Professor Mattias Kumm and Professor Joseph Weiler Co-Conveners

Fall 2016
Wednesday, 6:10-8:00 p.m.
Vanderbilt Hall, Room 202

2 Credits

This colloquium explores conceptual, institutional and normative issues raised by the globalization of public law. With the spread of liberal democratic constitutionalism after the end of the Cold War and the increasing transnational integration of states associated with 'globalization' the sharp traditional distinction between national law and international law is under considerable pressure. On the constitutional level national courts are increasingly called upon to address how transnational practices are relevant and relate to domestic constitutional issues. On the international level phenomena addressed as global governance, global constitutionalism etc. suggest that the traditional categories of international law are insufficient to adequately describe and assess law beyond the boundaries of states. Entities like the EU perhaps illustrate the challenge most clearly. But so do the constitutional debates in the US, where the constitutional law of foreign affairs has become a field of considerable dynamism and contestation and debates on the Bill of rights are increasingly placed in a comparative and international context. Focusing on these issues, invited speakers for this colloquium will help us explore the conceptual, institutional and normative issues raised by the globalization of public law.

Fall 2016 Schedule of Presenters:  Topics TBD

Sept. 14: Tarunabh Khaitan (Oxford) Securing Losers' Consent for India's Constitution: The Rule of Directive Principles

Sept. 28: Pasquale Pasquino (NYU and CNRS, Paris) How constitutional courts make decisions; Appendix; Secret Vote

Oct. 5:   Anne van Aaken (St. Gallen, Switzerland)  Framing Proportionality: Rationality and Cognitive Biases

Oct. 19: Grainne de Burca (NYU) The Decline of the EU Anti-Discrimination Law?

Oct. 26: Christine Landfried (Univ. Hamburg) Connecting Legitimacy and Effectiveness: The Role of Civil Society in International Cultural Politics

Nov. 2: Susanne Augenhofer (Humboldt, Berlin) Volkswagen in a Global World 

Nov. 9: James Whitman (Yale) Hitler's American Model: The United States and the Making of Nazi Race Law

Nov. 16: Mirjam Künkler (Princeton) State, Constitution and Law: Ernst Wolfgangs Boeckenfoerde's constitutional and political theory

Nov. 29: Mattias Kumm (NYU) Human Rights and the turn to justification: On the structure and domain of human rights practice Note: This presentation only, VH201 

Nov. 30: Cristina Rodriguez (Yale) The President and Immigration Law