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The Judicial Power and US Foreign Affairs

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The Judicial Power and US Foreign Affairs Fordham University School of Law’s International Law Journal presents The Judicial Power and US Foreign Affairs Friday, February 21, 2020 10:45 a.m. – 4:45 p.m. Fordham Law School Costantino Room | Second Floor COURSE MATERIALS Table of Contents 1. Speaker Biographies (view in document) 2. CLE Materials Panel 1: Scholarly Debate: Proper Role of the Supreme Court in Foreign Affairs Benish, K. The Foreign Sovereign Immunities Act. (view in document) Effron, R. Doctrinal Redundancy and the Two Paradoxes of Personal Jurisdiction. (view in document) Panel 2: Evolving Judicial Intervention on U.S. Foreign Policy United States v. Curtiss-Wright Export Corp. et. Al. (view in document) Clapper, Director of National Intelligence, et al, v. Amnesty International USA et al. Certiorari to the United States Court of Appeals for the Second Circuit. (view in document) Rosalie Simon, et al., Individually, for themselves and for all others similarly situated Plaintiffs v. Republic of Hungary, et al, Defendants. Civil Action No. 10-1770 (BAH). (view in document) Rosalie Simon, et al., Appellants v. Republic of Hungary and Magyar Allamvasutak Zrt., Appellees No. 17-7146. (view in document) Panel 3: How Modern International Relations Impact the Supreme Court: Trends and Prospects Immigration and Naturalization Service v. Chadha et al Appeal from the United States Court of Appeals for the Ninth Circuit. (view in document) Trump President of the United States, et al v. Hawaii et al. Certiorari to the United States Court of Appeals for the Ninth Circuit. (view in document) SPEAKERS faculty in 2015, Professor Arato served as an numerous US courts. Associate-in-Law at Columbia Law School. Professor Benish is also an associate at the Z. Payvand Ahdout He previously worked as an associate in the law firm of Holwell Shuster & Goldberg LLP Academic Fellow international arbitration group at Freshfields in New York City, where his practice involves Columbia Law School Bruckhaus Deringer, where his practice matters of international litigation, civil Payvand Ahdout is an Academic Fellow focused on international investment disputes procedure, foreign sovereign immunity, and at Columbia Law School. Her research is and international commercial arbitration. questions of US constitutional law. primarily focused on the ways governing institutions use and shape the federal courts and how that informs public law development. Kevin Arlyck Pamela Bookman Associate Professor of Law Prior to joining Columbia, Payvand served as Associate Professor of Law Georgetown University Law Center a law clerk to Justice Ruth Bader Ginsburg Fordham University School of Law Professor Arlyck teaches civil procedure, on the U.S. Supreme Court and to Judge Professor Pamela Bookman is an expert federal courts, and legal history. His Debra Ann Livingston on the U.S. Court of in the fields of Civil Procedure, Contracts, scholarship investigates the early history Appeals for the Second Circuit. She also International Litigation and Arbitration, of the federal courts, with a particular served as a Bristow Fellow in the Office of the and Conflict of Laws. Her scholarship has focus on the courts’ involvement in Solicitor General of the United States. She appeared in the Stanford Law Review, national governance between ratification has previously held a fellowship at NYU Law. the NYU Law Review, the Yale Journal of of the Constitution and the Civil War. His Most recently, she was an appellate litigator International Law, and other leading law scholarship has been published in Law and at Kirkland & Ellis, LLP. journals. History Review, Brigham Young University Payvand received her J.D. from Columbia Law Law Review, and NYU Law Review. He is Prior to entering academia, Professor School, where she was a James Kent Scholar currently working on a book exploring the Bookman was a Counsel in the New York and a recipient of the Ruth Bader Ginsburg important role the federal courts played in office of Wilmer Cutler Pickering Hale & Dorr Prize. She received a B.A. with highest early U.S. foreign relations. LLP, where she represented clients in complex distinction from the University of Virginia, commercial business disputes with a focus Before coming to Georgetown, Professor where she was a Jefferson Scholar on transnational litigation and maintained an Arlyck received a J.D. and Ph.D. in history active pro bono practice. from New York University, and he clerked for the Hon. Sonia Sotomayor on the Supreme Professor Bookman received her B.A. in Julian Arato Court of the United States and the Hon. Russian Literature from Yale University and Professor of Law Robert Katzmann on the U.S. Court of her J.D. from the University of Virginia School Brooklyn Law School Appeals for the Second Circuit. He also held of Law, where she served as an Articles Editor Professor Arato’s research and teaching academic fellowships at Columbia Law and on the Virginia Law Review and received interests include international economic NYU