Return to Missouri v. Holland

A Symposium on Federalism & International Law

Missouri Law Review

Symposium 2008

February 15-16, 2008

Presenters


Robert B. Ahdieh

Robert B. Ahdieh
Professor of Law
Emory University School of Law and
Princeton University Program in Law and Public Affairs

A graduate of Princeton University's Woodrow Wilson School of Public and International Affairs and Yale Law School, Professor Ahdieh served as law clerk to Judge James R. Browning of the U.S. Court of Appeals for the Ninth Circuit, before his selection for the Honor's Program in the Civil Division of the U.S. Department of Justice. While still in law school, Professor Ahdieh published what remains one of the seminal treatments of the constitutional transformation of post-Soviet Russia: Russia's Constitutional Revolution - Legal Consciousness and the Transition to Democracy. Ahdieh's work has also appeared in the Michigan Law Review, the NYU Law Review, the Southern California Law Review, and the Emory Law Journal, among other journals.

Professor Ahdieh's scholarly interests revolve around questions of regulatory design. His particular emphasis has been various non-traditional modes of regulation, including especially those grounded in dynamics of coordination. Paradigms of coordination, though relatively less attended to in the legal literature, hold significant promise both in helping us to theorize existing regulatory patterns and in fostering new regulatory constructs. Professor Ahdieh has explored these issues in a variety of transactional areas, including corporate and securities law, international trade and finance, and contracts. Within these, Ahdieh’s work has emphasized two particular patterns of coordination: The first – intersystemic governance – draws on domestic regimes of federalism and transnational regimes of global governance and subsidiarity, to highlight patterns of jurisdictional overlap that, in their very complexity, may offer significant benefits. The second – patterns Professor Ahdieh places under a rubric of ‘The New Regulation’ – draws more directly on coordination game dynamics, to highlight various non-traditional regulatory forms, as well distinct occasions for potential regulatory intervention.

During the 2007-2008 academic year, Professor Ahdieh is a Visiting Professor and the Microsoft/LAPA Fellow at Princeton University's Program in Law and Public Affairs. Professor Ahdieh's courses include Contracts, Comparative Law, International Trade Law, Corporate Federalism, and Emerging Markets Law.


Paul Schiff Berman

Paul Schiff Berman
Jesse Root Professor of Law
University of Connecticut School of Law

Professor Berman teaches courses in Cyberspace Law, Conflict of Laws, Civil Procedure, and Copyright Law as well as an inter-disciplinary seminar called Law, Culture, and Community and a course on Federal Courts and the Appellate Process. He is a 1988 graduate of Princeton University, where he majored in Anthropology, and he received his law degree from New York University School of Law in 1995. Prior to entering academia, he served as a law clerk first to Chief Judge Harry T. Edwards of the U.S. Court of Appeals for the D.C. Circuit and then to Justice Ruth Bader Ginsburg of the United States Supreme Court. Professor Berman's scholarly writing focuses on the intersection of cyberspace law, international law, civil procedure, and the cultural analysis of law.


David M. Golove

David M. Golove
Hiller Family Foundation Professor of Law
New York University School of Law

Professor David M. Golove has secured a reputation as one of the most original and promising scholars in constitutional law. In a recent book-length article for the Michigan Law Review, "Treaty-Making and the Nation: The Historical Foundations of the Nationalist Conception of the Treaty Power," Golove comprehensively considers a question of constitutional law that has been controversial from the moment of the nation's birth in 1776 and remains so today. Can the United States government, through its power to make treaties, effectively regulate subjects that would otherwise be beyond the reach of Congress's enumerated legislative powers? For example, a treaty prohibiting the death penalty? He answers yes, and in doing so has produced both a major work of legal historical scholarship and an important legal and constitutional defense of federal power.

In 1995, an article by Golove in the Harvard Law Review dealt with another fundamental issue in foreign relations law: the undeniable fact that many international accords today are approved not through the treaty processes mandated in the U.S. Constitution, but by majority votes of both houses. In a more recent article published in the NYU Law Review, Golove challenges the distinguished constitutional scholar Laurence Tribe, in a debate over the interpretation of the Treaty Clause which Golove defended in his Harvard Law Review article. In 1999, Golove published a piece in the University of Colorado Law Review supporting the President's authority to order military operations to implement a United Nations Security Council Resolution without authorization by Congress.

