International & National Security Law

The European Court of Human Rights - A European Constitutional Court?

Thu, 17 May 2012 00:00:00 EST

Legal discussions of constitutionalism will typically focus on national developments and differences between various national constitutional systems. However the focus of my remarks will not be on national constitutions and constitutional courts—at least not directly—but rather on the idea of supranational or European constitutionalism. This is an idea that holds great appeal to many lawyers and politicians... [Read more!]

A Retrospective on the 1921 Constitution of the Democratic Republic of Georgia

Wed, 09 May 2012 00:00:00 EST

George Papuashvili

Establishing a strong system of constitutionalism is crucial for the development of modern statehood and the democratic institutions of Georgia. An indispensable prerequisite for this end is the existence of a constitution that ensures the principles of democratic governance, human rights, and rule of law. The Constitution of Georgia, adopted on August 24, 1995, is an endeavor in this direction. At the same time, we must analyze those political and legal traditions and documents, which, along with the modern global experience in constitutionalism, laid the ground for the present supreme law of Georgia and its future development. [Read more!]

James Madison by Richard Brookhiser - Podcast

Tue, 01 May 2012 00:00:00 EST

Richard Brookhiser, James A. Haynes

Richard Brookhiser's book examines the life of America's fourth President, James Madison, including his role in advising Thomas Jefferson, his relationships with various Founding Fathers, including George Washington, John Adams, Thomas Jefferson, and Alexander Hamilton. Featuring Mr. Richard Brookhiser, Author of James Madison and Columnist for American History and National Review Magazines, and Mr. James A. Haynes of the Federalist Society's Professional Responsibility & Legal Education Practice Group Executive Committee and Baltimore Lawyers Chapter. [Listen now!]

Examination of the Legal Rationale for Targeting U.S. Citizens - Podcast

Tue, 24 Apr 2012 00:00:00 EST

Michael W. Lewis, Stephen I. Vladeck, Dean A. Reuter

Last year, using a drone missile strike, the U.S. killed Anwar al-Awlaki. Questions were raised about the legal and constititional authority to target a U.S. citizen abroad. In recent remarks delivered by Attorney General Eric Holder, the administration offered its most detailed legal defense to date. Our experts recently discussed this legal rationale, and the future of targeting U.S. citizens. Featuring Prof. Michael W. Lewis of Ohio Northern University Pettit College of Law and Prof. Stephen I. Vladeck of American University Washington College of Law. [Listen now!]

Taming Globalization: International Law, the U.S. Constitution, and the New World Order - Event Video

Thu, 19 Apr 2012 00:00:00 EST

Julian Ku, John C. Yoo, Martin Flaherty, Jeremy A. Rabkin, Jennifer Rubin, Lee Liberman Otis

In our increasingly global society, dozens of international institutions, from the International Court of Justice to border commissions to the World Trade Organization, cast a legal net across the globe. This presents an unavoidable challenge to American constitutional law, especially to the separation of powers and the allocation of powers between the national government and the States. In their new book, “Taming Globalization: International Law, the U.S. Constitution, and the New World Order,” Hofstra and Berkeley Law Professors Julian Ku and John Yoo propose that domestic actors should invoke “mediating devices” -- such as non-self-execution of treaties, recognition of the President’s authority to interpret international law, and a reliance on state implementation of international law and agreements. These devices, Ku and Yoo argue, will help us resolve this challenge in a way that minimizes both constitutional and international difficulties. Does this approach make sense? How faithful is it to our Constitution? To our traditions? To our international law obligations? Featuring Prof. Julian Ku of Hofstra University School of Law; Prof. John Yoo of UC Berkeley School of Law; Prof. Martin Flaherty of Fordham University School of Law; Prof. Jeremy Rabkin of George Mason University School of Law; and Ms. Jennifer Rubin of the Washington Post as the moderator. [Watch now!]

Detention, Interrogation and Trial of Terrorist Suspects � 10 Years Later - Event Audio/Video

Thu, 05 Apr 2012 00:00:00 EST

Nathan A. Sales, Charles D. Stimson, Stephen I. Vladeck, Benjamin Wittes, Glenn M. Sulmasy, Vincent J. Vitkowsky

The legal ambiguities associated with the classification, interrogation and adjudication of al Qaeda members alleged to have committed war crimes continue to hamper the Obama administration’s national security policy. This confusion and the inconsistent application of laws to govern the conflict have exacerbated criticism of the U.S. approach to the war on al Qaeda. This panel, featured during the 2012 National Security Symposium, will analyze, from myriad perspectives, U.S. policy and practice on these issues as we enter the second decade of the armed conflict. Featuring Prof. Nathan A. Sales of George Mason University School of Law; Charles D. “Cully” Stimson of The Heritage Foundation; Prof. Stephen I. Vladeck of the American University Washington College of Law; Benjamin Wittes of the Brookings Institution; and Prof. Glenn M. Sulmasy of the U.S. Coast Guard Academy as the moderator. Introduction by Vincent J. Vitkowsky of the Center for Law and Counterterrorism.

