Georgia Law alum co-authors commentary on US surveillance law

Gary Ashcroft, who earned his J.D. degree cum laude from the University of Georgia School of Law just last year, has co-authored “Why Electronic Surveillance Reform is Necessary,” a commentary at Lawfare, a leading national security blog.

The post, which is drawn from a longer version here, argues for reform of the FISA (Foreign Intelligence Surveillance Act) Amendments Act of 2008, commonly known as Section 702, and relied upon by the country’s intelligence community, or “IC.” It concludes:

“Section 702 is a valuable intelligence tool that exhibits some significant deficiencies in its protections for U.S. persons in a law enforcement context and for U.S. competitive interests abroad. Policymakers should craft reforms that guard against the misuse of Section 702 by law enforcement and redefine the relationship between the IC and tech companies. As they do so, policymakers can ensure that Section 702 continues to fulfill its vital national security functions while also respecting the civil liberties and corporate interests of U.S. persons and companies. “

Ashcroft (above left) is a Fellow for National Security at Third Way, a centrist thinktank in Washington, D.C. While a law student, he served as Research Assistant to Professor Harlan G. Cohen, served as Director of Legislative Research for State Rep. Spencer Frye, interned at the ACLU of Georgia, and was a Google Policy Fellow, working on cyber issues, at D.C.’s American Enterprise Institute. Ashcroft wrote the Lawfare commentary with Mieke Eoyang, Vice President for Third Way’s National Security Program.

Georgia Law hosts Hendrix Lecture by arbitration expert, Geneva Professor Gabrielle Kaufmann-Kohler

The University of Georgia School of Law Dean Rusk International Law Center is honored to host the second annual Hendrix Lecture of the Atlanta International Arbitration Society at 6 p.m. Monday, March 27, 2017, at its Atlanta campus, 3475 Lenox Road N.E.

Delivering the lecture will be Gabrielle Kaufmann-Kohler (left), a Professor of Law at the Geneva University Law School in Switzerland. Known worldwide for her expertise in international arbitration, she has:

► Acted in over 200 international arbitrations, mainly as an arbitrator; and

► Appeared on numerous institutional arbitration panels, including those of the International Chamber of Commerce, International Centre for Settlement of Investment Disputes, American Arbitration Association, London Court of International Arbitration, Singapore International Arbitration Centre, and the China International Economic and Trade Arbitration Commission.

A partner at the Geneva law firm Lévy Kaufmann-Kohler, she formerly practiced law at Schellenberg Wittmer and Baker & McKenzie. She is a member of the Bars of Geneva and New York and of the American Arbitration Association, and  is the Honorary President of the Swiss Arbitration Association.

The Hendrix Lecture is named for Glenn P. Hendrix (right), a partner in the Atlanta office of Arnall Golden Gregory LLP and a founder of the Atlanta International Arbitration Society, also known as AtlAS. Georgia Law is among the founding member organizations of the Society, a non-profit organization that seeks to grow the international arbitration community in the southeastern United States.

This year’s Hendrix Lecture is jointly presented by AtlAS and the Dean Rusk International Law Center, and is part of the law school’s Georgia Women in Law Lead (Georgia WILL) initiative. It is cosponsored by Georgia Law’s Women Law Students Association and its International Law Society. Cooperating entities include the Atlanta Center for International Arbitration and Mediation, the Washington, D.C.-based American Society of International Law, JAMS, the Vienna International Arbitration Centre in Austria, and the International Institute for Conflict Prevention and Resolution in New York City.

Registration, snacks, and drinks will begin at 6:00 p.m., and the lecture will begin at 6:30. There will be a reception to follow. A few seats still remain; please register and join us!

“We have come a long way baby!” participant Işıl Aral on recent IntLawGrrls conference at Georgia Law

Having recently hosted IntLawGrrls! 10th Birthday Conference, a 2-day gathering of nearly a hundred academics and advocates from around the world, it is our great pleasure to cross-post this dispatch on the conference by one of the presenters, Işıl Aral (right), who is undertaking Ph.D. studies in unconstitutional changes of government and international legal theory at the University of Manchester, England. The post and video 1st appeared at the website of the Manchester-based Women in International Law Network, of which Işıl is a co-founder. She writes:

IntLawGrrls celebrated its 10th year anniversary on the 3rd of March 2017 with a Conference at the University of Georgia. The Conference opened on the 2nd of March with the screening of Sundance-selected documentary 500 Years directed by Pamela Yates, shedding light on the resistance of Mayan people against the violent and repressive military measures of the Guatemalan government in recent history. The next day, all participants gathered at the Dean Rusk International Law Center at the University of Georgia. With more than 60 presentations, the Conference offered a great range of subject diversity and women took the floor to have their say on almost every subject of international law. This diversity was equally valid for the participants, who had travelled from all around world including from Japan, Australia, Denmark, Kosovo, North and South America.