Golove received his B.A. from Berkeley in 1979 and has law degrees from Boalt Hall and Yale. He teaches Constitutional Law and International Law. Professor Golove is a member of the faculty Executive Committee of the NYU Institute for International Law and Justice and Director of the J.D.-LL.M. program in international law.


Duncan B. Hollis

Duncan B. Hollis
Associate Professor of Law
Temple University Beasley School of Law

Professor Duncan B. Hollis's scholarship focuses on issues of positivism and authority in international and foreign affairs law—asking who is it that exercises authority in the formation, interpretation and application of international law, and who is it that has the authority to apply such law to, or for, national actors. Hollis uses treaties as the focal point for this research, examining the status of treaties, and treaty-makers, from international, comparative and constitutional perspectives. He is the co-editor and co-author of the book National Treaty Law & Practice (ASIL & Martinus Nijhoff, 2005), which examines how various nation states incorporate rules concerning the negotiation, conclusion and implementation of treaties into their national laws. His scholarship has appeared in the Southern California Law Review, American Journal of International Law, Lewis & Clark Law Review and Berkeley Journal of International Law. Professor Hollis is also a regular contributor to the premier international law blog, Opinio Juris.

Professor Hollis received an A.B., summa cum laude, from Bowdoin College. In 1996, he completed a joint-degree program, receiving a Masters in International Law and Diplomacy from the Fletcher School at Tufts University and a Juris Doctorate, summa cum laude, from Boston College Law School. At Boston College, he was an Executive Editor of the Law Review and received the James W. Smith Award for Highest Academic Rank. Following graduation, Professor Hollis worked for the International Department of Steptoe & Johnson LLP.

In 1998, Professor Hollis joined the Office of the Legal Adviser at the U.S. Department of State, where he worked until joining the Temple faculty in 2004. During his tenure at the State Department, Professor Hollis served for several years as the attorney-adviser for treaty affairs, working on various legal and constitutional issues associated with the negotiation, conclusion and implementation of U.S. treaties. Later, Professor Hollis acted as legal counsel for the Department's Bureau of Oceans, International Environmental and Scientific Affairs, specializing in U.S.-Canada environmental issues and U.S. participation in multilateral environmental agreements. Professor Hollis's practice has also included international litigation before the International Court of Justice. In particular, he served as Counsel to the United States in the provisional measures phase of the Case Concerning Avena and Other Mexican Nationals (Mexico v. United States) and contributed to the U.S. presentation in the Oil Platforms Case (Iran v. United States).


Julian Ku

Julian Ku
Associate Professor of Law
Hofstra University School of Law

Professor 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. Professor 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. Professor Ku has also been a visiting professor at the College of William and Mary, Marshall-Wythe School of Law in Williamsburg, Virginia.


Janet Koven Levit

Janet Koven Levit
Interim Dean and Professor of Law
University of Tulsa College of Law

Professor Janet K. Levit earned her J.D. in 1994 from the Yale Law School, where she was book reviews and articles editor of the Yale Journal of International Law. She earned a M.A. in International Relations in 1994 from Yale University and an A.B., magna cum laude, in 1990 from the Woodrow Wilson School of Public and International Affairs at Princeton University (with a concentration in Latin American Studies). She served as law clerk for Stephanie K. Seymour, Chief Judge of the U.S. Court of Appeals for the Tenth Circuit, and for the Chair of the Inter-American Commission on Human Rights of the Organization of American States. She has argued cases before the before the Inter-American Court of Human Rights, as well as the Tenth Circuit.

Professor Levit practiced in the international trade and finance areas at the Export-Import Bank of the United States, as well as in the private sector. She has also completed internships at the U.S. Embassy in Brazil and the Federal Reserve Bank of New York. Professor Levit writes about international finance and international human rights issues and published her most recent articles in the Emory Law Journal, Yale Journal of International Law, Harvard International Law Journal, and the Columbia Journal of Transnational Law.

Her teaching interests include international law, international commercial law, international human rights, contracts and administrative law. Professor Levit was director of the College of Law's inaugural Summer Institute in International Law in Buenos Aires, Argentina and was a visiting professor at Vanderbilt Law School during the spring 2007 term. In October 2007, the President of the University of Tulsa appointed Professor Levit as Interim Dean of the College of Law.