National Security After U.S. v. Jones - Event Audio/Video

Thu, 05 Apr 2012 00:00:00 EST

Michael Chertoff, Vincent J. Vitkowsky

Former Secretary of Homeland Security Michael Chertoff delivered an address on "National Security After U.S. v. Jones" at the 2012 National Security Symposium on April 5, 2012. He was introduced by Vincent J. Vitkowsky of the Center for Law and Counterterrorism.

Cybersecurity and Critical Infrastructure - Event Audio/Video

Thu, 05 Apr 2012 00:00:00 EST

Matthew J. Eggers, Sharon Bradford Franklin, Jamil N. Jaffer, Michael Vatis, Vincent J. Vitkowsky

Cybersecurity must address complicated and interconnected threats of cyberattacks on critical infrastructure sectors, cybertheft of personal data, cyberespionage, cyberwarfare and cyberterrorism. It raises challenging practical, legal and policy issues, including what proposals would be effective, the scope of regulatory authority, the nature of information sharing and liability protections, and the preservation of internet freedom and privacy. This panel was held during the 2012 National Security Symposium. Featuring: Matthew J. Eggers of the U.S. Chamber of Commerce; Sharon Bradford Franklin of The Constitution Project; Jamil N. Jaffer of the House Permanent Select Committee on Intelligence; Michael Vatis of Steptoe & Johnson LLP and formerly of the FBI National Infrastructure Protection Center; and Vincent J. Vitkowsky of the Center for Law and Counterterrorism as the moderator.

Power and Constraint: The Accountable Presidency After 9/11 - Event Video

Wed, 21 Mar 2012 00:00:00 EST

Jack L. Goldsmith III, Neal K. Katyal, Dana Priest, Jeremy A. Rabkin, C. Boyden Gray, Lee Liberman Otis

Conventional wisdom holds that the 9/11 attacks ushered in a new era of unchecked Presidential power. But in his provocative new book, "Power and Constraint: The Accountable Presidency After 9/11," Harvard Law Professor Jack Goldsmith argues that while post 9/11 presidents have exercised far-reaching powers with respect to detention, trials, targeted killings, surveillance and state secrets, they have been more accountable for their national security decisions than ever before, as a result of constraints enforced by congressional committees, government lawyers, courts, and the media. The result, according to Goldsmith, has been to preserve a balanced constitution in the face of a seemingly permanent state of emergency. But how real is this new found Presidential accountability? How desirable is it? How true to our original Constitution? Who decides? This discussion featured panelists Neal Katyal (Georgetown University Law Center), Dana Priest (The Washington Post), and Jeremy Rabkin (George Mason University School of Law) and was moderated by Hon. C. Boyden Gray (Former White House Counsel). [Watch now!]

The Alien Tort Statute, International Law, and the Judiciary - Event Audio/Video

Fri, 06 Jan 2012 00:00:00 EST

Eugene Kontorovich, Stephen I. Vladeck, Elizabeth Andersen

The Federalist Society's Facutly Division hosted this debate on "The Alien Tort Statute, International Law, and the Judiciary" on Friday, January 6, 2012, during the 14th Annual Faculty Conference. Speakers included Prof. Eugene Kontorovich of Northwestern University School of Law; Prof. Stephen Vladeck of American University Washington College of Law; and Ms. Elizabeth Andersen, Executive Director & Executive Vice President of the American Society of International Law, as the moderator.

Multinational Businesses and the Matrix of Human Rights Governance Networks

Tue, 22 Nov 2011 00:00:00 EST

James P. Kelly

For decades, human rights activists have successfully petitioned state and national governments in developed countries to fund such economic rights as the right to housing, the right to education, the right to a clean and safe environment, the right to work, the right to social security, and the right to health. Just at the time that the bill is coming due for such expenditures and developed countries are facing the resulting global economic crisis, these advocates are pursuing the realization of these economic rights in developing countries. However, a lack of government funding is forcing them to look to transnational corporations and other multinational business enterprises for the funding of their social welfare ambitions. In doing so, they are relying on a matrix of human rights governance networks (the “Matrix”) first described in a 2008 article in this journal. This follow-up article explains 1) how human rights activists and multinational institutions are using the Matrix to govern the operations of multinational business enterprises; 2) how the Matrix has become an “intellectual complex adaptive system” that, after facing initial resistance from the business community, has evolved to increase its scope and effectiveness; and 3) some steps that multinational businesses might take to resist the Matrix. [Read more!]

