Sunday, September 27, 2009

Conference: Judicial Review in US/Canadian comparative perspective at SEALS

Procedure and fed courts folks might be interested in the following announcement for a panel at SEALS:

A U.S./Canada Comparative Law Workshop will be held at the SEALS 2010 Annual Meeting at the Breakers Resort in Palm Beach, Florida. The workshop will consist of four discussion sessions of two hours each, which will take place over two days during the SEALS annual meeting. Two of the sessions will focus on public international law issues, and two will focus on private international law matters.  The purpose of the discussion sessions is to facilitate roundtable discussion in a non-traditional, non-panel format.

The public law and private law discussion topics for this workshop are as follows.  Each topic is intentionally broad, so as to facilitate discussion from a variety of angles.

Public Law Topic:  Comparative U.S./Canadian Perspectives on Judicial Review and the Role of Courts in Enforcing Fundamental Human Rights.  Participants will consider the role of courts in enforcing constitutional norms, as well as the proper function of a constitutional court in a democratic polity. Relevant potential discussion paper topics might address, for example, the ways in which judicial review in the United States and Canada is similar (or different), whether the federal courts in both jurisdictions perceive their roles in similar ways, and the question (problem?) of institutional legitimacy, for example, does Bickel*s famous "countermajoritarian" problem have any transborder significance?  Other potential questions within the scope of this topic would include, but not be limited to, (1) whether the express grant of a power of judicial review matters or affects the strength of judicial review, (2) the proper role of courts  vis-Ă -vis the national legislature, (3) the question of *balancing* competing constitutional considerations, and (4) the appropriate role of foreign and international law in construing the scope and content of domestic human rights.  Papers should consider a topic related to the role and function of courts and judges in establishing and enforcing constitutional limitations on the more democratically accountable branches of government.

Private Law Topic:  Comparative U.S./Canadian Perspectives on Free Markets, Regulation, and the Government's Role in Responding to the Financial Crisis.  Participants will consider a broad range of U.S. and Canadian views on market regulation and the role of government in the
marketplace.  Relevant potential paper topics might address, for example, Canadian versus U.S. approaches to transnational and multilateral regulatory cooperation or harmonization,  considerations of federalism in market reform and regulation in each country, and the effect of U.S. and/or Canadian regulatory or deregulatory measures during the recent financial crisis (such as in the banking sector).  Other potential topics to be addressed might include, but not be limited to, (1) Canadian and U.S. perceptions regarding market operation and wealth redistribution policies, (2) comparative perspectives on labor market regulation, (3) proposals for greater transnational U.S.-Canada financial policy coordination, and (4) trans-border environmental considerations in market regulation.

Individuals wishing to participate in the discussion of either topic are invited to submit a brief discussion paper of approximately 5-10 pages on a subject of their choice.  Papers longer than 20 pages (double-spaced) will not be considered.  All papers will be reviewed, and accepted papers will be distributed to all workshop participants prior to SEALS 2010.  Accepted papers will not count for the SEALS "one panel rule," meaning that persons whose papers are accepted
still may participate as a panelist or moderator on another panel at SEALS 2010.

Papers must be received by Friday, January 22, 2010 in order to be considered.  Please submit papers by e-mail to Professor Greg Bowman (Mississippi College School of Law; visiting at West Virginia University in 2009-2010) at Submitted papers will be reviewed by
Mark Drumbl (Washington & Lee), Bruce Elman (Windsor), Mike Floyd (Samford), Ian Holloway (Western Ontario), Ron Krotoszynski (Alabama),and Greg Bowman.  Our plan is to try to publish these papers in a symposium format.

Space for participants is limited, so if you are interested in participating, please contact co-chairs Ron Krotoszynski (; 205-348-0420) or Greg Bowman; 601-906-4422).


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