Margaret E. McGuinness

Margaret E. McGuinness
Associate Professor of Law
University of Missouri School of Law

Professor McGuinness joined the faculty in 2003 after practicing law in the litigation department of Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York. While at law school, Professor McGuinness was an articles editor for the Stanford Law Review and a graduate fellow at the Stanford Center on Conflict and Negotiation. Following law school, she clerked for Judge Colleen McMahon, of the U.S. Southern District of New York. Prior to law school, Professor McGuinness was a Foreign Service Officer with the State Department. She was a Special Assistant to Secretary of State Warren Christopher from 1993-1994.

Professor McGuinness teaches international law, international human rights, international business transactions, foreign affairs and the constitution, and federal courts. She has published in the area of mediation in armed conflict, the status of refugees in conflict zones, and the role of the UN in war. Professor McGuinness is a co-founder of, and contributor to, Opinio Juris, a weblog dedicated to reports, commentary, and debate on current developments and scholarship in the fields of international law and politics.


Michael D. Ramsey

Michael D. Ramsey
Professor of Law
University of San Diego School of Law

Professor Michael D. Ramsey served as senior articles editor of the Stanford Journal of International Law. He clerked for the U.S. Court of Appeals for the Ninth Circuit and then for Justice Antonin Scalia of the U.S. Supreme Court. He practiced law with Latham & Watkins in San Diego before joining the faculty in 1995. Ramsey teaches constitutional law, international business transactions and foreign relations law. His publications include “Textualism and War Powers,” University of Chicago Law Review; “The Executive Power over Foreign Affairs,” Yale Law Journal (with Professor Saikrishna Prakash); and “The Myth of Extraconstitutional Foreign Affairs Power,” William & Mary Law Review. Ramsey is the recipient of the 1998 Thorsnes Prize for Excellence in Teaching and the 2002 Thorsnes Prize for Outstanding Scholarship.


Judith Resnik

Judith Resnik
Arthur Liman Professor of Law
Yale Law School

Judith Resnik is the Arthur Liman Professor of Law at Yale Law School, where she teaches courses on federalism, on equality, citizenship and sovereignty, on procedure and courts, and on feminism and gender. She has taught at the University of Southern California and visited at NYU, Harvard, Chicago, and the University of Toronto Law Schools. She graduated from Bryn Mawr College and NYU Law School where she was an Arthur Garfield Hays Fellow. She has also been a Parsons Fellow at the University of Sydney and served as a faculty member at the Salzburg Seminar.

Professor Resnik's essays include Law’s Migration: American Exceptionalism, Silent Dialogues, and Federalism’s Multiple Ports of Entry, 115 Yale Law Journal 1564 (2006); Judicial Selection and Democratic Theory: Demand, Supply, and Life Tenure, 26 Cardozo Law Review 597 (2005); Adding Insult to Injury: Questioning the Role of Dignity in Conceptions of Sovereignty, 55 Stanford Law Review 1921 (2003); Categorical Federalism: Jurisdiction, Gender and the Globe, 111 Yale Law Journal 619 (2001); and Trial as Error, Jurisdiction as Injury: Transforming the Meaning of Article III, 113 Harvard Law Review 924 (2000). She is currently (with Dennis E. Curtis) working on the book, Representing Justice: From Renaissance Iconography to Twenty-First Century Courthouses. A lecture, based on that book, is now published at 151 Proceedings of the American Philosophical Society 139 (2007).

Professor Resnik has chaired the Sections on Procedure, on Federal Courts, and on Women in Legal Education of the American Association of Law Schools. She is a Managerial Trustee of the International Association of Women Judges and the founding director of the Arthur Liman Public Interest Program and Fund, providing fellowships to Yale Law School graduates and summer stipends to undergraduates at several colleges. She has testified before congressional and judicial committees and before a standing committee of the Canadian House of Commons of Canada about the judicial appointments process. She is also an occasional litigation and court-appointed expert. She argued in the United States Supreme Court the case about the Rotary Club's exclusion of women from its membership. At Yale, she is also the Founding Director of the Arthur Liman Public Interest Program and Fund, chairs the selection committee for Liman Fellows, and is the co-chair of Yale's Women Faculty Forum.

In 2001, Professor Resnik was elected a fellow of American Academy of Arts and Sciences, and in 2002, a member of the American Philosophical Society. She is also a recipient of the Margaret Brent Award from the American Bar Association's Commission on Women, and is a member of the American Bar Association Standing Committee on Federal Judicial Improvements.