The War-on-Terror Government - Event Audio/Video

Fri, 11 Nov 2011 00:00:00 EST

Stewart A. Baker, Veronique de Rugy, Julian Sanchez, Benjamin Wittes, Nathan A. Sales

The International & National Security Law Practice Group hosted this panel on "The War-on-Terror Government" on Friday, November 11, 2011, during the 2011 National Lawyers Convention. The panel featured Hon. Stewart A. Baker of Steptoe & Johnson LLP and former Assistant U.S. Secretary for Policy at the U.S. Department of Homeland Security; Dr. Veronique de Rugy of the Mercatus Center at George Mason University; Mr. Julian Sánchez of The Cato Institute; Mr. Benjamin Wittes of the The Brookings Institution; and Prof. Nathan A. Sales of George Mason University School of Law as the moderator.

Silenced: How Apostasy and Blasphemy Codes are Choking Freedom Worldwide - An Overview by the Authors - Event Audio/Video

Fri, 04 Nov 2011 00:00:00 EST

Paul Marshall, Nina Shea, Jonathan Bunch

The West is also now experiencing a move toward new blasphemy standards through bans on "hate speech," "the stereotyping of Islam," and charges of "Islamophobia." The Organization of Islamic Cooperation (OIC) within the United Nations and in the European Union has been a visible proponent of hate speech restrictions and other measures. Meanwhile, Secretary of State Hillary Clinton has announced that the U.S. government will sponsor a conference with the OIC on how to implement a U.N. resolution combating "negative stereotyping" of Islam, the focus of a recent U.N. resolution. Speakers at our conference on November 4 addressed the prevalence of trends concerning hate speech and blasphemy laws, and whether they pose a serious threat to the freedoms of citizens of the West, including Muslims, as well as people in OIC member states. This panel featured Mr. Paul Marshall and Ms. Nina Shea, both of the Center for Religious Freedom at the Hudson Institute, as they discussed their new book Silenced: How Apostasy and Blasphemy Codes are Choking Freedom Worldwide. Introduction by Mr. Jonathan Bunch, Vice President & Director of State Courts at the Federalist Society.

The Muslim World - Event Audio/Video

Fri, 04 Nov 2011 00:00:00 EST

David F. Forte, Amjad M. Khan, Jacob Mchangama, Samuel Tadros, James P. Kelly

The West is also now experiencing a move toward new blasphemy standards through bans on "hate speech," "the stereotyping of Islam," and charges of "Islamophobia." The Organization of Islamic Cooperation (OIC) within the United Nations and in the European Union has been a visible proponent of hate speech restrictions and other measures. Meanwhile, Secretary of State Hillary Clinton has announced that the U.S. government will sponsor a conference with the OIC on how to implement a U.N. resolution combating "negative stereotyping" of Islam, the focus of a recent U.N. resolution. Speakers at our conference on November 4 addressed the prevalence of trends concerning hate speech and blasphemy laws, and whether they pose a serious threat to the freedoms of citizens of the West, including Muslims, as well as people in OIC member states. This panel on "The Muslim World" featured Prof. David F. Forte of Cleveland State University, Cleveland-Marshall School of Law; Mr. Amjad Mahmood Khan of Ahmadiyya Muslim Community USA; Mr. Jacob Mchangama of the Center for Political Studies (Copenhagen, Denmark); Mr. Samuel Tadros of the Hudson Institute’s Center for Religious Freedom; and Mr. James P. Kelly III, Director of International Affairs at the The Federalist Society, as the moderator.

Growing Repression in the West - Event Audio/Video

Fri, 04 Nov 2011 00:00:00 EST

Bruce Bawer, Paul Diamond, Mark Durie

The West is also now experiencing a move toward new blasphemy standards through bans on "hate speech," "the stereotyping of Islam," and charges of "Islamophobia." The Organization of Islamic Cooperation (OIC) within the United Nations and in the European Union has been a visible proponent of hate speech restrictions and other measures. Meanwhile, Secretary of State Hillary Clinton has announced that the U.S. government will sponsor a conference with the OIC on how to implement a U.N. resolution combating "negative stereotyping" of Islam, the focus of a recent U.N. resolution. Speakers at our conference on November 4 addressed the prevalence of trends concerning hate speech and blasphemy laws, and whether they pose a serious threat to the freedoms of citizens of the West, including Muslims, as well as people in OIC member states. This panel featured on the "Growing Repression in the West" featured Mr. Bruce Bawer, best-selling author of While Europe Slept; Mr. Paul Diamond, a United Kingdom defense attorney in hate speech cases; and the Rev. Dr. Mark Durie, Vicar of St. Mary’s Anglican Church in Melbourne, Australia.

