Please note: this event is being held in Hamburg, Germany.
The Transatlantic Law Forum (TLF) will host its fifth annual conference on October 28–29 at Bucerius Law School in Hamburg, Germany. The topic of the conference is “Constitutionalism in Crisis?”
Both in the United States and in Europe, a rapid succession of economic and political crises has prompted a widespread sense that our political institutions seem ill-equipped to address urgent problems with the requisite effectiveness and resolve. Some of those problems are particular to the European Union and the United States; others, such as the financial crisis and the challenge of sustaining expansive health, welfare, and pension systems under increasingly difficult demographic and economic conditions, have manifested themselves on both sides of the Atlantic. And on both sides, citizens’ apprehensions have a profound constitutional dimension. American voters worry that their constitutional system is being eroded by partisan strife, intransigent interest groups, and irresponsible politics. Europe’s ever-closer union finds itself confronted with an existential crisis.
At the TLF conference, prominent experts from the United States and Europe will discuss a wide range of constitutional and institutional questions that will benefit from a candid, informed transatlantic dialogue and examination. The conference program that follows contains information on the conference schedule, panel topics, and speakers.
The conference, like several earlier TLF events, is co-sponsored by the Federalist Society. The TLF gratefully acknowledges the financial support of Bucerius Law School, American Friends of Bucerius, the Kirkland & Ellis Foundation, and an anonymous sponsor.
Moderator: Claus Tigges, Deutsche Bundesbank
Panelists: Kenneth Dam, University of Chicago Law School
Alex Pollock, American Enterprise Institute
Michael S. Greve, American Enterprise Institute
Moderator: Leonard Leo, The Federalist Society
Panelists: Robin Conrad, U.S. Chamber of Commerce
Moderator: Inka Hanefeld, Hanefeld Rechtsanwälte
Panelists: Robert R. Gasaway, Kirkland & Ellis
Saturday, October 29, 2011
Moderator: Michael S. Greve, American Enterprise Institute
Panelists: Christian Kirchner, Humboldt University
Panelists: Nicholas Eberstadt, American Enterprise Institute
Moderator: Martin Klingst, Die Zeit
Panelists: Rafael Bardaji, Atlantic Council (invited)
Moderator: Christian von Sydow, McDermott Will & Emery
Panelists: Alberto Mingardi, Istituto Bruno Leoni
François-Henri Briard is a commander in the French Navy (R) and partner at Delaporte, Briard and Trichet. As a member of France’s elite group of Supreme Court attorneys, he has twenty-five years of appellate experience and represents major clients before both the French and European supreme courts. Mr. Briard is the founder (with Justice Antonin Scalia) and president of the Vergennes Society and also chairs the Paris chapter of the Federalist Society. He has published and lectured extensively on the relationship between the European Union and the United States. Mr. Briard is a Knight of the Legion of Honor, an Officer of the National Merit, a Knight of the Academic Palms and a member of Honor of the Sons of the American Revolution.
Kenneth Dam is a senior lecturer and the Max Pam Professor Emeritus of American and Foreign Law at the University of Chicago, as well as a nonresident senior fellow at the Brookings Institution. He has served in a number of US government positions, including deputy secretary of the treasury (2001–2003), deputy secretary of state (1982–1985), executive director of the White House Council on Economic Policy (1973) and program assistant director of the Office of Management and Budget for national security and international affairs (1971–1973). He was a member of the International Monetary Fund (IMF) Committee on IMF Governance Reform, which made its report to the IMF managing director in March 2009 and is currently a member of the Shadow Financial Regulatory Committee. Mr. Dam has written at length on international economic subjects including, most recently, “The Rules of the Global Game: A New Look at U.S. International Economic Policymaking” (U. of Chicago Press, 2001) and “The Law-Growth Nexus: The Rule of Law and Economic Development” (Brookings Institution Press, 2006).