As a PhD student, it was a truly inspiring experience to be surrounded by so many accomplished women and to meet other young lawyers and academics. The balance of each panel was carefully constructed to mix early career and senior academics. I had the privilege of sharing the panel with distinguished professors and senior scholars, and to receive constructive feedback on my paper. Each panel enabled deep discussions and was a great opportunity to exchange ideas for all. The lunchtime panel was opened with the remarks of IntLawGrrls’ founder Diane Marie Amann and, as can be seen in the video, she explained the creation of the Blog and how she launched it by accident!

It was also a great pleasure to listen to the plenary session where Beth Van Schaack, Mary Dudziak, Catherine Powell, Lucinda Low, Jaya Ramji-Nogales and Patricia Wald discussed “Strategies to Promote Women’s Participation in Shaping International Law and Policy amid the Global Emergence of Antiglobalism”. When Lucinda Low, the president of the American Society of International Law, took the floor, her first remarks to celebrate the success of women who occupy prominent positions today reflected the difficulty of that struggle:

“We have come a long way baby!”

I would like to thank Diane Marie Amann for this wonderful Conference and also Kathleen Doty and Britney Hardweare who attended to every second we spent in Georgia. Special thanks again to Jaya Ramji-Nogales and Beth Van Schaack for taking the time to take part in an interview with WILNET, to tell us how the Blog came into being, and its journey to date.

IntLawGrrls is much more than a blog; it is a driving force that empowers women in international law from all backgrounds and at any stage of their career. The Blog is a clear example that international law does not only have ‘founding fathers’; women too take the lead to become founding mothers of wonderful initiatives!

Please watch the video to listen to Diane Marie Amann telling the story of IntLawGrrls, Karen Bravo commemorating late members of IntLawGrrls, Lucinda Low explaining how ASIL changed in terms of gender equality over the years, and finally Jaya Ramji-Nogales and Beth Van Schaack explaining how the Blog came into being and how it evolved over the years.

(also reposted at IntLawGrrls blog)

Honors for Georgia Law’s international law curriculum and initiatives

Delighted to share the news that the just-released 2018 US News rankings place the international law curriculum here at the University of Georgia School of Law at No. 18 in the United States.

We’re situated just below the University of Pennsylvania, and 5 slots higher than last year.

The achievement is due in no small part to:

► The enthusiastic support and hard work of everyone affiliated with Georgia Law’s 39-year-old Dean Rusk International Law Center – stellar faculty, staff, students, graduates, and friends;

► The scholars, practitioners, and policymakers, from all over the world, who have contributed to our events – conferences and lectures, as well as our International Law Colloquium Series;

► Our valued partnerships, with Georgia Law student organizations; with institutions like the Leuven Centre for Global Governance at Belgium’s University of Leuven; with organizations like the International Committee of the Red Cross, the American Society of International Law, the American Branch of the International Law Association, IntLawGrrls blog, Global Atlanta, the World Affairs Council of Atlanta, the Atlanta International Arbitration Society, and the Planethood Foundation; with professional groups including the Georgia Asian and Pacific American Bar Association and the Vietnamese American Bar Association; with university units like the School of Public & International Affairs, the Department of Comparative Literature, the African Studies Institute, the Institute for Native American Studies, the Latin American & Caribbean Studies Institute, and the Willson Center for Humanities & Arts.

With thanks to all, we look forward to continue strengthening our initiatives in international, comparative, transnational, and foreign relations law – not least, preparation of Georgia Law students to practice in our 21st C. globalized legal profession.

International courts studied in new volume co-edited by Professor Cohen

Harlan Grant Cohen, the Gabriel M. Wilner/UGA Foundation Professor in International Law here at the University of Georgia School of Law, has just posted at SSRN “Introduction: Legitimacy and the Courts”, the opening segment of a forthcoming  Cambridge University Press volume. Institutions treated in subsequent chapters include the International Court of Justice, the World Trade Organization, the International Centre for the Settlement of Investment Disputes, and the European Court of Human Rights.

Cohen co-edited the forthcoming essay collection, entitled Legitimacy and International Courts, with Baltimore Law Professor Nienke Grossman, Deputy Director of her law school’s Center for International and Comparative Law, and two Oslo Law professors who co-direct that university’s PluriCourts project, Andreas Føllesdal and Geir Ulfstein.

