferencz was the Chief Prosecutor for the United States in the subsequent Nuremberg war crimes trial against S.S. Extermination squads convicted of the genocidal slaughter of over a million innocent men, women and children. His opening statement deploring the genocide can be seen and heard on his website (www.benferencz.org). It took place 61 years ago, on 29 September 1947. He was then 27 years old. It was his first case.

Mr. Ferencz, a graduate of the Harvard Law School, has devoted most of his life to trying to foster a more peaceful and humane world and seeking restitution and compensation for victims of genocide. His books and articles have focused on the establishment of an international criminal court to hold accountable those leaders responsible for aggression – the supreme international crime – and other crimes against humanity. He is a prolific author and world?wide lecturer.

Henry King practiced law in New York with Milbank, Tweed & Hope, served as a Nuremberg war crimes prosecutor, and then had a long and distinguished career as a corporate counsel, which included more than twenty years with TRW Inc. as chief corporate international counsel. He teaches International Arbitration. A former chairman of the American Bar Association’s Section of International Law and Practice, he served on the ABA’s special task force on war crimes in the former Yugoslavia and was the U.S. chairman of a joint working group, organized by the American, Canadian, and Mexican bar associations, on the settlement of international disputes. Mr. King has written a book on Albert Speer, one of the Nuremberg defendants, entitled The Two Worlds of Albert Speer. The University of Pittsburgh School of Law named Mr. King a Fellow honoris causa of the Center for International Legal Education on March 9, 2002. On June 4, 2002, Mr. King was awarded an honorary degree of Doctor of Civil Laws by the University of Western Ontario. Mr. King was a guest of the government of The Netherlands on March 11, 2003, for the inauguration of the International Criminal Court at The Hague. Mr. King is Senior Advisor to the Robert H. Jackson Center at Jamestown, New York. He received a B.A. degree in 1941 and an LL.B. degree in 1943 from Yale University.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday September 24, 2008
4:30-5:30 p.m.
Moot Court Room
Case Western Reserve University School of Law
CISCDR Distinguished Scholar-in-Residence Lecture
Presented by CISCDR (Center for the Interdisciplinary Study of Conflict and Dispute Resolution)

Does culture play a role in the lawyering process? on dispute resolution methods? What exactly is culture? This lecture will address these important questions. Some commentators and practitioners assert that culture is of little or no consequence in dispute resolution, and that it need not be studied. Professor Lee will address, and largely question, such a view. He urges that culture may be a factor in many disputes, quite significant in some situations, and less so in others. Culture is perhaps most pronounced in the international setting, but is also present in the domestic setting. In all events, the failure to recognize cultural norms and differences may lead to missed opportunities in settlement, or an exacerbation of the dispute. Ultimately, participants in the dispute resolution arena – whether parties, counsel, or neutrals – must be aware of the presence and impact of culture, toward facilitating fair settlement.

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Additional Information About Our Guest…

Ilhyung Lee is a Senior Fellow at the University of Missouri School of Law’s Center for the Study of Dispute Resolution, Ilhyung Lee has served as a panelist in domain name disputes administered by the World Intellectual Property Organization. He is a member of the London Court of International Arbitration, the National Arbitration Forum, the U.S. Council for International Business, and the National Sports Law Institute.

Prof. Lee ’s scholarship addresses comparative approaches to individual rights; the intersection of law, society, and culture in Korea; and the impact of culture on the dispute resolution process. He teaches Comparative Constitutional Law, Cross-Cultural Dispute Resolution, and International Commercial Arbitration. Prof. Lee also writes about intellectual property law and teaches Trademarks and Copyright. He has lectured in Japan as a Fulbright Scholar.

Previously, Prof. Lee practiced law at Cravath, Swaine & Moore (New York) and Kim & Chang (Seoul, Korea). He was law clerk to the Honorable Joseph F. Weis, Jr., of the U.S. Court of Appeals for the Third Circuit. As a law student at Boston College, Prof. Lee was an articles editor on the law review and received his J.D. Order of the Coif. He earned an M.A. degree from Washington College and a B.A. from the University of Maryland.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

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A recognized authority in the areas of national security law, international law, and international trade, Professor Oren Gross is also an expert on the Middle East and the Arab-Israeli conflict. He holds an LL.B. degree magna cum laude from Tel Aviv University, where he served on the editorial board of the Law Review, and LL.M. and S.J.D. degrees from Harvard Law School, where he was a Fulbright Scholar.