Nicholas Eberstadtis the Henry Wendt Scholar in Political Economy at AEI and a senior advisor to the National Bureau of Asian Research. He serves as a member of the World Economic Forum's Global Agenda Council and on the visiting committee for the Harvard School of Public Health. He was appointed commissioner to the Key National Indicators Commission in 2010. Mr. Eberstadt writes extensively about demography, development and international security. He has published hundreds of studies and articles in scholarly and popular journals, including Foreign Affairs, Atlantic Monthly, the New Republic, the New York Review of Books, Commentary, the Wall Street Journal, and the New York Times. He is the author or editor of about twenty books and monographs, including “Poverty in China” (International Development Institute, 1979), “Foreign Aid and American Purpose” (AEI Press, 1989), “The Tyranny of Numbers” (AEI Press, 1995), “The End of North Korea” (AEI Press, 1999), “Europe's Coming Demographic Challenge” (AEI Press, 2007, with Hans Groth), and “Russia’s Peacetime Demographic Crisis” (National Bureau of Asian Research, 2010). Mr. Eberstadt consults frequently for various branches of the US government and has served on several congressionally appointed committees and commissions. He has also testified as an invited expert before the Senate and the House of Representatives on issues ranging from aid for Africa to population control in China and the North Korean nuclear drama.
Robert R. Gasaway is a partner in Kirkland & Ellis LLP’s Washington, DC, office with broad experience in environmental, administrative, appellate and constitutional litigation. His constitutional law trial and appellate work has focused on significant cases involving separation of powers, equal protection, First Amendment, Commerce Clause, federalism and due process litigation and counseling. His administrative law and appellate regulatory work has focused on litigation and counseling on high-exposure issues involving state and federal administrative agencies, including the Environmental Protection Agency, the California Air Resources Board, the Food and Drug Administration and the Federal Energy Regulatory Commission. Mr. Gasaway’s publications include “The Problem of Tort Reform: Federalism and the Regulation of Lawyers” (Harvard Journal of Law & Public Policy, 2002), “The Problem Of Federal Preemption: Reformulating The Black Letter Rules” (Pepperdine Law Review, 2005) and “Implied Conflict Preemption: A Formal Approach,” in (“Federal Preemption: States’ Powers, National Interests,” AEI Press, 2007). He is a recognized expert on legal reform and constitutional law issues and frequent contributor to legal conferences.
Katja Gelinsky is the legal coordinator of the Konrad-Adenauer-Stiftung in Berlin. She works on promoting debates about legal and constitutional issues on the national and European level, with a special focus on the judiciary of the Bundesverfassungsgericht and the European courts. She has been a journalist focusing on judicial and policy issues for many years, mainly writing for the Frankfurter Allgemeine Zeitung (FAZ). For more than nine years she covered constitutional, legal, and political discussions in the United States for the FAZ.
C. Boyden Gray is the former US Ambassador to the European Union (2006–07) and former special envoy for Eurasian energy diplomacy (2008–09). He is currently a founding partner of Boyden Gray & Associates PLLC, a Washington, DC-based law firm. Mr. Gray also served as White House counsel in the administration of President George H. W. Bush (1989–93) and legal counsel to then-Vice President Bush (1981–89). He served as counsel to the Presidential Task Force on Regulatory Relief during the Reagan administration, and was a partner in the Wilmer, Cutler, Pickering, Hale and Dorr law firm in Washington (1969–81, 1993–2005). Mr. Gray was heavily involved in the creation of both the 1990 Clean Air Act Amendments and the Energy Policy Act of 1992, which aimed to decrease American dependence on foreign oil, protect our environment, introduce market incentives for environmental enforcement and promote economic growth. He is the recipient of the Presidential Citizens Medal and the Distinguished Alumnus Award from the University of North Carolina Law School. Mr. Gray clerked for Chief Justice Earl Warren and served in the United States Marine Corps.
Michael S. Greve is the John G. Searle Scholar at AEI. He cofounded and, from 1989 to 2000, directed the Center for Individual Rights, a public-interest law firm. He has written extensively on many aspects of the American legal system. His publications include numerous law-review articles and books, including “The Demise of Environmentalism in American Law” (AEI Press, 1996), “Real Federalism: Why It Matters, How It Could Happen” (AEI Press, 1999), and “Harm-Less Lawsuits? What’s Wrong with Consumer Class Actions” (AEI Press, 2005). He is the co-editor of “Competition Laws in Conflict: Antitrust Jurisdiction in the Global Economy” (AEI Press, 2004), “Federal Preemption: States’ Powers, National Interests” (AEI Press, 2007), and “Citizenship in America and Europe: Beyond the Nation-State?” (AEI Press, 2009). Mr. Greve also heads AEI’s Transatlantic Law Forum. His book “The Upside-Down Constitution” (Harvard University Press) will appear February 2012.