Where Are the Muslim Moderates? - Event Audio/Video

Fri, 04 Nov 2011 00:00:00 EST

Manda Zand Ervin, Naser Khader, David B. Rivkin, Jr.

The West is also now experiencing a move toward new blasphemy standards through bans on "hate speech," "the stereotyping of Islam," and charges of "Islamophobia." The Organization of Islamic Cooperation (OIC) within the United Nations and in the European Union has been a visible proponent of hate speech restrictions and other measures. Meanwhile, Secretary of State Hillary Clinton has announced that the U.S. government will sponsor a conference with the OIC on how to implement a U.N. resolution combating "negative stereotyping" of Islam, the focus of a recent U.N. resolution. Speakers at our conference on November 4 addressed the prevalence of trends concerning hate speech and blasphemy laws, and whether they pose a serious threat to the freedoms of citizens of the West, including Muslims, as well as people in OIC member states. This keynote address by former member of the Danish Parliament Naser Khader on "Where Are the Muslim Moderates?" was followed by commentary from Ms. Manda Zand Ervin of the Alliance of Iranian Women and the American Islamic Leadership Coalition. Mr. David B. Rivkin Jr. of Baker & Hostetler LLP chaired this event.

Sanctions, Transnational Organized Crime

Mon, 03 Oct 2011 00:00:00 EST

Adam R. Pearlman

On July 24, 2011, President Obama signed Executive Order 13581, “Blocking Property of Transnational Criminal Organizations.” In the Order, the President found that “the activities of significant transnational criminal organizations [TCOs] . . . have reached such a scope and gravity that they threaten the stability of international political and economic systems.” Those organizations, defined in the order as persons or groups that engage in “an ongoing pattern of serious criminal activity involving the jurisdictions of at least two foreign states; and that threatens the national security, foreign policy, or economy of the United States,” are determined to “constitute an unusual and extraordinary threat to the national security, foreign policy and economy of the United States,” making them subject to sanctions under the International Economic Emergency Powers Act (IEEPA).

Confronting Terror: 9/11 and the Future of American National Security - Event Audio/Video

Thu, 15 Sep 2011 00:00:00 EST

Arthur Herman, Charles R. Kesler, Dean A. Reuter, Frank H. Easterbrook

On September 15, 2011, the Chicago Lawyers Chapter hosted the 9/11 Tenth Anniversary Program featuring this panel discussion. The distinguished panelists discussed the themes of Confronting Terror: 9/11 and the Future of American National Security from a variety of viewpoints presented in the book. Confronting Terror was edited by Prof. John Yoo of the University of California Berkeley School of Law and leading initial architect of post-9/11 national security policy, and Dean Reuter, Vice President & Director of Practice Groups for the Federalist Society for Law & Public Policy. The panelists included Prof. Arthur Herman of the American Enterprise Institute; Dr. Charles Kesler of The Claremont Institute; Dean A. Reuter of The Federalist Society; and Judge Frank Easterbrook of the U.S. Court of Appeals for the Seventh Circuit as the moderator.

Resolved: That the President's War Powers are (Nearly) Absolute - Event Audio/Video

Thu, 15 Sep 2011 00:00:00 EST

John C. Yoo, Alberto R. Coll, James Warren, James C. Dunlop

On September 15, 2011, the Chicago Lawyers Chapter hosted the 9/11 Tenth Anniversary Program featuring this debate. Prof. John C. Yoo of the University of California Berkeley School of Law and Prof. Alberto R. Coll of DePaul University College of Law debated issues relevant not only to the war against terrorists, but also to on-going US and NATO action in Libya and in future conflicts as they arise. The debate was moderated by James Warren of the Chicago News Cooperative and The Atlantic. Introduction by Mr. James C. Dunlop of Jones Day.

Engage Volume 12, Issue 2, September 2011

Mon, 12 Sep 2011 00:00:00 EST

The September 2011 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read now!]