The Constitution Day Planning Committee (CDPC) chose this year’s topic and invited Professor Gross, coauthor of Law in Times of Crisis: Emergency Powers in Theory and Practice (Cambridge University Press, 2006), which won the American Society of International Law’s Certificate of Merit for Creative Scholarship. Professor Gross is the Irving Younger Professor and Director of the Minnesota Center for Legal Studies and has taught at Princeton, Brandeis, Belfast, Heidelberg, and Tel Aviv. His articles have appeared in leading journals such as the Yale Law Journal, Michigan Journal of International Law, and Minnesota Law Review.

CDPC members were Daniel Baeder, Hema Krishna, David Mattern, Mitch Parlett, Nicholas Sachanda, Jordan Silver, Christopher Titas, Andrew Wolf, and Professor Laura Tartakoff.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Monday September 15, 2008
12:30-2:00 p.m.
1914 Lounge, Thwing Center
Case Western Reserve University

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The current meltdown in the credit markets, precipitated by bad mortgage loans, is a failure of both public and private regulation. Professor Rom, author of Public Spirit in the Thrift Tragedy (University of Pittsburgh Press, 1996) will discuss his research on the failure by Moody’s and by Standard & Poor’s to accurately judge the risk of mortgage-based securities. Professor Engel, a leading expert on credit denial, predatory lending, and foreclosures, will comment.

Mark Rom received his B.A. from the University of Arkansas (magna cum laude) and his M.A. and Ph.D. in political science at the University of Wisconsin, Madison in 1992. He has served as a legislative assistant for the Honorable John Paul Hammerschmidt of the US House of Representatives, as a research fellow at the Brookings Institution, as a senior evaluator at the US General Accounting Office, and as a Robert Wood Johnson Scholar in Health Policy Research at the University of California, Berkeley.

Mark studies American politics and public policy, especially social welfare policy. He is currently editing a book “The Politics of Sexuality Education” (with Clyde Wilcox) and writing a monograph “Laboratories of Democracy?” He is also writing a series of papers on grading ethics. He has written Fatal Extraction: The Story Behind the Florida Dentist Accused of Infecting His Patients with HIV and Poisoning Public Health (Jossey-Bass, 1997), Public Spirit in the Thrift Tragedy (University of Pittsburgh, 1996), and Welfare Magnets: A New Case for a National Welfare Standard (Brookings Institution, 1990, with Paul E. Peterson), among other book chapters and articles.

His most recent book chapters have appeared in The Politics of Same Sex Marriage (University of Chicago Press, forthcoming) and Promoting the General Welfare (Brookings Institution, forthcoming). His dissertation, The Thrift Tragedy: Are Politicians and Bureaucrats to Blame?, was the co-winner of the 1993 Harold Lasswell Award from the American Political Science Association as the best dissertation in the public policy field.

Mark loves to teach. At the GPPI, he has led courses in Ethics and Values in Public Policy, the Public Policy Process, Quantitative Methods, among others. While at Georgetown, he has been selected as a Teaching Fellow (through CNDLS) and three times has been selected by the students as the outstanding faculty member in the Graduate Public Policy Institute.

Kathleen C. Engel is a national authority on mortgage finance and regulation, subprime and predatory lending, and housing discrimination. Her many publications, some of which she wrote with her frequent co-author,Professor Patricia McCoy, include articles in Texas Law Review, Fordham Law Review, Washington University Law Quarterly, Connecticut Law Review, The Journal of Economics and Business, Fordham Urban Law Journal, and Housing Policy Debate. Professor Engel presents her research in academic, banking, and policy forums throughout the country and around the world. Her analysis of financial services markets and the laws that regulate them regularly catches the attention of the press; Business Week, The Economist, and The Wall Street Journal have all cited her work. In addition, her research has garnered her both University and national awards.

Professor Engel serves as referee for several academic journals, and is a member of the Consumer Advisory Council of the Federal Reserve Board of Governors, the Executive Committee of the AALS Section on Financial Institutions and Consumer Financial Services, the Board of Directors of Americans for Fairness in Lending, the Board of Advisors of the American Constitution Society for Law and Policy (Northeast Ohio Chapter), and the Fair Housing Subgroup of the Barack Obama campaign. She has consulted with all levels of government on issues related to predatory lending and mortgage lending discrimination.