School of Law, and spent several years the Rosenbloom Award for enhancing the law, public international law, international in private practice at Orrick, Herrington & academic experience of her fellow students organizations, contracts, and private law Sutcliffe in New York. Following law school, Professor Bookman theory. He has written extensively on the law clerked for Judge Robert D. Sack of the U.S. of treaties and treaty interpretation, the law Court of Appeals for the Second Circuit, of international organizations, and the law Kevin D. Benish President Rosalyn Higgins and Judge Thomas of foreign direct investment. He is currently Research Fellow Buergenthal of the International Court of working on a long- term project on the private Center for Transnational Litigation, Justice, and Justice Ruth Bader Ginsburg of law dimensions of international investment Arbitration, and Commercial Law, the U.S. Supreme Court. law. NYU Law At Brooklyn Law School, Professor Arato Kevin Benish is an adjunct professor at the serves as Co-Director for the Dennis J. New York University School of Law, where Elena Chachko Block Center for the Study of International he co-teaches International Litigation and Lecturer on Law, Harvard Law School; Business Law. He also serves as a Co-Chair Arbitration and writes in the areas of Civil Postdoctoral Fellow, Perry World House of the Junior International Law Scholars Procedure, Transnational Litigation, Conflict University of Pennsylvania Association (JILSA); as Vice Chair for the of Laws, and Comparative Law. His research Elena Chachko is an SJD candidate at Harvard American Society of International Law (ASIL) interests include US, EU, and Canadian Law School and a Global Order Postdoctoral International Economic Law Interest Group; approaches to extraterritoriality and data Fellow at Perry World House, University of and as a member of the International Law privacy, and the constitutional limitations on Pennsylvania. Her research focuses on the Association Study Group on the Content and adjudicatory jurisdiction over multinational intersection of administrative law, foreign Evolution of the Rules of Interpretation. corporations in the United States. His relations law, national security law, public international law, and empirical approaches Before joining the Brooklyn Law School previous publications have been cited by to public law. Elena’s work has been published legal department of a large investment bank missions to Northern Ireland, Turkey, Hong in the Yale Journal of International Law and to research questions of German and U.S. Kong, Mexico, Malaysia, Kenya, Romania and the American Journal of International Law law. At Brooklyn Law School, she serves as China. He is also a member of the Council on Unbound, among other publications. She was Co-Director for the Dennis J. Block Center for Foreign Relations. He is currently the Chair previously an International Security Program the Study of International Business Law. She of the Council on International Affairs of Fellow at the Harvard Kennedy School Belfer is an avid writer, penning op-eds for various the New York City Bar Association, where Center for Science and International Affairs, publications. Professor Effron also edits the he was formerly Chair of the Committee a Graduate Student Associate at the Harvard Civil Procedure and Federal Courts Blog for on International Human Rights, and is a life Weatherhead Center for International Affairs, the Law Professors Blog Network. member of the Council on Foreign Relations. and a teaching fellow in Public International Prior to joining Brooklyn Law School’s faculty, Flaherty’s publications focus upon Law at Harvard Law School, where she was Professor Effron served as a Bigelow Fellow constitutional law and history, foreign affairs, also the coordinator of the Harvard Empirical and Lecturer in Law at the University of and international human rights and appear in Legal Studies Series. Chicago Law School. She also served as a law such journals as the Columbia Law Review, Prior to her doctoral studies, Elena clerked for clerk to Judge Alvin K. Hellerstein of the U.S. the Yale Law Journal, the Michigan Law Chief Justice Asher D. Grunis on the Supreme District Court for the Southern District of New Review, the University of Chicago Law Review, Court of Israel. She has also worked at the York. In law school, she was articles editor on Constitutional Commentary, the Harvard United Nations Office of Counterterrorism the NYU Law Review. journal of Law and Policy, the Harvard Human and the Israeli Ministry of Foreign Affairs, Rights Journal, and Ethics & International where she focused on arms control and Martin S. Flaherty Affairs. non-proliferation of weapons of mass Leitner Family Professor; Co-Director, Leitner destruction. In addition, Elena previously Center for International Law and Justice Julian G. Ku served as an intelligence analysis officer Fordham University School of Law Senior Associate Dean for Academic Affairs at the Israel Defense Intelligence Research Martin S. Flaherty is Leitner Family Professor and Maurice A. Deane Distinguished Unit.
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