Executing the Treaty Power: A Closer Look at U.S. v. Bond

Wed, 23 May 2012 00:00:00 EST

Nicholas Quinn Rosenkranz

A few weeks ago, in U.S. v. Bond, the Third Circuit held that a treaty can and did increase the legislative power of Congress, to reach an otherwise purely local crime. But the court seemed distinctly uneasy about this result, and the judges positively urged the Supreme Court to take the case. Judge Ambro, concurring, wrote: "I hope that the Supreme Court will soon flesh out '[t]he most important sentence in the most important case about the constitutional law of foreign affairs,' Nicholas Quinn Rosenkranz, Executing The Treaty Power, 118 Harv. L. Rev. 1867, 1868 (2005), and, doing so, clarify (indeed curtail) the contours of federal power to enact laws that intrude on matters so local that no drafter of the Convention contemplated their inclusion in it." In this teleforum, Prof. Nicholas Quinn Rosenkranz of Georgetown University Law Center will discuss U.S. v. Bond, Executing The Treaty Power, the scope of Congress's power to legislate pursuant to treaty, and the prospects for this issue at the Supreme Court.

Cyber Intelligence Sharing and Protection Act

Thu, 26 Apr 2012 00:00:00 EST

Stewart A. Baker, Ryan Radia

The Cyber Intelligence Sharing and Protection Act (CISPA) is currently under consideration in Congress. What are its strengths and weaknesses? Are there legitimate privacy concerns? Will CISPA suffer the same fate as the Stop Online Piracy Act, or is it fundamentally different? Our experts will discuss these and other issues and then take questions from our call-in audience. Featuring The Honorable Stewart A. Baker of Steptoe & Johnson LLP and Mr. Ryan Radia of the Competitive Enterprise Institute.

International Law, The U.S. Constitution, and the New World Order

Wed, 18 Apr 2012 00:00:00 EST

Julian Ku, John C. Yoo

In their new book, Taming Globalization, Julian Ku and John Yoo discuss the demands of globalization that will embroil American courts in the twenty-first century. Twenty-five percent of the U.S. economy depends on international trade; tens of millions of foreign citizens live in the United States; dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Professors Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation. After providing their opening remarks, the authors will take questions from callers.

2012 National Security Symposium

Thu, 15 Mar 2012 00:00:00 EST

Vincent J. Vitkowsky, Nathan A. Sales, Charles D. Stimson, Stephen I. Vladeck, Benjamin Wittes, Glenn M. Sulmasy, Michael Chertoff, Jamil N. Jaffer, Sharon Bradford Franklin, Matthew J. Eggers, Michael Vatis

The 2012 National Security Symposium was held on April 5. The conference included a major keynote address by former U.S. Secretary of Homeland Security Michael Chertoff. The conference also featured a discussion on cybersecurity and the limits of detention, interrogation, and trying of terrorist suspects. [Watch or listen now!]

Examination of the Legal Rationale for Targeting US Citizens

Fri, 09 Mar 2012 00:00:00 EST

Michael W. Lewis, Stephen I. Vladeck

Last year, using a drone missile strike, the US killed Anwar al-Awlaki. Questions were raised about the legal and constititional authority to target a US citizen abroad. Last week, in remarks delivered by Attorney General Eric Holder, the administration offered its most detailed legal defense to date. Our experts will discuss this legal rationale, and the future of targeting US citizens. Featuring: Prof. Michael W. Lewis of Ohio Northern University Pettit College of Law and Prof. Stephen I. Vladeck of American University Washington College of Law.

What the Future Holds: Balancing Law, Liberty, and National Security

Wed, 02 Nov 2011 00:00:00 EST

R. Alexander Acosta, Robert D. Alt, Kendall Coffey, Rodger A. Drew, Becky Norton Dunlop, Michael Greenberger, Michael W. Lewis, Peter S. Margulies, Gregory S. McNeal, Jeremy A. Rabkin, Scheherazade S. Rehman, Nicholas Rostow, John F. Stack, Hannibal Travis, Noah Weisbord

The rise of transnational terrorism and evolving threats to the national security of the United States has forced remarkable changes in United States foreign and domestic policy. The United States’ various strategies and policies for coping with these threats are celebrated by some and rejected by others. What the Future Holds: Balancing Law, Liberty, and National Security will focus on the law as well as related policy, political, and societal implications of national security policy. How do we balance liberty and individual freedoms with national security in today’s America? Where do we go from here? [More]

Silenced: Are Global Trends to Ban Religious Defamation, Religious Insult, and Islamophobia a New Challenge to First Amendment Freedoms?