Professor Engel is an honors graduate from Smith College and the University of Texas School of Law. Following graduation from law school, Professor Engel clerked for Judge Homer Thornberry of the Fifth Circuit Court of Appeals in Austin, Texas. She then practiced law at Burnham & Hines in Boston, where she primarily represented plaintiffs in civil rights, and housing and employment discrimination cases. Prior to joining the faculty at Cleveland-Marshall College of Law, Professor Engel taught at Northeastern University and Case Western Reserve University.

Professor Engel teaches courses on torts, civil procedure, employment law, and employment discrimination, and a predatory lending seminar.received his B.A from the College of William and Mary in 1991, and his Ph.D. in Politics from Princeton University in 1998. He taught at Georgetown University and the University of Miami before joining Kent State in 2001.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Monday, March 3, 2008
4:30―6:00 p.m.
Ford Auditorium, Allen Medical Library
Case Western Reserve University

A Presentation of the Center for Policy Studies at Case Western Reserve University

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What has Russia become, and where is it going? Join us on the day after Russia’s Presidential election (or selection) as the Center for Policy Studies hosts three groundbreaking scholars of post-Soviet affairs. Tom Remington, Professor of Political Science at Emory University, is the author of two books on the Russian Parliament and a basic text, Politics in Russia, now in its 5th edition. Andrew Barnes, Associate Professor of Political Science at Kent State University, has authored numerous studies of the new Russian economy, including Owning Russia: The Struggle Over Factories, Farms, and Power. Kelly McMann, Assistant Professor of Political Science at Case Western Reserve University, studies democratization in Russia and other ex-Soviet states, and is the author of Economic Autonomy and Democracy: Hybrid Regimes in Russia and Kyrgyzstan.

This event was made possible by the generosity of Ms. Eloise Briskin.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Wednesday, January 23, 2008
4:30―6:00 p.m.
Ford Auditorium, Allen Medical Library
Case Western Reserve University

A Presentation of the Center for Policy Studies at Case Western Reserve University

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Join us as the Center for Policy Studies hosts one of the nation’s premier scholars on defense matters. Dr. Korb is the author of 20 books and more than 100 articles, in journals such as Foreign Affairs, Public Administration Review, and the New York Times Sunday Magazine.

He has served as Council Vice President and Director of Studies at the Council on Foreign Relations; Director of the Center for Public Policy Education at The Brookings Institution; Dean of the Graduate School of Public and International Affairs at the University of Pittsburgh; Vice President of Corporate Operations at the Raytheon Company; and was Assistant Secretary of Defense for Manpower, Reserve Affairs, Installations and Logistics from 1981 through 1985

Joining Dr. Korb to discuss the topic will be Lieutenant Colonel Eric Patterson, Professor of Military Science and Director of the U.S. Army ROTC program at John Carroll University, and Dr. Vincent E. McHale, Marcus A. Hanna Professor of Political Science at CWRU. This event is free and open to the public.

This event was made possible by the generosity of Ms. Eloise Briskin.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

Monday November 12, 2007
4:00-5:30 p.m.
Ford Auditorium
Allen Medical Library
Case Western Reserve University

Introduction: Karen Beckwith, Ph.D. – Flora Stone Mather Professor of Political Science at Case Western Reserve University, introduced our panelists to the audience.

Panelists: Thomas Patterson, Ph.D., Bradlee Professor of Government and the Press, John F. Kennedy School of Government, Harvard University. His most recent book, The Vanishing Voter, looks at the causes and consequences of declining electoral participation. His book on the media’s political role, Out of Order, received the American Political Science Association’s Graber Award as the best book of the decade in political communication. Alexander P. Lamis, J.D., Ph.D., Associate Professor of Political Science at Case Western Reserve University. Alexander P. Lamis is a specialist on elections and political parties, he is the author of The Two-Party South, 2d expanded edition (Oxford University Press, 1990), which was co-winner of the V. O. Key Award when the book’s first edition was published in 1984, and articles and book chapters on the politics of the American South. He is also editor of Ohio Politics (Kent State University Press, 1994; second edition forthcoming in 2006), his first book project involving collaboration among political scientists and journalists

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Additional Information About Our Guest…

Thomas E. Patterson is Bradlee Professor of Government and the Press. His most recent book, The Vanishing Voter, looks at the causes and consequences of declining electoral participation. His book on the media’s political role, Out of Order, received the American Political Science Association’s Graber Award as the best book of the decade in political communication. An earlier book, The Unseeing Eye, was named by the American Association for Public Opinion Research as one of the 50 most influential books on public opinion in the past half century. He also is author of Mass Media Election and two general American government texts: The American Democracy and We the People. His articles have appeared in Political Communication, Journal of Communication, and other academic journals, as well as in the popular press. His research has been funded by the Ford, Markle, Smith-Richardson, Pew, and National Science foundations. Patterson received his PhD from the University of Minnesota in 1971.

