PLEASE NOTE THAT THE WEB CAST VIDEO IS IN TWO PARTS. THE SECOND HALF OF THE VIDEO IS AVAILABLE BY CLICKING ON THE RELATED LINKS SECTION TITLED VIDEO PART TWO.
In the past year, there has been serious debate over the role that international and foreign law should play in American judicial decision-making. Are there circumstances under which international and foreign law can trump the Constitution? How do we define sovereignty in the age of the war on terrorism? Is U.S. reliance on international law a double-edged sword?
In order to understand recent developments in the relationship between international, foreign, and domestic law and the implications of this debate for American citizens in general, AEI will host a conference on the outsourcing of American law. Supreme Court Justice Antonin Scalia will deliver the keynote speech and distinguished speakers will address the subjects of customary international law in American judicial decision-making after Sosa v. Alvarez Machain, international law and laws of war, and the role of foreign law in Supreme Court adjudication. Speakers will include AEI visiting scholar John Yoo; Brookings Institution senior fellow Stuart Taylor; senior vice president of the Center for American Progress Morton Halperin; professor of law at American University’s Washington College of Law Kenneth Anderson; Hofstra University professor of law Julian Ku; and Hoover Institution senior fellow and George Mason University law professor Peter Berkowitz.
Agenda
11:45 a.m.
Registration and Lunch
Noon
Opening Remarks:
Jack Goldsmith, AEI, Harvard Law School
12:10
Panel I: Looking Abroad for Law? Customary International Law and the Alien Tort Statute
Panelists:
William Dodge, University of California, Hastings College of the Law
Julian Ku, Hofstra University School of Law
David Moore, University of Kentucky College of Law
Beth Stephens, Rutgers School of Law
Moderator:
Jack Goldsmith, AEI, Harvard Law School
1:35
Panel II: Law and War: The War on Terrorism and International Law
Panelists:
Kenneth Anderson, Washington College of Law, American University
Morton Halperin, Open Society Institute, Center for American Progress
John Hutson, Franklin Pierce Law Center, U.S. Navy
Andrew McCarthy, Foundation for the Defense of Democracies
Moderator:
John Yoo, AEI, UC-Berkeley Boalt Hall School of Law
2:50
Break
3:00
Keynote Address
Introduction:
Christopher DeMuth, AEI
Speaker:
Justice Antonin Scalia
4:00
Panel III: Outsourcing Constitutional Law? International and Foreign Law and the U.S. Supreme Court
Panelists:
Peter Berkowitz, George Mason University Law School, Hoover Institution
Thomas Goldstein, Goldstein and Howe, P.C.
Stuart Taylor, National Journal, Newsweek, Brookings Institution
John Yoo, AEI, UC-Berkeley Boalt Hall School of Law
Moderator:
Danielle Pletka, AEI
Closing Remarks:
John Yoo, AEI, UC-Berkeley Boalt Hall School of Law
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