Sun, 16 Oct 2011 00:00:00 EST

Bruce Bawer, Naser Khader, Nina Shea, Paul Marshall, Paul Diamond, Jacob Mchangama, Mark Durie, Amjad M. Khan, David F. Forte, David B. Rivkin, Jr., Samuel Tadros, Jonathan Bunch, James P. Kelly

Confronting Terror

Mon, 29 Aug 2011 00:00:00 EST

Michael B. Mukasey, Bob Barr

Join us on September 13 as the Washington, DC Lawyers Chapter hosts a debate on "Confronting Terror" featuring former U.S. Attorney General Michael Mukasey and former U.S. Representative Bob Barr. The debate will be followed by a reception and book signing with copies of Confronting Terror: 9/11 and the Future of American National Security available for purchase. [Register now!]

Cyber Security, National Security and Economic Security

Fri, 10 Jun 2011 00:00:00 EST

Vincent J. Vitkowsky, Steven G. Bradbury, Gary D. Brown, Shane Harris, Jeremy A. Rabkin, Paul Rosenzweig, Stewart A. Baker, Orin S. Kerr, Marc Rotenberg, Michael Vatis, John Smith

Both President Bush and President Obama directed comprehensive reviews of America's cyber security strategy. The current Cyberspace Policy Review concludes that cyber security poses some of the most serious economic and national security challenges of the 21st Century. The challenges include cyber warfare, cyber terrorism, cyber espionage, cyber attacks on defense facilities, critical infrastructure and private companies, and cyber theft of personal data. They give rise to complex and interconnected legal and policy issues, in areas such as the law of armed conflict, privacy and the scope of regulation, which will be addressed at this symposium.

2010 National Lawyers Convention

Wed, 24 Mar 2010 00:00:00 EST

Barry E. Carter, Maureen K. Ohlhausen, Patrick McSweeney, Antonin Scalia, Dennis G. Jacobs, Marvin Ammori, Paul S. Atkins, John S. Baker, Jr., Randy E. Barnett, Sara Sun Beale, Bradford A. Berenson, Lillian R. BeVier, Carl T. Bogus, James Bopp Jr., Steven G. Calabresi, Michael A. Carvin, Ronald A. Cass, Michael Chertoff, Roger Clegg, Robert D. Cooter, R. Ted Cruz, Frank H. Easterbrook, John C. Eastman, Richard A. Epstein, William N. Eskridge, Jr., David French, Charles Fried, Richard W. Garnett, Michael Gerhardt, C. Boyden Gray, Thomas W. Hazlett, Christine Jolls, Douglas T. Kendall, Lloyd Hitoshi Mayer, Edwin Meese III, Thomas W. Merrill, Paul R. Michel, John O. McGinnis, Barrington D. Parker, Jr., Michael S. Paulsen, Thomas R. Phillips, A. Raymond Randolph, David B. Rivkin, Jr., Mark F. Schultz, Bradley A. Smith, Paul M. Smith, Margaret D. Stock, Thomas J. Tauke, Clifford W. Taylor, Mark Tushnet, Eugene Volokh, Howard Waltzman, Ruth J. Wedgwood, J. Harvie Wilkinson III, Mitch McConnell, Noah D. Bookbinder, Lawrence A. Hamermesh, Brett M. Frischmann, Gigi B. Sohn, Kris W. Kobach, James C. Ho, William H. Pryor Jr., Joel R. Reidenberg, Diane S. Sykes, Jeffrey Bossert Clark, Kenneth T. Cuccinelli, Edith H. Jones, Ronald M. Levin, Victoria A. Lipnic, Roger Martella Jr., Diarmuid F. O'Scannlain, Roger Pilon, Rena I. Steinzor, Sarah B. Teslik, Peter J. Wallison, Arthur E. Wilmarth, John C. Yoo, Michael Barone, Michael S. Lee, Michael J. Madigan, Lanny J. Davis, Brett M. Kavanaugh, Jan Crawford, Carlos T. Bea, Kim Bobo, Shawn H. Chang, Thomas M. Hardiman, Jordan Lorence, Jeffrey P. Mahoney, Robert M. McDowell, Margaret E. McGuinness, Brandon Rees, David B. Sentelle, Jerry E. Smith, David Stras, Jeffrey S. Sutton, C. Gibson Vance, Pete Williams, Michael R. Pence, Daniel E. Lungren, Jeffrey Rosen

The Federalist Society's National Lawyers Convention is scheduled for Thursday, November 18 through Saturday, November 20 at the Mayflower Hotel. The theme for this year's convention is "Controlling Government: The Framers, the Tea Parties and the Constitution." The Annual Dinner will take place the evening of Thursday, November 18 at the Omni Shoreham Hotel. [Register now!]

Is Targeted Killing Legal?