Nicholas Quinn Rosenkranz

Nicholas Quinn Rosenkranz
Associate Professor of Law
Georgetown University Law Center

Nicholas Quinn Rosenkranz graduated from Yale College and Yale Law School. After law school, he clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He then served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). Rosenkranz began his scholarly career by publishing his first two articles in the Harvard Law Review: Federal Rules of Statutory Interpretation, 115 Harv. L. Rev. 2085 (2002), and Executing the Treaty Power, 118 Harv. L. Rev. 1867 (2005). And he has recently published his third piece, this time in the Stanford Law Review: Condorcet and the Constitution: A Response to The Law of Other States, 59 Stan. L. Rev. 1281 (2007). He has also testified as an expert before the Senate Judiciary Committee, the House Judiciary Committee, and the House Judiciary Subcommittee on the Constitution.

His research interests include constitutional law, foreign affairs law, international law, federal jurisdiction, and statutory interpretation. He is a member of the New York Bar and the U.S. Supreme Court Bar, an Associate Fellow of Pierson College at Yale University, and a member of the Council on Foreign Relations. He serves on Rudy Giuliani's Justice Advisory Committee. He also serves on the national Board of Visitors of the Federalist Society, and as the faculty advisor to the Georgetown Chapter.


Ilya Somin

Ilya Somin
Assistant Professor of Law
George Mason University School of Law

Ilya Somin is an Assistant Professor at George Mason University School of Law. His research focuses on constitutional law, property law, and the study of popular political participation and its implications for constitutional democracy. His work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. He currently serves as Co-Editor of the Supreme Court Economic Review. He has also published pieces in a variety of nonacademic journals, including the Los Angeles Times, Wall Street Journal OpinionJournal.com, Newark Star Ledger, South China Morning Post, Legal Times, National Law Journal and Reason. He has been a visiting professor at the University of Hamburg, Germany, and the University of Torcuato Di Tella in Buenos Aires, Argentina.

Before joining the faculty at George Mason, Professor Somin previously served as the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School. He will soon complete his Ph.D. at Harvard.


Peter J. Spiro

Peter J. Spiro
Charles R. Weiner Professor of Law
Temple University Beasley School of Law

Peter J. Spiro joined the Temple Law School faculty in Fall 2006 as the inaugural holder of Charles R. Weiner Professorship in international law. Before coming to Temple, Professor Spiro was the Rusk Professor of Law at the University of Georgia Law School, where he also served as Associate Dean for Faculty Development. A former law clerk to Justice David H. Souter of the U.S. Supreme Court, Spiro specializes in international law, the constitutional aspects of U.S. foreign relations, and immigration and nationality law. Spiro's book, Beyond Citizenship: American Identity After Globalization, will be published by Oxford University Press in December 2007.

In 2003, Professor Spiro was ranked in the top 20 nationally in a survey of academic citation frequency among junior legal scholars. He has contributed commentary to such publications as Foreign Affairs, The Wall Street Journal, and The New Republic. He also writes for the leading international law blog, Opinio Juris His recent publications can be accessed through his publications page In 1993-94, he served as a Council on Foreign Relations International Affairs Fellow, during which he studied the growing role of NGOs in international decision-making. Spiro was awarded an Open Society Institute/Soros Foundation fellowship to study the law of American citizenship in 1997-98.

He served as a visiting professor at the University of Texas Law School in the spring of 2001, and was a professor of law and Associate Dean for Faculty Development at Hofstra University Law School, 1994-2004. Spiro is a frequent speaker in academic and policy forums on dual citizenship, the interaction of federal states with the international system and the role of non-governmental organizations in international institutions. In addition to his 1990-91 Supreme Court clerkship, Spiro served as a law clerk Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit. He has also served as director for democracy on the staff of the National Security Council, as an attorney-adviser in the U.S. Department of State's Office of the Legal Adviser and as a resident associate at the Carnegie Endowment for International Peace. Spiro holds a B.A. from Harvard College and his J.D. from the University of Virginia School of Law.


