Georgia Law Professor Laura Phillips Sawyer gives talk at Justice Department on antitrust law and extraterritoriality

Dr. Laura Phillips Sawyer, Associate Professor here at the University of Georgia School of Law, earlier this month presented her most recent scholarship, related to law and extraterritoriality, at the Antitrust Division of the U.S. Department of Justice.

Phillips Sawyer’s research paper, entitled “Jurisdiction Beyond Our Borders: United States v. Alcoa and the Extraterritorial Reach of American Antitrust, 1909–1945,” offers a historical explanation for the origins of antitrust extraterritoriality.

The 1945 decision of the U.S. Court of Appeals for the Second Circuit in Alcoa is famous in antitrust law for several reasons. To be precise, it:

  • Narrowly defined market share in favor of the federal government;
  • Expanded the category of impermissible dominant firm conduct;
  • Interpreted congressional intent as protecting an egalitarian business environment; and
  • Established the extraterritorial reach of U.S. antitrust laws.

Although each of those contributions has incited legal commentary and critique, Judge Learned Hand’s decision to redraw the territorial application of U.S. antitrust has remained largely unexamined.

The essay that Professor Phillips Sawyer presented advances two arguments:

  • First, right before and during the interwar years, the antitrust doctrine of strict territoriality had been eroded through a series of distinguishing cases and contradictory congressional policies.
  • Second, the well-documented connection between European fascism and cartelization provided strong external pressures to extend American antitrust law and policy abroad and to redouble anticartel and antimonopoly provisions at home. By 1945 extraterritorial antitrust emerged as an acceptable means of governance to curtail international cartel behavior, discipline monopolies at home, and impose an American-led liberal—and hegemonic—internationalism on much of the rest of the world.

The essay will appear in American Democracy and Antimonopoly, a Tobin Project publication, edited by Professors William Novak and Daniel Crane. Additionally, it will play a major role in the first chapter of Phillips Sawyer’s next book, which explores the macroeconomic pressures on American antitrust law and policy. Her first book, American Fair Trade: Proprietary Capitalism, Corporatism, and the ‘New Competition,’ 1890-1940, was published by Cambridge University Press in 2018.

Georgia Law Professor Durkee talks on business, global governance at ILW 2020

Professor Melissa J. “MJ” Durkee, the Allen Post Professor of Law here at the University of Georgia School of Law, was among the scholars and practitioners who took part in a panel entitled “Business Engagement in Global Governance” during International Law Weekend, the 99th Annual Meeting of the American Branch of the International Law Association. Typically held in New York City, because of the coronavirus pandemic this year’s ILW took place online.

Here’s the panel description:

Many international organizations are now partnering with business groups, seeking expertise, corporate engagement with important issues, and funds. While public-private partnerships can seem indispensable, the danger of undue influence is real. This roundtable will discuss cutting-edge efforts by international organizations to capture benefits of business participation while restraining harms, and how past experience may offer lessons for future challenges.

Joining Durkee in discussing these issues were Igor da Silva Barbosa, First-Secretary at the Permanent Mission of Brazil to the United Nations Office in Geneva; Professor Kristina Daugirdas, University of Michigan Law School; and Nancy Thevenin, General Counsel of the United States Council for International Business. Dr. Ayelet Berman, Senior Fellow at the Centre for International Law, National University of Singapore, served as moderator.

Georgia Law Prof. Cohen presents “Nations and Markets” at International Economic Law and Policy seminar

Harlan Cohen, who is Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center here at the University of Georgia School of Law, recently presented his paper, “Nations and Markets,” in the International Economic Law and Policy work-in-progress seminar.

IELAP is a London-based series (currently online) convened by: Dr. Federico Ortino, Reader of International Economic Law, King’s College London; Dr. Lauge Poulsen, Associate Professor in International Political Economy and Director of Graduate Studies in Political Science, University College London; and Dr. Mona Pinchis-Paulsen , Assistant Professor at the Department of Law, London School of Economics.

Georgia Law Professor Christopher Bruner presents to International Monetary Fund on corporations and sustainability

Professor Christopher Bruner, the Stembler Family Distinguished Professor in Business Law here at the University of Georgia School of Law, recently presented “The Corporation as Technology: Re-Calibrating Corporate Governance for a Sustainable Future” to the International Monetary Fund, a 75-year-old organization of 189 countries that, operating within the United Nations system, works to “foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world.”

Bruner’s online presentation was organized by the IMF Legal Department and moderated by Rhoda Weeks-Brown, Director of the Legal Department and the IMF’s General Counsel.  Attendees included staff lawyers and economists from across the IMF.

His talk was based on the book that he is currently writing, which is due to be published by Oxford University Press next year.

Cohen presents “Nations and Markets” at Michigan Law workshop

Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of Dean Rusk International Law Center, recently presented “Nations and Markets” at the International Law Workshop at the University of Michigan Law School.

Led by Michigan Law Professor Monica Hakimi, this course features presentations and discussions of works in progress by leading international legal scholars. In addition to Professor Cohen, the Spring 2020 course will include presentations by professors from Cornell Law, Max Planck-Hamburg, Temple Law, University College London, Northwestern Law, California-Berkeley Law, and the University of New South Wales in Sydney, Australia.

Georgia Law Dean Bo Rutledge, students Katherine Larsen and Miles Porter publish on Cuba sanctions

Recent change in US policy toward Cuba is the subject of a new commentary by the dean and 2 student researchers here at the University of Georgia School of Law.