Wed, 20 Oct 2010 00:00:00 EST

Benjamin Wittes, Mary Ellen O'Connell, Vincent J. Vitkowsky

Speakers:

Mary Ellen O'Connell, Short Chair in Law and Research Professor, Kroc Institute, University of Notre Dame; Chair, Use of Force Committee, International Law Association
Benjamin Wittes, Senior Fellow and Research Director in Public Law, The Brookings Institution; Member of Hoover Institution Task Force on National Security and the Law
Vincent J. Vitkowsky, Partner, Edwards Angell Palmer & Dodge LLP; Adjunct Fellow, Center for Law and Counterterrorism; Co-Chair, International Law Weekend (Moderator)

Responsibility to Protect: The Relationship between Human Dignity and State Sovereignty

Wed, 20 Oct 2010 00:00:00 EST

Frank Chalk, Jeremy A. Rabkin, Neomi Rao, Fernando Tes�n, Julian Ku

Speakers:

Frank Chalk, Professor, Concordia University (History); Director of the Montreal Institute for Genocide and Human Rights Studies
Jeremy Rabkin, Professor of Law, George Mason University School of Law
Neomi Rao, Assistant Professor of Law, George Mason University School of Law
Fernando R. Tesón, Tobias Simon Eminent Scholar, Florida State University College of Law; Co-Chair, ABILA Formation of Rules of Customary International Law Committee
Chair: Neomi Rao, Assistant Professor of Law, George Mason University School of Law
Moderator: Julian Ku, Professor of Law, Hofstra University School of Law

The International Criminal Court After Kampala: Should the United States Change its Relationship with the ICC?

Wed, 07 Jul 2010 00:00:00 EST

Brian H. Hook, Jeremy A. Rabkin, Michael P. Scharf, Edwin D. Williamson The Assembly of States Parties to the Rome Statute (which created the International Criminal Court) held a review conference in Kamapala, Uganda in early June 2010, including a week of negotiations resulting in the adoption of a definition of the crime of aggression. Should the U.S. re-sign the Statute? Accede to the Statute? Continue its current status as a non-party, but increase its cooperation with the ICC? On the other hand, does the action taken (or not taken) at Kampala provide additional support for those who oppose accession and cooperation? A panel of experts will discuss these and other questions. [Register now!]

Legislating the War on Terror

Thu, 08 Apr 2010 00:00:00 EST

Christopher E. Anders, Gregory G. Katsas, Stuart S. Taylor, Benjamin Wittes, Steven A. Engel The War on Terror is being waged within a legal framework that is ever changing and ill-defined. Although the courts have increasingly taken an active role in shaping that framework, Congress has been comparatively silent. A number of commentators have argued that Congress should be taking a greater role in defining that framework, particularly in setting forth clear rules for existing habeas corpus litigation following Boumediene v. Bush. What is the proper role of each branch of government? Would legislation lead to more coherent policy? By which branch can national security, civil liberties, and the rule of law all be best preserved? Our panel of experts will discuss these and other issues.

The War on Terror: Where Are We Now? Where Do We Go from Here?

Wed, 13 Jan 2010 00:00:00 EST

Steven A. Engel, Neal K. Katyal, David B. Rivkin, Jr., Stephen I. Vladeck, Neomi Rao It has been a year since President Obama took office with a promise to close the detainee holding facility at Guantánamo Bay, Cuba. In the wake of decisions to try Khalid Sheikh Mohammad, Umar Farouk Abdulmutallab, and other terrorist detainees in civilian courts, this is an opportune time to assess our progress in the War on Terror. Panelists will discuss what has transpired, what has gone wrong, what has gone right, and what we should expect next. Topics will include detention, surveillance, interrogation, trials, and more. [Register now!]

Will Trying Suspected Terrorists in New York Advance the Interests of Justice and National Security?

Wed, 16 Dec 2009 00:00:00 EST

William K. Kelley, James J. Benjamin, Martin Flaherty, Vincent J. Vitkowsky, Andrew Kent

Speakers:

Professor Bill Kelley, Notre Dame Law
James Benjamin, Akin, Gump, Strauss, Hauer & Feld LLP
Professor Martin Flaherty, Fordham Law School
Vincent Vitkowsky, Edwards, Angell, Palmer, & Dodge LLP
Professor Andrew Kent, Fordham Law School, (Moderator)

Crisis and Command: A History of Executive Power from George Washington to George W. Bush

Mon, 04 Jan 2010 00:00:00 EST

John C. Yoo

Speaker:

