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Transcript of Symposium Transcript of Symposium Date: September 27, 2019 Case: TBD/American University Washington College of Law Planet Depos Phone: 888.433.3767 Email:: [email protected] www.planetdepos.com WORLDWIDE COURT REPORTING & LITIGATION TECHNOLOGY 1 (1 to 4) Transcript of Symposium Conducted on September 27, 2019 1 3 1 1 C O N T E N T S 2 AMERICAN UNIVERSITY 2 Welcome 4 3 WASHINGTON COLLEGE OF LAW 3 Panel 1 Prison Reform in the United 12 4 4 States and Abroad 5 A GLOBAL LAWYER: 5 Panel 2 Building a Human Rights 74 6 A symposium Celebrating the Contributions 6 Community In Israel: 7 Of Herman Schwartz to the Rule of Law 7 The Impact of the New 8 8 Israel Fund Herman 9 September 27, 2019 9 Schwartz Fellowship 10 9:00 a.m. 10 Luncheon Conversation 146 11 11 The Contributions of 12 12 Professor Herman Schwartz 13 13 to Human Rights and the 14 14 Rule of Law 15 15 Panel 3 Perspectives on Voting Rights 186 16 16 And Social Justice 17 17 Panel 4 Comparative Constitutionalism 257 18 18 From Theory to Practice 19 19 20 Job No.: 265873 20 21 Pages: 1 - 324 21 22 Transcribed by: Molly Bugher 22 2 4 1 Symposium held at: 1 PROCEEDINGS 2 2 PROFESSOR SAEZ: All right. So, we're 3 3 going to get started. We have the guest of honor 4 AMERICAN UNIVERSITY 4 with us. So, good morning, my name is Macarena 5 WASHINGTON COLLEGE OF LAW 5 Saez, and I'm the director of the Center for 6 4300 Nebraska Avenue 6 Human Rights and Humanitarian Law here at 7 Washington, DC 20016 7 American University Washington College of Law. 8 9 8 And along with my colleague, Fernando 10 Audio recorded by Julie Ouedraogo, 9 LaGuarda, who's the director of the Law and 11 Reporter and Notary Public in and for the District 10 Government Program, we are really happy to 12 of Columbia. 11 welcome you all here to this symposium called, A 13 12 Global Lawyer Celebrating the Contributions of 14 13 Herman Schwartz to the Rule of Law. 15 14 It was not easy to decide what topics 16 15 we should cover for this symposium, because in 17 16 his written productive career as an attorney, 18 17 scholar, activist, and thinker, our colleague and 19 18 friend, Herman Schwartz, has had a tremendous 20 influence in many different areas of the law. 21 19 22 20 The topics we chose have been influenced by 21 Herman's writings and actions, and have had an 22 important development since Herman started his PLANET DEPOS 888.433.3767 | WWW.PLANETDEPOS.COM Transcript of Symposium 2 (5 to 8) Conducted on September 27, 2019 5 7 1 career, his law career, more than 30 years ago. 1 I am especially grateful for all that you've 2 A couple of days ago, I had a 2 done, and all that your wonderful colleagues at 3 conversation with a colleague about what is 3 the Center for Human Rights and Humanitarian Law, 4 relevant in academia. And I was arguing that, in 4 and also the Program on Law and Government, and 5 my opinion, there are two distinctive types of 5 Fernando LaGuarda have done to bring us together 6 scholars, those who aspire to have a name among 6 today as a community in celebration of our 7 their peers, and those who aspire to take the 7 beloved colleague. 8 conversation to the level of making a difference 8 And on behalf of American University 9 in the real world. 9 Washington College of Law, welcome to A Global 10 I think few scholars are able to 10 Lawyer, a Symposium Celebrating the Contributions 11 achieve a level of success in either of those 11 of Professor Herman Schwartz to the Rule of Law. 12 camps, and even fewer become a name both for 12 It is an honor to be part of this celebration of 13 their theoretical contributions, and their 13 our dear colleague, Professor Herman Schwartz, 14 influence in policies and protections of rights, 14 and his formidable and ongoing legacy. And it is 15 and Herman embodies that combination of scholar 15 a testament to that legacy that we have the 16 and activist that is so difficult to find, and 16 privilege of welcoming so many distinguished 17 that we should seek and encourage more. 17 guests to speak on a rich array of absolutely 18 I have no doubt that today's panels 18 critical topics. Topics that Herman has 19 will be full of productive and dynamic 19 championed his entire career. 