Paul B. Stephan

Paul B. Stephan
Professor of Law
University of Virginia School of Law

An expert on international business and Soviet and post-Soviet legal systems, Paul Stephan has advised governments and international organizations, organized conferences, edited books, and lectured to professionals, university groups, and high school students on a variety of issues raised by the globalization of the world economy and the transition away from Soviet-style socialism. Other interests for Stephan, who joined the Law School faculty in 1979, include international law, taxation, and constitutional law.

In law school, Stephan was executive editor of the Virginia Law Review and a member of the Order of the Coif. During the two-year period between his graduation and return as a professor, he clerked for Judge Levin Campbell of the U.S. Court of Appeals for the First Circuit and for U.S. Supreme Court Justice Lewis F. Powell Jr. He spent the winter and spring of 1998 as a guest professor at the University of Vienna, the summers of 2000 and 2005 as a guest professor at Münster University, the fall of 2001 as a guest professor at Lausanne University, the summers of 2002, 2004, and 2006 as a visiting lecturer at Melbourne University, and the fall of 2004 as a guest professor on the law faculty of University of Pantheon-Assas, Paris, and at Sciences Po.

Since the collapse of the Soviet Union, Stephan has worked on a variety of projects involving law reform in former socialist states. He has worked in Russia, Georgia, Ukraine, Albania, and Slovakia on behalf of the U.S. Treasury and in Kazakhstan and Azerbaijan on behalf of the International Monetary Fund. He also has organized training programs for tax administrators and judges from all of the formerly socialist countries under the auspices of the Organization for Economic Cooperation and Development. His casebook on international business is used at law schools both in the United States and abroad.

He has written extensively on international law, corruption, and the history of the Cold War. Most recently, he is the co-author, with Robert Scott, of The Limits of Leviathan: Contract Theory and the Enforcement of International Law (Cambridge University Press, 2006). His current research interests include books on the political economy of international lawmaking and on the collapse of communism.


David P. Stewart

David P. Stewart
Assistant Legal Adviser for Private International Law
U.S. State Department, Office of the Legal Advisor

David Stewart is the Assistant Legal Adviser for Private International Law at the U. S. Department of State. Previously he was the Assistant Legal Adviser for Diplomatic Law and Litigation, prior to that he was the Assistant Legal Advisor for Human Rights and Refugees, and prior to that he was the Assistant Legal Advisor for Law Enforcement and Intelligence at the U.S. Department of State. Before joining the government, he was in private practice with Donovan Leisure in commercial and antitrust litigation. He is the co-editor of the multi-volume Digest of U.S. Practice in International Law.He earned his BA from Princeton, his MA and JD from Yale and his LL.M. from New York University.


Edward T. Swaine

Edward T. Swaine
Associate Professor of Law
The George Washington Law School

Before joining the GW faculty in 2006, Professor Swaine was an associate professor of legal studies and business ethics at the Wharton School and had a secondary appointment as an associate professor at the University of Pennsylvania Law School. During a 2005-2006 leave from Penn he served as the Counselor on International Law at the U.S. Department of State. After graduating from law school, where he was the editor-in-chief of the Yale Law Journal, he clerked for the late Judge Alvin B. Rubin of the U.S. Court of Appeals for the Fifth Circuit, was a member of the civil appellate staff at the U.S. Department of Justice, and practiced law at the Brussels office of Cleary, Gottlieb, Steen and Hamilton, where his work focused on European Community law and antitrust.

His research interests include public international law, foreign relations law, and international antitrust, and he has published work in the American Journal of International Law, Columbia Law Review, Duke Law Journal, Harvard International Law Journal, Stanford Law Review, University of Pennsylvania Law Review, Virginia Journal of International Law, William and Mary Law Review, and Yale Journal of International Law, among others. He has consulted on matters involving treaty law, antitrust, intellectual property, and international litigation and arbitration.


Carlos Manuel Vazques

Carlos Manuel Vazquez
Professor of Law
Georgetown University Law Center

After graduating from law school, where he was Articles and Book Reviews Editor of the Columbia Law Review, Professor Vazquez served as a law clerk to the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. He then practiced law with Covington and Burling in Washington, DC, before joining the law school faculty as a visiting professor of law in 1990, and then as an associate professor in 1991. From 2000 to 2003, he was the United States member of the Inter-American Juridical Committee, the organ of the Organization of American States responsible for juridical matters and for promoting the progressive development and codification of international law in the Americas. Professor Vazquez has written and taught primarily in the areas of international law, constitutional law, and federal courts.