Inka Hanefeld is a partner at the law firm Hanefeld Rechtsanwälte, a dispute resolution boutique based in Hamburg, Germany. She worked for seven years in the dispute resolution department of a leading international law firm in Vienna, New York, Frankfurt and Hamburg before establishing her own private dispute resolution practice in 2005. She primarily acts as arbitrator and counsel in domestic and international arbitration proceedings in the fields of international trade, industrial plant and machine building and post-mergers and acquisitions. She is also a lecturer at the University of Hamburg for domestic and international arbitration law and will be a fellow lecturer at the New York University School of Law 2012.
W. Thomas Haynes is the executive director of the Coca-Cola Bottlers’ Association, a US-based trade association that represents and serves all of the licensed Coca-Cola bottlers in the United States. He previously served as general counsel of Coca-Cola North America and as a member of the executive leadership team for the Coca-Cola business in the Western Hemisphere. In addition to his Coca-Cola work, he serves in a variety of capacities with organizations committed to free markets and limited government, including as a member of the board of directors of the Competitive Enterprise Institute, the board of practitioners of the Federalist Society, and the board of advisors of the Transatlantic Law Forum. He previously served as the president of the Association Health Care Coalition and has testified before congressional committees on four separate occasions on the unique challenges posed by regulation of US health care insurance on efforts by private businesses to access affordable health care insurance alternatives.
Donald L. Horowitz is the James B. Duke Professor of Law and Political Science at Duke University. He is an award-winning author of seven books: “The Courts and Social Policy” (1977), “The Jurocracy” (1977), “Coup Theories and Officers’ Motives: Sri Lanka in Comparative Perspective” (1980), “Ethnic Groups in Conflict” (1985, 2000), “A Democratic South Africa? Constitutional Engineering in a Divided Society” (1991), “The Deadly Ethnic Riot” (2001), and “Indonesia's Path to Constitutional Democracy,” to be published in 2012. Mr. Horowitz has been a visiting professor at the University of Chicago Law School and the Central European University, as well as a visiting fellow at Wolfson College, Cambridge; the School of Law, University of Canterbury, New Zealand; and Universiti Kebangsaan Malaysia. In 2001, he was Centennial Professor at the London School of Economics, and he was a Carnegie Scholar in 2001–2002. In 2009, he was presented with the Distinguished Scholar Award of the Ethnicity, Nationalism, and Migration Section of the International Studies Association. Elected to the American Academy of Arts and Sciences in 1993, he served as president of the American Society for Political and Legal Philosophy from 2007 to 2010. Mr. Horowitz is currently a Jennings Randolph Senior Fellow at the US Institute of Peace and last year was a fellow of the Woodrow Wilson International Center for Scholars. He is writing a book about constitutional design, particularly for divided societies, a subject on which he has advised in a number of countries.
Wolfgang Ischinger is the global head of governmental affairs for Allianz SE and from 2001 to 2006 served as the German ambassador to the United States. Before his appointment as ambassador, Mr. Ischinger was state secretary, the highest civil service post in the German Foreign Office. In 2000–01, he served as a member of the high-level German-Russian Strategy Group created by Chancellor Schroder. Mr. Ischinger has also held numerous other offices in the German Foreign Service, which he joined in 1975 after serving on the staff of the Secretary General of the United Nations in New York. He has participated in a number of international negotiating processes, including the Bosnia Peace Talks at Dayton, Ohio, the negotiations concerning the NATO-Russia Founding Act and the negotiations on NATO enlargement and the Kosovo crisis. In addition to his work for Allianz SE, Mr. Ischinger is also currently chairman of the Munich Security Conference and an adjunct professor teaching international relations and diplomacy at the University of Tuebingen.
Manfred Jäger-Ambrozewicz is responsible for financial markets and monetary policy and head of the Market Versus Government research group at the Cologne Institute for Economic Research. He is also responsible for the institute’s IW DSGE macroeconomic model. His other current positions include managing director of price[it]GmbH, lecturer at the Martin-Luther-Universit¨at Halle-Wittenberg, lecturer at the European Business School and lecturer at the University of Cologne. Mr. Jäger-Ambrozewicz has written extensively on the interdependency of financial markets and the real economy, regulation of financial markets, monetary economics and risk management.
