Georgia Law profs Cohen and Cade win interdisciplinary research seed grants

Two University of Georgia School of Law professors will take part in transnationally focused research projects, recent winners in a universitywide funding competition.

The 2 projects were among a dozen funded by the University of Georgia  Presidential Interdisciplinary Seed Grant Program. More than 150 faculty teams submitted proposals.

The Georgia Law award-winners are:

Harlan G. Cohen, who holds the Gabriel M. Wilner/UGA Foundation Professor in International Law, will take part in research on “Forecasting the threat of cyber attacks, nation by nation.” Also on the team for this project are faculty from the university’s Franklin College of Arts & Sciences and School of Public & International Affairs, plus a political scientist from the State University of New York-Albany.

Jason A. Cade, Assistant Professor of Law and Director of the law school’s Community Health Law Partnership Clinic. He will collaborate on “Building a network of cultural liaisons to improve the health and well-being of Athens-area Latinos.” The research project’s team also includes faculty from the university’s College of Education, College of Family & Consumer Sciences, College of Pharmacy, College of Public Health, School of Social Work, Latin American & Caribbean Studies Institute, and J.W. Fanning Institute for Leadership Development.

“Judicial Federalism in the European Union,” new article by Professor Wells

Professor Michael Lewis Wells, who holds the Marion and W. Colquitt Carter Chair in Tort and Insurance Law here at the University of Georgia School of Law, has published an article comparing judicial practice in Europe and the United States. Entitled “Judicial Federalism in the European Union,” it appears at 54 Houston Law Review Winter ​697 (2017).

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

Here’s the abstract:

This article compares European Union judicial federalism with the American version. Its thesis is that the European Union’s long-term goal of political integration probably cannot be achieved without strengthening its rudimentary judicial institutions. On the one hand, the EU is a federal system in which judicial power is divided between EU courts, of which there are only three, and the well-entrenched and longstanding member state court systems. On the other hand, both the preamble and Article 1 of the Treaty of Europe state that an aim of the European Union is “creating an ever closer union among the peoples of Europe.” The article argues that central government courts and member state courts are not fungible. In close cases, the latter are more likely than the former to favor the member state’s interests. The EU’s approach to judicial federalism, with its heavy reliance on member state courts, will retard the political integration envisioned by the Treaty. The article develops this thesis by comparing EU judicial federalism with the American variant, which differs from the EU system in two key respects: First, most issues of EU law are adjudicated in the member state courts. In the U.S., a network of lower federal courts adjudicates many federal law issues. Second, the U.S. Supreme Court reviews state court judgments that turn on issues of federal law. The Court of Justice of the European Union does not review member state judgments, even on issues of EU law. The article argues that these aspects of the federal system in the U.S. were indispensable to achieving and maintaining national unity. If the EU aspires to a similar level of political integration, their absence may prove to be a significant obstacle.

Professor Cade publishes in Georgia Bar Journal special immigration issue

Jason A. Cade, Assistant Professor at the University of Georgia School of Law, has just published “Proportionality Lost? The Rise of Enforcement-Based Equity in the Deportation System and Its Limitations,” at 22 Georgia Bar Journal 16 (2017).

Cade teaches Immigration Law and directs the law school’s Community Health Law Partnership Clinic. His scholarship explores intersections between immigration enforcement and criminal law, the role of prosecutorial discretion in the modern immigration system, and judicial review of deportation procedures.

His latest article, featured in a GBJ special issue entitled “Public Interest Immigration Update,” may be downloaded at SSRN. Here’s the abstract:

This article briefly explains and critiques the legal framework that has made enforcement discretion the primary means of injecting proportionality and fairness into the modern deportation system. The article provides an overview of shifting approaches to this enforcement discretion under the Obama and Trump administrations, and describes some of the key Supreme Court jurisprudence interpreting this framework.

Professor Hellerstein panelist at OECD value-added tax policy conference

Professor Walter Hellerstein served as panelist at a high-level meeting on tax policy in Paris, France, earlier this month.

The Organisation for Economic Co-operation and Development Fourth Meeting of the Global Forum on VAT (value-added tax, known in some countries as goods and services tax, or GST), took place April 12-14 at the OECD’s conference center.

Participating in the Global Forum were senior tax officials, representatives of international organizations and business enterprises, and academics from around the world. Professor Hellerstein took part in two plenary panels, on “VAT/GST Design and Operations in the Digital Age: Lessons Learned,” and on “Addressing New VAT/GST Challenges and Increasing the Efficiency and Effectiveness of VAT Administration: Lessons Learned and Future Action.”

Hellerstein is Distinguished Research Professor & Francis Shackelford Distinguished Professor in Taxation Law Emeritus here at the University of Georgia School of Law. He is widely published on issues related to taxation in a global context, and last spring was a guest professor at the Vienna University of Economics & Business.

Amann elected Counselor of the American Society of International Law

Delighted to congratulate our own Associate Dean Diane Marie Amann on her election as Counselor of the American Society of International Law.