The “Introduction” manuscript, which forms part of our Dean Rusk International Law Center Research Paper Series at SSRN, may be downloaded here.

Here’s the abstract:

Legitimacy and International Courts examines the underpinnings of legitimacy, or the justification of the authority, of international courts and tribunals. It brings together an esteemed group of authors, noted for both their expertise in individual courts, tribunals, or other adjudicatory bodies, and their work on legitimacy, effectiveness, and governance more broadly, to consider the legitimacy of international courts from a comparative perspective. Authors explore what strengthens and weakens the legitimacy of various different international courts, while also considering broader theories of international court legitimacy. Some chapters highlight the sociological or normative legitimacy of specific courts or tribunals, while others address cross-cutting issues such as representation, democracy, independence and effectiveness.

This Introduction surveys some of the key contributions of this volume and distills some of the lessons of its varied chapters for the legitimacy of international courts. Parts II and III are largely conceptual in approach, exploring what legitimacy means for each and all of the courts. Part IV takes a more functional approach, exploring how various factors internal or external to particular courts have contributed to those courts’ normative or sociological legitimacy. Part V provides thumbnail summaries of each the chapters that follow.

“Highly recommended”: Professor Chapman on “Due Process Abroad”

Due Process Abroad is the title of the timely manuscript that Nathan S. Chapman (right), an Assistant Professor here at the University of Georgia School of Law, has just posted at SSRN. At the influential Legal Theory Blog, Georgetown Law Professor Lawrence Solum has given his “highly recommended” recognition to this study of the extraterritorial application of the Due Process Clause of the U.S. Constitution.

The manuscript, which forms part of our Dean Rusk International Law Center Research Paper Series at SSRN, may be downloaded here.

Here’s the abstract:

Defining the scope of the Constitution’s application outside U.S. territory is more important than ever. This month the Supreme Court will hear oral argument about whether the Constitution applies when a U.S. officer shoots a Mexican child across the border. Meanwhile the federal courts are scrambling to evaluate the constitutionality of an Executive Order that, among other things, deprives immigrants of their right to reenter the United States. Yet the extraterritorial reach of the Due Process Clause — the broadest constitutional limit on the government’s authority to deprive persons of “life, liberty, and property” — remains obscure.

Up to now, scholars have uniformly concluded that the founding generation did not understand due process to apply abroad, at least not to aliens. This Article challenges that consensus. Based on the English historical background, constitutional structure, and the early practice of federal law enforcement on the high seas, this Article argues that the founding generation understood due process to apply to any exercise of federal law enforcement, criminal or civil, against any person, anywhere in the world. Outside the context of war, no one believed that a federal officer could deprive a suspect of life, liberty, or property without due process of law — even if the capture occurred abroad or the suspect was a non-citizen.

This history has important implications. It strongly supports the extension of due process to federal criminal and civil law enforcement, regardless the suspect’s location or citizenship. This principle has immediate implications for cross-border shootings, officially sponsored kidnappings and detentions abroad, the suspension of immigration benefits, and the acquisition of foreign evidence for criminal defendants.

Georgia Law alumnus, Professor Javier Dondé, returns as Visiting Scholar

We at the Dean Rusk International Law Center are delighted this week to host a distinguished Visiting Scholar: University of Georgia School of Law alumnus, Dr. Javier Dondé Matute.

He earned his LL.M. degree from Georgia Law in 1998, and is now a Professor of International Criminal Law at Instituto Nacionale de Ciencias Penales (National Institute of Criminal Sciences – INACIPE, for short) in Mexico City, Mexico.

He’ll be resident at our Center all week, pursuing his sabbatical research on the post-World War II trials at Nuremberg. Additionally, he’ll present a work in progress, entitled “Criminal Responsibility as a Founding Principle of International Criminal Law,” this Wednesday, March 15, as part of our International Law Colloquium Series led by Georgia Law Professor Harlan G. Cohen.

Professor Dondé has written and published widely on issues such as international criminal law, comparative criminal law, human rights, and extradition; his books include Derecho penal internacional (Oxford University Press 2008). He also has served as an adviser to Mexico’s Supreme Court and to various other judicial, prosecutorial, law enforcement, and human rights agencies. He is a member of the editorial boards of two leading Latin American law reviews, the Revista Iberoamericana de Derechos Humanos and the Anuario Mexicano de Derecho Internacional.

In addition to his Georgia Law LL.M., Professor Dondé holds a Ph.D. in international and comparative criminal law from the University of Aberdeen, Scotland, and completed his undergraduate studies at Instituto Tecnológico Autónomo de México (ITAM).

¡Bienvenidos!