November 6, 2009
French and American Constitutionalism: Panel Discussion
On November 11, 2009, at 6pm, in New York City, Cardozo School of Law is sponsoring a discussion comparing how the United States and France cope with globalization and internationalization of law.
The discussion is sponsored by Carozo's Floersheimer Center for Constitutional Democracy and the Program on Global and Comparative Constitutional Theory.
One of the speakers is SCOTUS Associate Justice Stephen Breyer.
More information and registration details here.
November 4, 2009
Racial and Economic Integration of K-12 Schools: Conference
Reaffirming the Role of School Integration in K-12 Public Education Policy: A Conversation Among Policymakers, Advocates and Educators is the title of a conference to be held at Howard University School of Law Washington, D.C. on Friday, November 13, 2009.
The Conference is organized by the Charles Hamilton Houston Institute for Race & Justice (at Harvard Law School).
The organizers intend to bring "together a wide range of government officials to converse with educators, civil rights advocates, and scholars who support racially and economically integrated K-12 public schools. Participants will learn about racial and socioeconomic integration incentives in current and proposed federal policies, regulations and spending programs. Panelists and audience members also will discuss current integration efforts on the ground that sustain quality integrated schools and stable communities."
Certainly, the continuing impact of the Court's 2007 opinion in Parents Involved in Community Schools v. Seattle School District 1 will be a topic for discussion. Speakers include Theodore Shaw, Susan Eaton, and john powell, as well as a wide array of government officials.
Registration reportedly ends this Friday. More information here.
November 2, 2009
Health Care Constitutionality Revisited
Recently, this blog discussed an article considering the constitutionality of the current health care proposals. More developments have occurred since that writing. As promised, here is an update.
In a column for politico.com, Erwin Chemerinsky, noted Con Law scholar and Dean of the Law School at UC-Irvine, wrote that Congress could certainly pass the proposed legislation under the commerce, taxing, or spending powers. The dean cited Gonzales v. Raich in support of the commerce clause arguments. He concludes, "
As the debate on health care develops, we will continue to keep you posted on the constitutional issues.
Who is Lady Brenda Hale?
"A home maker as well as a judge, she thoroughly enjoyed helping the artists and architects create a new home for The Supreme Court." The Supreme Court in question is the new Supreme Court of the United Kingdom.
Brenda Hale, whose full title is Lady Hale, Justice of The Supreme Court, The Right Honorable the Baroness Hale of Richmond, is the only woman on The Supreme Court. In addition to describing her as a "home maker as well as a judge," The Supreme Court's website biographical entry states:
Lady Hale became the United Kingdom’s first woman Lord of Appeal in Ordinary in January 2004, after a varied career as an academic lawyer, law reformer, and judge. She is now the first woman Justice of The Supreme Court.
After graduating from Cambridge in 1966, she taught law at Manchester University from 1966 to 1984, also qualifying as a barrister and practising for a while at the Manchester Bar. She specialised in Family and Social Welfare law, was founding editor of the Journal of Social Welfare and Family Law, and authored a pioneering case book on ‘The Family, Law and Society’.
A 2004 profile of Lady Hale in The Guardian, when Hale was the first woman and the youngest to join The Supreme Court's predecessor, is less staid. The Guardian described how Hale served on the Law Commission presiding over a "far-reaching revamp of family law including no-fault divorce," which was seen by some as subverting family values. Apparently, her personal life also came under scrutiny: She and a fellow Law Commissioner were scolded for marrying each other "only nine days after her divorce and ten days after his."
Opponents to her judicial appointment criticized her as a "hardline feminist," although according to The Guardian Hale admits to being a "being a "softline" feminist who believes in equality for men and women." Yet she has also agreed that women judges are different from male judges.
Justice Brenda Hale and Justice Ruth Bader Ginsburg participated in an hour long discussion at Georgetown last year. Hale's discussion serves as an excellent primer of the British judicial system, including the powers of the judiciary to declare a law void. Ginsburg and Hale address their Court's citation of international law and foreign law.
The UK Supreme Court website, including the cases for the Michelmas term, is also worth a look.