Coauthoring the Daily Report article, entitled “Lawyers Should Keep Their Eyes on Cuba Sanctions Cases,” were international business law expert Peter B. “Bo” Rutledge, Dean and Herman E. Talmadge Chair of Law at Georgia  Law, along with 3L Katherine M. Larsen and 2L Miles S. Porter.

The article examines the potentially “broad implications for entities that conduct business in or with Cuba” that may follow from the announcement earlier this year that a portion of the mid-1990s “Helms-Burton Act would no longer be suspended, thereby allowing U.S. nationals to file lawsuits against any individual or entity that ‘traffics in property expropriated by the Cuban government.”

The full commentary is here.

Georgia Law Professor Cohen presents on “Nations and Markets” at Amsterdam ACIL-ESIL conference

Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center at the University of Georgia School of Law, was among more than 40 scholars from around the world who presented their scholarship earlier this month at at the International Economic Law and Security Interests Conference at the University of Amsterdam in the Netherlands.

Cohen spoke on “Nations and Markets” as part of a plenary panel entitled “The Public and the Private: Security Concerns and the Future of International Economic Governance.”

Co-hosts of the 2-day conference were the university’s Amsterdam Center for International Law and the Interest Group on International Economic Law of the European Society of International Law.

Global Governance Summer School students attend RECONNECT conference on democracy and the rule of law in the European Union

LEUVEN & BRUSSELS – The morning opened with an introduction to the European Union, presented by Michal Ovadek, a research fellow at the Leuven Centre for Global Governance Studies. An expert in the European Union legislative process, he provided an overview of the European Union architecture, and outlined the primary challenges to democracy in Europe. The session was designed to prepare students to participate fully in the rest of the day’s activities: a conference devoted to a research project aimed at reinvigorating core values of the European Union.

From left, Gamble Baffert, Charles Wells, Leila Knox, Emily Doumar, Maria Lagares Romay, Blanca Ruiz Llevot, Steven Miller, Alicia Millspaugh, and Briana Blakely.

The RECONNECT: Reconciling Europe with its Citizens through Democracy and the Rule of Law project, established by the Leuven Centre for Global Governance Studies, is supported by funds from the EU’s Horizon 2020 Research & Innovation programme. As part of the larger project, the Leven Centre convened the International Conference on Democracy and the Rule of Law in the EU. It gathered experts to discuss contemporary challenges to European Union integration, including judicial independence and rule of law, free press, and democratic institutions in countries like Poland and Hungary.

The conference took place in the Brussels’ beautiful Academy Palace, and opened with a welcome by Professor Jan Wouters (left), Co-Director of the Global Governance Summer School.

The conference featured keynote remarks by Daniel Keleman, Professor of Political Science and Law and Jean Monnet Chair in European Union Politics at Rutgers University, and Koen Lenaerts, President of the Court of Justice of the European Union (right). Two policy roundtables also featured perspectives from academics and advocates from around Europe on democracy and rule of law in the European Union, respectively.

From left, Kathleen Garnett, Holly Stephens, Steven Miller, Alicia Millspaugh, Emily Snow.

Global Governance Summer School explores developments in climate change and international commerce

LEUVEN – After a full day of professional development briefings yesterday, students at the Georgia Law-Leuven Global Governance School returned to the classroom today. They took part in four lectures exploring developments in climate change and international commerce:

First, Professor Katja Biedenkopf (right), Assistant Professor at Leuven International and European Studies (LINES) at KU Leuven and an expert in European Union environmental and climate policy, addressed climate change. She focused on the international instruments at play, in particular the Paris Agreement. Professor Biedenkopf also highlighted challenges to climate change governance and encouraged students to consider international, regional, and local solutions.

Second, Peter B. “Bo” Rutledge (left), Dean of the University of Georgia School of Law, provided an introduction to international dispute resolution. He led students through a hypothetical cross-border dispute, thereby introducing the architecture of the international dispute resolution framework. He highlighted the differences between arbitration, mediation, and litigation.

Georgia Law professor Usha Rodrigues (right), provided the final two lectures of the day. A corporate governance scholar, she first provided an overview of international economic law and trade, and covered topics such as finance, international monetary policy, investment, tax, and transnational business transactions. She closed the afternoon with an exploration of comparative corporate governance, including how rules have developed across states, and how conflicts between management and shareholders or between majority and minority shareholders are resolved in different contexts.

Tomorrow, students will participate in an international conference on democracy and the rule of law in the European Union, as part of the RECONNECT project. In the meantime, they’ll spend the evening celebrating the 4th of July as expats in Belgium.

Georgia Law professors Harlan Cohen, Melissa J. Durkee featured in latest AJIL

Scholarship by 2 members of the international law faculty here at the University of Georgia School of Law is featured in the latest edition of the peer-reviewed American Journal of International Law, the premier publication of the century-old American Society of International Law. Specifically, volume 113, issue 2 includes works by:

Harlan Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center here at the University of Georgia School of Law and a member of the AJIL Board of Editors. He published a an Editorial Comment featured on the issue’s cover and entitled “What is International Trade Law For?” (pp. 326-46), as well as a review of Not Enough: Human Rights in an Unequal World, a 2018 Harvard University Press book by Samuel Moyn (pp. 415-19).

Melissa J. Durkee, a J. Alton Hosch Associate Professor of Law. She too published a book review, of Lawmakers: International Organizations in the Crafting of World Markets, a 2017 Cambridge University Press volume by Susan Block-Lieb and Terence C. Halliday (pp. 422-28).