In this week's LAPA seminar, Professor Robert B. Ahdieh will discuss his recent work, "International Law, Foreign Affairs, and the Federal State: Lessons from Coordination." He is a Professor of Law and Director of the Center on Federalism and Intersystemic Governance, at Emory Law School. He is also the Microsoft-LAPA Fellow for the 2007-2008 academic year. Paul Schiff Berman will comment. Please join us!
Even with the departure of two of its most vocal advocates – Chief Justice William Rehnquist and Justice Sandra Day O’Connor – the federalism revolution initiated by the Supreme Court almost twenty years ago continues its onward march. If recent Court decisions and Congressional legislation are any indication, its latest beachhead may be the realm of international law and foreign affairs. In this paper, I use the prism of “coordination” – and related understandings of standard-setting processes – to explore this new step in federalism’s advance. Through the vantage of coordination, it becomes clear that our conventional sense of conflict in the relationship of international norms and sub-national interests may require reconsideration. Further, it suggests that we should not underestimate the possibility of coherence and clarity in foreign affairs, even as our federalism reaches abroad.
Robert B. Ahdieh is a Professor of Law and Director of the Center on Federalism and Intersystemic Governance, at Emory Law School. He is the Microsoft-LAPA Fellow for the 2007-2008 academic year. 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. For more on Professor Ahdieh, see his LAPA profile.
Paul Schiff Berman is Jesse Root Professor of Law at the University of Connecticut School of Law, where he has taught since 1997. His scholarship focuses on the intersection of international law, conflict of laws, cyberspace law, and the cultural analysis of law. His recent work, which discusses the multiple effects of globalization on legal systems, includes: A Pluralist Approach to International Law, Yale J. Int'l L. (2007); Seeing Beyond the Limits of International Law, 84 Tex. L. Rev. 1265 (2006); Towards a Cosmopolitan Vision of Conflict of Laws: Redefining Governmental Interests in a Global Era, 153 U. Pa. L. Rev. 1819 (2005); From International Law to Law and Globalization, 43 Colum. J. Transnat'l L. 485 (2005); and The Globalization of Jurisdiction, 151 U. Pa. L. Rev. 311 (2002). He is also the author (with Patricia L. Bellia and David G. Post) of Cyberlaw: Problems of Policy and Jurisprudence in the Information Age (West Pub.) and the editor of two volumes of essays, The Globalization of International Law and Law and Society Approaches to Cyberspace (Ashgate Pub.) and is currently at work on a monograph entitled Law Beyond Borders. For more on Professor Berman, see his University of Connecticut profile.