© 2009 Case Western Reserve University UChannel Program. All Rights Reserved.

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A Presentation of the Baker-Nord Center for the Humanities

Thomas J. Sugrue is a Baker-Nord visiting fellow from the University of Pennsylvania and author of “The Origins of the Urban Crisis: Race and Inequality in Postwar Detroit” (1966.)

Thomas J. Sugrue is Edmund J. and Louise W. Kahn Professor of History and Sociology at the University of Pennsylvania. A specialist in twentieth-century American politics, urban history, and race relations, Sugrue was educated at Columbia; King’s College, Cambridge; and Harvard, where he earned his Ph.D. in 1992. He is author of “The Origins of the Urban Crisis” (1996), which won the Bancroft Prize in American History, the Philip Taft Prize in Labor History, the President’s Book Awards of the Social Science History Association, among other awards. In 2005, Princeton University Press selected The Origins of the Urban Crisis as one of its 100 most influential books of the past one hundred years and published a new edition of The Origins of the Urban Crisis as a Princeton Classic.

Sugrue’s newest book is Sweet Land of Liberty: The Unfinished Struggle for Racial Equality in the North (in press at Random House). He is also writing a history of twentieth-century America with Glenda Gilmore of Yale University (under contract with W.W. Norton). In 2009 Sugrue will deliver the Lawrence Stone Lectures in History at Princeton University on religion and the transformation of modern American politics, to be published as a book by Princeton University Press. Sugrue’s other books include W.E.B. DuBois, Race, and the City: The Philadelphia Negro and its Legacy(University of Pennsylvania Press, 1998), co-edited with Michael B. Katz and, more recently, The New Suburban History( University of Chicago Press, 2006) with Kevin Kruse. With Michael Kazin and Glenda Gilmore, he is co-editor of the book series Politics and Culture in Modern America, with the University of Pennsylvania Press. He also serves on a number of other editorial boards.

Sugrue has also published over 30 articles in such places as the Journal of American History, Journal of Urban History, Labor History, Prospects, International Labor and Working-Class History, American Behavioral Scientist, Yale Journal of Law and the Humanities, Michigan Journal of Race and the Law, Budapest Quarterly, and in several edited collections on a wide range of topics including modern American culture and politics, affirmative action, twentieth-century conservatism and liberalism, race, urban economic development, suburbanization, poverty and public policy, and colonial American history. His essays and reviews have also appeared in London Review of Books, The Nation, Dissent, Washington Post, Chicago Tribune, Detroit Free Press, and Philadelphia Inquirer. Most recently, Sugrue’s essay “Affirmative Action from Below” was published in The Best American History Essays 2006 (Palgrave Macmillan), a collection of ten essays selected from over three hundred learned and popular journals.

Sugrue has won fellowships and grants from the Guggenheim Foundation, the Fletcher Foundation, the Institute for Advanced Study in Princeton, the American Philosophical Society, the American Council of Learned Societies, the National Endowment for the Humanities, the Kellogg Foundation, and the Social Science Research Council, and has been Research Fellow in Governmental Studies at the Brookings Institution in Washington, DC. He is also an invited fellow at the Center for the Advanced Study in the Behavioral Sciences at Stanford. He has been a visiting professor at New York University and the École des Hautes Études en Sciences Sociales in Paris. He was recently selected one of the 2007 winners of the Organization of American Historians/Japanese Association of American Studies Residency and will spend part of the summer of 2007 at Nanzan University in Nagoya, Japan. Sugrue has also served on the boards of the Urban History Association (UHA), and the Historical Society of Pennsylvania (currently as vice chair for the library), has co-chaired the program committee of the Social Science History Association (SSHA) and has served on program and prize committees for the Organization of American Historians, the Policy History Association, UHA, and SSHA.

Sugrue is also an award-winning teacher. His courses on America in the 1960s and on U.S. History from 1877-1933 have been selected “Hall of Fame Classes” by the Penn Course Review and he won the 1998 Richard Dunn Teaching Award in the Department of History. He has advised dissertations in history, social welfare, American civilization, sociology, and the history and sociology of science, and has served as an external examiner at Brown and Rutgers. He is a member of the faculty advisory committees for the Urban Studies Program, the Urban Education Program, the Greenfield Intercu