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Missouri v. Holland Symposium
February 15-16, 2008
In the 1920 case Missouri v. Holland, Justice Oliver Wendell Holmes famously declared, "We must consider what this country has become in considering what [the Tenth] Amendment has reserved." The Supreme Court upheld the federal government's ability to regulate, through exercise of the Treaty Power, activity that otherwise would be reserved to the states. During the era when the Court adopted an expansive view of Congress' ability to regulate through the Commerce Clause, the import of Missouri v. Holland receded. But as the Court has increasingly cabined the scope of the Commerce Clause, and in a world where everything from the death penalty, to greenhouse gas emissions, to access to medical care has become the subject of multilateral treaty regimes, the ability of the federal government to invoke the Treaty Power in regulating the states is once again central to discussions of federalism in the United States.
This gathering of scholars will reexamine Missouri v. Holland and explore the intersection of federalism and international law from a variety of perspectives. The papers and commentary will address, among other topics, the following: Has increased global regulation altered the relationship between the states and the federal government in such a way as to require a fundamental reconsideration of Missouri v. Holland? Given the range of regulation now delegated to international organizations and courts, does federalism provide any limitations on the federal government's foreign affairs powers? In a system of dual sovereignty, what are the limitations on state participation in international law making in areas such as the environment and human rights? What are the implications of multiple layers of governance for the development of domestic and international law?
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A Festschrift in honor of Dale A. Whitman
April 13-14, 2007
In his long and distinguished career as a scholar, teacher, colleague, dean, AALS president and reporter for the Restatement of Property (Third) - Mortgages, Dale A. Whitman has made immeasurable contributions to law teaching, the legal profession and law reform. Please join the University of Missouri - Columbia School of Law, and these distinguished property scholars, in celebrating Professor Whitman's contributions through this conference exploring current topics in the law of property and real estate finance.
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Interdisciplinary Perspectives on Bankruptcy Reform
February 24-25, 2006
On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the most sweeping bankruptcy reform legislation to be passed by Congress in over a quarter of a century. This legislation has become the subject of contentious debate among academics, bankruptcy judges, and practitioners. Some argue that this reform legislation threatens to undermine the bankruptcy system itself. This symposium examines bankruptcy reform by gathering experts from various fields, including law, psychology, and the judiciary. Addressing topics ranging from the role of race in bankruptcy reform, to using social science research to test the assumptions underlying bankruptcy reform, to the impact of means testing on the bankruptcy system, the goal of this symposium is to afford greater insight into the future of bankruptcy.
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Full text articles from Missouri Law Review
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Reflections on Judging: A Discussion Following the Release of the Blackmun Papers
February 25-26, 2005
This symposium examines the role of judges in our constitutional order and the factors that influence judicial decision-making by gathering experts in various fields, including law, political science, psychology and journalism, as well as members of the judiciary. Discussing topics ranging from Justice Blackmun's legal legacy, to the public's perception of the courts, to the role of politics, judgment and psychology in judicial decisionmaking, the symposium hopes to provide greater insight into the act of judging.
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Full text articles from Missouri Law Review
Video available from C-SPAN.org
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Fear and Risk in Times of Democratic Crisis
February 20-21, 2004
The events of September 11, 2001, and the recent war with Iraq have sparked renewed interest in questions pertaining to decision-making in times of crisis, including issues such as the balance between security and liberty, executive authority and separation of powers, increased government secrecy and public health responses. Much of this renewed debate focuses on constitutional and democratic theory and doctrine without examining broader influences on the creation and application of those theories and doctrines. Specifically there has been minimal discussion of the effects of fear and risk perception on law in times of democratic or constitutional crisis. This symposium will bring together interdisciplinary perspectives from specialists in the fields of history, political science, psychology, and law and will explore social science perspectives on law during constitutional or democratic crises and engage in historical analyses of various crises or judicial responses to crises.
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Full text articles from Missouri Law Review
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