John C. Yoo, Professor, University of California at Berkeley School of Law

2009 National Lawyers Convention

Thu, 30 Apr 2009 00:00:00 EST

Samuel A. Alito, Douglas H. Ginsburg, Guido Calabresi, Frank H. Easterbrook, Jefferson B. Sessions III, Paul S. Atkins, Randy E. Barnett, Janice Rogers Brown, Linda Chavez, Mariano-Florentino (Tino) Cu�llar, Susan E. Dudley, Miguel Estrada, Richard A. Epstein, Steve Forbes, Maurice R. Greenberg, Michael S. Greve, Oona Hathaway, Peter N. Kirsanow, David G. Leitch, Michael W. McConnell, Burt Neuborne, Jeremy A. Rabkin, A. Raymond Randolph, Theodore M. Shaw, Stephen Bainbridge, Carlos T. Bea, Stephanie R. Breslow, Fran�ois-Henri Briard, Alan E. Brownstein, Ronald A. Cass, John C. Eastman, C. Boyden Gray, Lisa Heinzerling, Edith H. Jones, David A. Katz, Brett M. Kavanaugh, F. Scott Kieff, Michael Livermore, Ira C. "Chip" Lupu, Paul G. Mahoney, Robert D. McTeer, Michael J. Meurer, Geoffrey P. Miller, Alan B. Morrison, Diarmuid F. O'Scannlain, Michael Paese, Harvey L. Pitt, William H. Pryor Jr., Lucas "Scot" A. Powe Jr., Jamin Ben Raskin, Daniel B. Ravicher, Andrew J. Redleaf, Roberta Romano, David B. Sentelle, Catherine M. Sharkey, Amity Shlaes, Damon A. Silvers, Jerry E. Smith, Gigi B. Sohn, Ilya Somin, Bret Stephens, Jeffrey S. Sutton, Diane S. Sykes, Daniel E. Troy, J.W. Verret, Steven M.H. Wallman, John P. Walters, W. Bradley Wendel, Shirley J. Wilcher, J. Harvie Wilkinson III, Stephen F. Williams, Todd J. Zywicki, John A. Allison, John S. Baker, Jr., Jennifer Walker Elrod, Malcolm M. Feeley, Thomas W. Hazlett, Roderick M. Hills Jr., Brian H. Hook, Daryl Joseffer, Annette L. Nazareth, Aryeh Neier, Jed Rubenfeld, Robert P. Young, Jr., David Zaring, Mark R. Levin, Thomas M. Hardiman, John F. Manning, William Black, Cornish F. Hitchcock, Steven J. Law, Harold Meyerson, Alex J. Pollock, Andrew L. Stern, Michael B. Mukasey, David Berenbaum, Robert M. McDowell, Mark F. Schultz, David M. McIntosh, Kyle E. McSlarrow, Seton Motley, Laura M. Olson, Marvin Ammori

The Federalist Society's National Lawyers Convention is scheduled for Thursday, November 12 through Saturday, November 14 at the Mayflower Hotel. The theme for this year's convention is "The Federal Government's Economic Role in our Constitutional System." The Annual Dinner will take place the evening of Thursday, November 12 at the Omni Shoreham Hotel. [Register now!]

Challenges to Transnational Governance: Are We Allowed to Reject Transnational Norms?

Thu, 15 Oct 2009 00:00:00 EST

Vincent J. Vitkowsky, Michael Chertoff, Julian Ku, Margaret E. McGuinness, Leila Nadya Sadat

Panelists:

Hon. Michael Chertoff, former Secretary of the Department of Homeland Security and former Judge of the U.S. Court of Appeals for the Third Circuit
Julian G. Ku, Professor of Law and Associate Dean of Faculty Development, Hofstra University School of Law
Margaret E. McGuinness, Associate Professor of Law, University of Missouri School of Law
Leila Nadya Sadat, Professor of Law and Director of Harris World Law Institute, Washington University School of Law and Vice-President of ABILA
Vincent J. Vitkowsky, Partner, Edwards Angell Palmer & Dodge LLP (chairman)

Counterterrorism and the Obama Administration

Thu, 21 May 2009 00:00:00 EST

David B. Rivkin, Jr., Charles D. Stimson, Jonathan Hafetz, Edwin Meese III, Deborah Pearlstein, Gabor Rona, Edwin D. Williamson, William Kristol, Mike German, Kate Martin, Nathan A. Sales, George J. Terwilliger III, Stewart A. Baker, Kenneth L. Wainstein, Elisa Massimino, Andrew C. McCarthy What legal structures can keep America safe against terrorist attacks? Should the law of armed conflict maintain its primacy? What interrogation, surveillance and intelligence tools are essential to prevent future attacks? These questions and more will be considered during our day-long conference. [Register now!]