2016 National Lawyers Convention
This panel will consider Justice Scalia's legacy in national security law, revisiting his opinions in major national security cases, including Ashcroft v. al-Kidd, Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush. It will also discuss the influence Justice Scalia's jurisprudence has exerted on national security law more broadly and his views on the role of the courts reviewing national security policy.
This panel was held on November 18, 2016, during the 2016 National Lawyers Convention in Washington, DC.
International & National Security Law: Justice Scalia’s Jurisprudence and National Security
3:15 p.m. – 5:00 p.m.
- Prof. Bradford R. Clark, William Cranch Research Professor of Law, The George Washington University Law School
- Ms. Elizabeth Goitein, Co-Director, Liberty & National Security Program, Brennan Center for Justice
- Mr. Adam Klein, Senior Fellow, Center for a New American Security
- Prof. Stephen I. Vladeck, Professor of Law, The University of Texas at Austin School of Law
- Moderator: Hon. Jerry E. Smith, U.S. Court of Appeals, Fifth Circuit
The Mayflower Hotel International & National Security Law Practice Group Podcast
Charlie Savage, the New York Times Pulitzer Prize winning journalist, has just released his new book, "Power Wars." The book is an examination of the legal issues surrounding the War on Terror as practiced in the Obama Administration. Following up on his earlier examination of the Bush White House, this book takes us behind the scenes into the heart of the legal debates. Readers get a front row seat to watch as President Obama and his lawyers consider whether it is lawful to send a SEAL team strike into Pakistan to hunt down Osama bin Laden. They see the cross currents at play in debates over NSA surveillance and drone strikes in Yemen, and much more.
International & National Security Law Practice Group Podcast
- Charlie Savage, Washington Correspondent, New York Times
- Paul Rosenzweig, Principal, Red Branch Law & Consulting PLLC
The attacks by ISIS on the citizens of Paris and the world have again focused attention on the challenges of counterterrorism. In this Teleforum, former U.S. Secretary of Homeland Security Michael Chertoff and prominent French lawyer Francois-Henri Briard addressed issues such as international cooperation on surveillance and intelligence sharing, whether policies on encryption of electronic communications need to be revised, what authorities or international institutions, if any, should be called upon in support of the use of force against ISIS, and the nature of the response from France, the U.S., Russia, and other nations.
SCOTUScast 12-7-15 featuring Edwin Williamson
- Francois-Henri Briard, Supreme Court Attorney (France), Delaporte, Briard & Trichet
- Michael Chertoff, Executive Chairman and Co-Founder, The Chertoff Group
On December 1, 2015, the Supreme Court decided OBB Personenverkehr AG v. Sachs. This case concerns the scope of the commercial activity exception to the Foreign Sovereign Immunities Act (FSIA). Under this exception, sovereign immunity does not bar a lawsuit “based on a commercial activity carried on in the United States by [a] foreign state.” In this case Carol Sachs sued the Austrian national railroad when she suffered serious injuries while attempting to board an Austrian train. The question is whether Sachs’ purchase of her rail pass in the United States brought her suit within the commercial activity exception. The U.S. Court of Appeals for the Ninth Circuit held that it did.
By a vote of 9-0, the Supreme Court reversed the judgment of the Ninth Circuit. Chief Justice Roberts delivered the opinion for a unanimous Court, holding that Sachs’ suit was “based on” the railway’s conduct in Austria and therefore outside the FSIA’s commercial activity exception.
To discuss the case, we have Edwin D. Williamson, who is Of Counsel at Sullivan & Cromwell LLP. 2015 National Lawyers Convention
Most would agree that the world is unsettled, with hotspots in the Middle East, North Korea, the South China Sea, and the Ukraine, to name but a few. Terrorism has complicated international relations. But exactly when, and how, should America act to maintain order? Is a muscular and expeditionary style of engagement to be favored over quiet diplomacy? Is more and faster better than less and slower? How contextual should the answers to these questions be?
International: When Should America Act to Maintain International Order?
3:30 p.m. – 5:00 p.m.
- Prof. Colin Dueck, Associate Professor, George Mason University School of Policy, Government, and International Affairs
- Mr. Benjamin H. Friedman, Research Fellow in Defense and Homeland Security Studies, Cato Institute
- Mr. François-Henri Briard, Supreme Court Attorney (France), Delaporte, Briard & Trichet
- Hon. Mike J. Rogers, Former U.S. House of Representatives, Michigan
- Moderator: Mr. Brian H. Hook, former Assistant Secretary of State
The Mayflower Hotel