Endre Juhász has been a member of the European Court of Justice since 2004. Before his judicial appointment, he was a minister in the Hungarian government responsible for European affairs, and before that, Hungary’s ambassador to the European Union (1995–2003), where he acted as chief negotiator for Hungary from 1998 until the signing of the accession treaty in 2003. Earlier, he was state secretary at the Ministry of International Economic Relations and head of the Office of European Affairs, as well as state secretary and president of the Office of European Affairs at the Ministry of Industry and Trade. He was responsible for economic and commercial matters on diplomatic missions in Brussels (1974–75) and Washington, DC (1983–89).
Christian Kirchner has been a professor at Humboldt University in Berlin since 1993 and has had a joint position at the School of Law and the School of Business and Economics since 1999. This fall, he is a visiting professor at St. Gallen University. He has also been a visiting professor at the University of Haifa in Israel and at Tongji-University in Shanghai. Mr. Kirchner's specializations include corporate law, competition law, legal methodology, Japanese law, institutional economics, and economic theory of law. He has performed legal consultation in China and central and eastern Europe in various fields of private and business law.
Martin Klingst is the Washington, DC, bureau chief of the German weekly paper Die Zeit. In 2006, he was a fellow at the Center for European Studies at Harvard University, where he lectured on the German reform process, terrorism and civil rights, and Europe’s engagement in the Middle East. Before assuming his current position in 2007, Mr. Klingst worked as a journalist and senior political editor at Die Zeit, where he wrote on topics including Israel, Palestine and the political impact of high and constitutional courts.
Leonard Leo is the executive vice president of the Federalist Society for Law and Public Policy Studies, where he has worked to help build a national network of judges, lawyers and business leaders committed to applying US founding principles in today’s world. Mr. Leo serves as chairman of the US Commission on International Religious Freedom. He has also been a US Delegate to the UN Council and UN Commission on Human Rights, the Organization of Security and Cooperation in Europe and the World Health Assembly of the WHO. He is active in a number of Catholic organizations, and during the 2004 presidential election, he served as President George W. Bush’s Catholic strategist. He is the co-editor of “Presidential Leadership: Rating the Best and the Worst in the White House,” as well as the author of opinion editorials in the New York Times, Wall Street Journal and Washington Post, among other publications. In 2009, Mr. Leo, along with other founders and directors of the Federalist Society, received the Bradley Prize for his efforts in advancing freedom and the rule of law.
Jacob Mchangama is director of legal affairs at the Center for Political Studies, a think tank based in Copenhagen, where he focuses on advocacy and academic research in the fields of human rights and the rule of law. He is also an external lecturer in international human rights law at the University of Copenhagen. He has published numerous articles in academic journals as well as international newspapers such as Wall Street Journal Europe, Globe and Mail, National Review, Reason, The Australian, South China Morning Post, Jerusalem Post, Hürriet Daily News, Voice of Russia, China Post, and Daily News (Egypt). He is a frequent commentator for Danish TV and radio.
Alberto Mingardi is the director general of the Istituto Bruno Leoni, a free-market research institute that he co-founded in 2003. His writings have appeared in many national and international newspapers, and he is a frequent contributor to The Wall Street Journal. His latest book is an intellectual biography of Herbert Spencer (Continuum, 2011).
Kenneth Minogue is an emeritus professor of political science at the London School of Economics. He has written books on liberalism, nationalism, the idea of a university, the logic of ideology and more recently on democracy and the moral life. He has been a reviewer for many publications and has been a columnist for The Times (London), the Times Higher Education Supplement and other outlets. His most recent books are “Politics: A Very Short Introduction” and an edited volume, “Essays in Conservative Realism.” His latest book, published in July 2010, is “The Servile Mind: How Democracy Erodes The Moral Life.” In 1986, he presented a six-part television series about libertarian economics called “The New Enlightenment” on London’s Channel Four that was repeated in 1988. He was chairman of the Bruges Group (1991–1993) and is on the board of trustees of the think tank Civitas. In 2010, he became president of the Mont Pelerin Society.