Founded in 1907, ASIL is the foremost learned society in the international law field. From its headquarters in Washington, D.C., ASIL fosters dialogue, hosts and cosponsors conferences, and produces the American Journal of International Law and other publications, on behalf of its thousands of members throughout the world.

ASIL’s governing board is the Executive Council. Advising and serving as nonvoting members of the Council are Counselors, senior ASIL members who have made significant contributions to the Society and to the study and development of international law. Amann was elected to the position at ASIL’s Annual Meeting earlier this month.

Amann’s election followed her service in many ASIL leadership positions: Vice President; Co-Chair of the 2012 ASIL Annual Meeting in Athens and Atlanta, Georgia; voting member of the Executive Council and its Executive Committee; Grotius Lecture Distinguished Discussant; and member of the ABA-ASIL Joint Task Force on Treaties in U.S. Law,  the Blacks in ASIL Task Force, the ASIL Judicial Advisory Board, and Program Committees for the 2012 Annual Meeting in Washington and for the 2007 ASIL-AALS Midyear Meeting in Vancouver. She is Editor-in-Chief of the ASIL Benchbook on International Law, and also has published in the American Journal of International Law, ASIL Annual Meeting Proceedings, and the ASIL-produced Proceedings of the International Humanitarian Law Dialogs.

In 2013, Amann received the Prominent Woman in International Law Award from ASIL’s Women in International Law Interest Group. Above, she delivers her award speech at the Annual Meeting while a cutout of Eleanor Roosevelt looks on.

At the University of Georgia School of Law – an ASIL Academic Partner – Amann holds the Emily & Ernest Woodruff Chair in International Law. Since 2015, she also has served as Associate Dean for International Programs & Strategic Initiatives; her duties include directing the law school’s 40-year-old Dean Rusk International Law Center. She teaches and publishes widely on issues related to public international law, international and transnational criminal law, the laws of war, international human rights law, and children & international law. She has served since 2012 as the International Criminal Court Prosecutor’s Special Adviser on Children in & affected by Armed Conflict.

Cohen elected to American Journal of International Law Board of Editors

Delighted to congratulate our own Professor Harlan G. Cohen on his election to the Board of Editors of the American Journal of International Law.

AJIL, as it’s known, is the flagship publication of the Washington, D.C.-based American Society of International Law. Both were founded in 1907, with U.S. Secretary of State Elihu Root serving as ASIL’s 1st President, and scholar-diplomat James Brown Scott serving as AJIL‘s 1st top editor. Today, the quarterly Journal feature articles, editorials, and notes and comments by pre-eminent scholars. It’s not only one of the oldest, but also one of the most-cited peer-reviewed journals in international law and international relations.

Cohen’s election came earlier this month, when the AJIL Board met during ASIL’s Annual Meeting. It’s a well deserved honor for Cohen, who’s served for a number of years as Managing Editor of AJIL Unbound, the journal’s online platform, and held several ASIL leadership positions.

A member of our University of Georgia School of Law faculty since 2007, Cohen publishes and teaches in a range of international law areas, including trade, foreign affairs, global governance, and human rights. He is the inaugural holder of the Gabriel M. Wilner/UGA Foundation Professorship in International Law.

He contributes immensely to the initiatives of the law school’s Dean Rusk International Law Center, serving, among other things, as faculty advisor to our Georgia Journal of International & Comparative Law (he was a principal organizer this academic year of the Georgia Law-International Committee of the Red Cross conference on the ICRC’s 2016 Commentary) and leader of our 10th International Law Colloquium series.

Alums Kaitlin Ball and Eric Heath publish in International Legal Materials

Delighted to see the bylines of 2 recent graduates of the University of Georgia School of Law in the newest edition of International Legal Materials.

An American Society of International Law publication, ILM reprints decisions, treaties, and other newly issued documents reflecting important developments in international law. Each is preceded by an Introductory Note which explains and analyzes the document. Contributing such Notes to Volume 56, Issue 1, of ILM –  available online via open access for a limited period – are:

Kaitlin M. Ball (J.D. 2014), who is a Ph.D. candidate in the Department of Politics & International Studies, University of Cambridge, England. While at Georgia Law, Kaitlin served as Student President of the worldwide International Law Students Association, and was a Global Extern at the U.S. Department of State Office of Legal Adviser for Private International Law, at the Organization for Security and Co-operation in Europe mission in Sarajevo, Bosnia, and at the nongovernmental organization Human Rights League in Bratislava, Slovakia. Her ILM Introductory Note is entitled “African Union Convention on Cyber Security and Personal Data Protection.”

Eric A. Heath (J.D. 2015), who serves on the Legislative Staff of U.S. Rep. Matt Cartwright (D-Pennsylvania) in Washington, D.C. Immediately before taking that position, Eric served as an ASIL Fellow and also earned his LL.M. degree in International Economic Law from the University of Edinburgh, Scotland. While at Georgia Law, he was a Global Extern at UNESCO, in Paris, France, and published in our Georgia Journal of International & Comparative Law. His ILM Introductory Note is entitled “Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer (Kigali Amendment).”