20 conversations, and each panel will be a real mini 20 Professor Schwartz has led in 21 master class for all of us today, especially for 21 championing what matters, which is the motto of 22 law students. I also hope that each panel will 22 this great law school. I especially want to 6 8 1 inspire more young professionals to use their law 1 recognize all of you who have taken the time to 2 degrees to stop injustices, and strengthen the 2 be here with us today, and I want to underscore 3 rule of law in the United States and abroad. 3 the words of Maya Angelou, who once famously 4 One last thing I have to mention before 4 said, "If you are going to live, leave a legacy. 5 I give up to our Dean, Camille Nelson, to 5 Make a mark on the world that cannot be erased." 6 officially open the symposium for us, is that 6 And I do believe that is what our dear 7 there is a poster board of the flyer that we did 7 friend and beloved colleague has already done. 8 for the symposium outside, and there are lots of 8 When we look back at what Professor Schwartz has 9 sharpies out there, so if you want to greet 9 accomplished for this law school, for local 10 Herman in that poster board, you can do so in 10 communities across the country, across the 11 every of the breaks, and during the reception 11 nation, for individuals and organizations, 12 today. 12 indeed, around the world, it is obvious that he 13 So, thank you again for being here, and 13 has left a lasting legacy. 14 I want to invite in Camille Nelson to officially 14 One that cannot be erased. One marked 15 open the symposium. Thank you. 15 by his intellect, his compassion, his passion for 16 MS. NELSON: Good morning everyone. 16 humanity, and his friendship, an enduring 17 I'm going to try that again, if it -- we're 17 friendship. For decades, Professor Schwartz has 18 celebrating Herman, so good morning everyone. 18 been known as The Happy Warrior, for his work 19 AUDIENCE: Good morning. 19 done to advance civil rights, civil liberties, 20 MS. NELSON: Wonderful. Thank you, 20 and human rights here at home and around the 21 Macarena. Thank you, Professor Saez, for that 21 world. 22 very kind introduction, and for kicking us off. 22 These causes have been the focus of his PLANET DEPOS 888.433.3767 | WWW.PLANETDEPOS.COM Transcript of Symposium 3 (9 to 12) Conducted on September 27, 2019 9 11 1 career as an attorney, as a teacher, as a 1 Further, Professor Schwartz has 2 scholar, as an advisor, as an advocate, and as an 2 litigated major constitutional cases, and was 3 active participant in public debate. With great 3 counsel in well over 100 cases. Herman's work as 4 efficacy and never-failing good humor, Professor 4 the American Civil Liberties Union expert on 5 Schwartz's professional energies have been 5 electronic surveillance produced pathbreaking 6 devoted to battling discrimination and 6 studies on the use and effectiveness of 7 oppression, while promoting social justice for 7 wiretapping and bugging, particularly related to 8 all. 8 the use of the Crime Control and Safe Streets Act 9 Listing all of Professor Schwartz's 9 of 1968. 10 achievements would take more time than we have 10 Professor Herman Schwartz, on behalf of 11 today, tomorrow, the weekend, next week, going on 11 American University Washington College of Law, 12 throughout October, so I'd like to take a moment 12 this wonderful community, we cannot thank you 13 to just briefly underscore and highlight some of 13 enough for your myriad, exceptional, 14 his remarkable achievements, and quite frankly, 14 extraordinary contributions. 15 iconic moments that have shaped his incredible 15 I, and I know we all are, frankly, in 16 legacy. 16 awe of all you have achieved, and remain truly 17 In the early 1970s, he conceived the 17 grateful for these accomplishments, and for your 18 idea of a Law Teachers Association that became, 18 ongoing commitment to educating our students, and 19 under the leadership of Professor Norman Dorsen 19 representing the law school exceptionally over 20 of NYU, The Society of American Law Teachers. An 20 many, many decades. Your footprint is 21 organization that endures today, and an 21 tremendous. 22 organization, a progressive organization, that 22 Once again, to all of you here today, 10 12 1 many of us in this room, and outside of this 1 and to those who will join us throughout the day, 2 room, have been a part of, and I see many of you 2 it is my great honor to welcome you all to WCL and to today's symposium.
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