Henry Olsen is vice president and director of the National Research Initiative (NRI) at AEI. He disseminates and publicizes AEI’s work to the academic community; works with AEI's visiting, adjunct, and NRI research fellows; commissions and supervises NRI projects; and oversees the production of NRI publications. Mr. Olsen previously served as vice president for programs at the Manhattan Institute and as a judicial clerk to Danny J. Boggs, the chief judge of the US Court of Appeals for the Sixth Circuit.
Ashley C. Parrish is a partner in the Washington, DC office of King & Spalding LLP. He focuses his practice on appellate litigation and administrative law; the preparation of high-risk cases for eventual appeal; and strategic, complex litigation. He has handled litigation matters across the United States, including significant matters before the US Supreme Court, almost all of the federal courts of appeals, and a variety of state appellate courts. He regularly advises clients in federal administrative law and practice, and has experience in a diverse range of substantive areas, including energy, health care, food and drug, environmental, products liability, telecommunications, labor, bankruptcy, and international trade. In addition to his involvement in appellate proceedings of all kinds, Mr. Parrish is an expert in legal reform and constitutional issues. He is the co-author of “Structural Constitutional Principles and Rights Reconciliation”, in “Citizenship in America and Europe: Beyond the Nation-State?” (AEI Press, 2009), and “Implied Conflict Preemption: A Formal Approach”, in “Federal Preemption: States’ Powers, National Interests” (AEI Press, 2007).
Alex J. Pollock has been a resident fellow at AEI since 2004, focusing on financial policy issues including financial cycles, government sponsored enterprises, housing finance, banking, retirement finance, corporate governance, and accounting standards. He has written and spoken extensively on the housing bubble, the financial crisis, and the ensuing political responses. Previously, he spent thirty-five years in banking, including serving as president and chief executive officer of the Federal Home Loan Bank of Chicago from 1991 to 2004. Mr. Pollock is the author of “Boom and Bust: Financial Cycles and Human Prosperity” (AEI Press, 2010). He is a director of CME Group and the Great Lakes Higher Education Corporation; a past-president of the International Union for Housing Finance; and chairman of the board of the Great Books Foundation.
Jeremy Rabkin is a professor of law at George Mason School of Law, where he teaches international law and American constitutional history. He is on the board of directors for the US Institute of Peace (a nonpartisan federal agency) and for the Center for Individual Rights (a private legal advocacy organization in Washington, DC). Before joining George Mason University in 2007, Mr. Rabkin was a professor in the Department of Government at Cornell University for many years. His most recent book is “Law Without Nations? Why Constitutional Sovereignty Requires Sovereign States” (Princeton University Press, 2007).
Krassen Stanchev is CEO of KC2 Ltd. and the board chairman and former executive director of the Institute for Market Economics – Bulgaria’s first independent economic think tank and one of the most respected public policy institutes in the emerging European democracies. Mr. Stanchev served as a member of Bulgarian Constitutional Parliament as the head of the Environment Committee (1990–91). He was awarded best individual country analyst by Euromoney in 1996. Over the last seven years, he has produced more than 150 articles and interviews in both local and foreign media on issues related to the Bulgarian and East European transition to democracy and a market economy. At KC2 he currently consults for the Parliament of Montenegro and works on matters of workforce competitiveness in Armenia.
Alastair Sutton practices European and international law in Brussels and London, where he is the principal of Sutton European Legal Services. Before establishing his own practice, he worked for twenty years as a partner at Forrester Norall & Sutton and White & Case. Mr. Sutton also spent six years teaching international and European law at University College London and was an official in the European Commission, where he worked as a trade negotiator (notably on multilateral trade policy in the General Agreement on Tariffs and Trade), a diplomat in the commission’s delegation in Japan, legal and external affairs advisor to the commission’s vice president for the single market, and a senior official in the financial services department. Mr. Sutton litigates before the European courts and advises companies and governments from around the world on a wide range of European Union (EU) law and policy issues. His current practice covers internal and external EU law, including financial services, competition, state aids, the Economic and Monetary Union, economic crime and taxation. He has published widely on European and international law and is a visiting professor at the Europa Institute in Edinburgh, at Kings College London and at the Jersey Law Institute. In 2011, Mr. Sutton was appointed by the European Commission as a senior expert on regional integration and internal market affairs, with special responsibilities for relations between the EU and the African Union.
Christian von Sydow is a partner in the law firm of McDermott Will & Emery LLP, based in its Munich office. He is a member of the corporate department, where his practice focuses on capital markets, mergers and acquisitions, private equity, restructuring and corporate dispute resolution. He has advised an extensive variety of foreign and German strategic and financial investors on many issues, including mergers and acquisitions activities within Germany and the formation of several international joint ventures. Mr. Von Sydow has also provided legal counsel on restructurings and acquisitions in distressed situations and advised clients on corporate dispute resolutions. He is a member of the International Bar Association as well as member of the Supervisory Board of Softline AG. He chairs the Bavarian regional committee of the American Chamber of Commerce.
Vito Tanzi is a former professor and chairman of the Economics Department at American University. He also was head of the Tax Policy Division and later as director of the Fiscal Affairs Department at the International Monetary Fund. From 1990 to 1994 he was president of the International Institute of Public Finance. Since 2000, he has been a senior associate at the Carnegie Endowment for International Peace, state secretary for economy and finance in the Italian government, and a senior consultant to the Inter-American Development Bank. Mr. Tanzi’s latest book, “Government Versus Markets,” (Cambridge University Press) was published earlier this year. An economic effect (the Tanzi effect) is named after him.
Fabrizio Tassinari is a senior researcher and head of unit for foreign policy and European Union (EU) studies at the Danish Institute for International Studies. He is also a nonresident fellow at the Center for Transatlantic Relations of the Johns Hopkins School of Advanced International Studies in Washington, DC. Mr. Tassinari’s previous experience includes serving as an assistant professor of political science at the University of Copenhagen, as an associate fellow at the Centre for European Policy Studies in Brussels and as a researcher in an EU Commission’s network managed by Humboldt University. His research, which generally focuses on European security and integration with a particular reference to the politics and political economy of wider Europe, has been featured in international media, including The Economist, the Financial Times, and BBC World, as well as various academic and policy journals. He published his first book, “Why Europe Fears Its Neighbors,” in 2009.
Claus Tigges is president of Deutsche Bundesbank’s Berlin Regional Office. Previously, he was the Washington, DC, correspondent of the Frankfurter Allgemeine Zeitung (FAZ) for finance and economics. Mr. Tigges began working as an economics journalist for FAZ in 1996, mainly covering global foreign exchange markets. Later, his focus became monetary policy, in particular the creation of the European Central Bank and the launch of the euro. Until 2009, he was FAZ’s economics correspondent for the United States and Canada, writing on US fiscal policies, as well as on the Federal Reserve, the International Monetary Fund and the World Bank. Mr. Tigges has also given several brief guest lectures on the euro at Harvard University’s Summer School.
Michael Wohlgemuth is an economist and managing research associate at the Walter Eucken Institut, Freiburg. He is also a research associate at the Center for European Studies in Brussels, rapporteur of the European Governance working group within the European People’s Party-European Democrats’ European Ideas Network, and member of the Council on Economic Governance (Ordnungspolitischer Beirat) of the Konrad-Adenauer-Stiftung in Berlin. Mr. Wohlgemuth has been a lecturer at the Universities of Freiburg, Erfurt, Friedrichshafen and Witten/Herdecke; research fellow at the Max-Planck-Institute for Economics in Jena; affiliate assistant professor at George Mason University and New York University; and Friedrich August von Hayek Professor at the University of Innsbruck. His main research areas and publications are in the fields of new institutional economics, Austrian economics, public choice theory and the history of ideas. In 2010, Mr. Wohlgemuth was the first recipient of the Ordo award. He is also a member of the Mont Pèlerin Society, the International Joseph Schumpeter Society, the European Public Choice Society and the Hayek-Gesellschaft.
Michael Zöller is professor of political sociology at Bayreuth University and president of the Council on Public Policy. He worked at a broadcasting station and then a national newspaper before pursuing his academic career. He has been a visiting professor or visiting scholar at the University of Notre Dame, the University of Chicago, the Hoover Institution, Catholic University of America, the International Center of Economic Research in Torino, Italy, and the Woodrow Wilson Center in Washington, DC. At the University of Erfurt (in former East Germany), he was the founding director of the Max Weber Kolleg and currently is vice president on the board of the Mont Pèlerin Society.