Events

Questions?

624 East Third Street
Bloomington, IN 47405
812-856-7372

ccd@indiana.edu

Past and Upcoming Events

CCD Business Meeting

April 13, 2017 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Annual Banquet

April 7, 2017 (7:00 – 9:00 PM)
Maurer School of Law Faculty Lounge

CCD Annual Symposium

April 7, 2017 (11:00 AM – 5:00 PM)
Maurer School of Law Moot Court Room

PhD Student Keynote Panel

April 6, 2017 (4:00 – 6:00 PM)
Location TBD

Speaker: Sumit Bisarya (International IDEA)

March 29, 2017 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Maureen Hoffmann (University of Arizona)

Language Use and Identity among High-School-Aged Refugees from Burma

March 23, 2017 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

March 9, 2017 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Lauren Coyle (Princeton)

March 3, 2017 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Cyanne Loyle (IU Political Science)

January 26, 2017 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

January 19, 2017 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

November 17, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Steve Sanders (IU Law)

November 10, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Erin Daly (Widener Law)

Environmental Dignity Rights

November 4, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Amy Cohen (Ohio State Law)

October 20, 2016 (12:00 – 1:00 PM)
Maurer School of Law Room 335

Speaker: Beverly Stoeltje (IU Anthropology)

Constitutional Chieftaincy: The Uses of Modernity in Ghana

October 6, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

While maintaining their pre-colonial responsibilities according to Custom, Ghanaian Chiefs and Queenmothers are deeply engaged with social and political affairs, local and national, though they are prohibited from running for electoral office. Focusing on Chieftaincy, the National House of Chiefs and the Constitution of Ghana, we will view how Ghanaian modernism accomplishes its modernity, specifically how Ghanaians have systematized, deployed, and made use of modern forms and structures in combination with the indigenous political system to provide leadership. Though there are many hundreds of chiefs in Ghana, one individual, the Paramount Chief of Juaben, will serve to illustrate these practices. The success of the Ghanaian model suggests it could be applied elsewhere.

CCD Business Meeting

September 29, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

September 22, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

September 15, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Adam Liff (IU SGIS)

Japan’s Cabinet Legislation Bureau, Defense Policy, and the Politics of Postwar Constitutional (Re-)Interpretation

September 8, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

In July 2014, Japanese Prime Minister Shinzo Abe’s Cabinet announced a historic, deeply controversial ‘reinterpretation’ of Japan’s (never-revised) 1946 Constitution’s Article 9 ‘peace clause’ to allow the limited exercise of ‘collective self-defense’— the UN Charter-sanctioned right of all sovereign nations to use military force to aid an ally under attack. To domestic proponents, Abe’s tactics and the result were constitutional, strategic imperatives necessary to bolster deterrence in response to a perceived worsening regional threat environment. To critics, they were an unprecedented betrayal of Article 9’s original ‘pacifist’ intent and brazen violations of Japanese “constitutionalism” and democracy.

This talk examines the role of historical precedent and politics in shaping the 2014 Cabinet Resolution. In particular, it analyzes the unique, enabling postwar deference of Japan’s Supreme Court to the Cabinet Legislation Bureau on politically incendiary issues relating to defense policy. It ends with a brief discussion of prospects for formal revision of Article 9 since the July 2016 Upper House election gave pro-revision parties unprecedented two-thirds super-majorities in both houses of the Diet.

CCD Business Meeting

September 1, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

August 25, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Dan Brinks (University of Texas at Austin)

Governing with Courts: The DNA of Constitutional Justice in Latin America

April 14, 2016 (4:00 – 5:00 PM)
Maurer School of Law, Faculty Conference Room

CCD Annual Symposium

Friday, April 8, 2016
11:00AM – 5:00PM
Maurer School of Law, Faculty Conference Room

Speaker: Miguel Schor (Drake University)

The Federalist as a Primer on Constitutional Design: Separation of Powers and Written Constitutionalism

April 7, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

The Federalist is primarily read as a guide to the meaning of the Constitution. It is also a primer on constitutional design that makes rich use of empirical and comparative data. This paper argues that we should make greater use of The Federalist as a primer on institutional design. The argument proceeds in two parts. The first part examines the methodology or constitutionalism of the framing generation. The framers relied on comparative and empirical arguments to conclude that liberty could best be protected for the long haul by combining separation of powers with a written constitution. Today we have over two centuries of experience, domestic and comparative, with these two institutions. The second part examines how well they have weathered the test of time. The short answer is that separation of powers is working poorly and written constitutionalism does not work as advertised.

CCD Business Meeting

March 31, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Jon Simons (Indiana University)

Why is liberal democratic peace always at war? Violence and Divine Peace

March 25, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Informational Session for JD Affiliate Applicants

March 23, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: James Scott (Yale University)

The Importance of Preservation of Historical Memory, Commemoration, and Civic Life

March 10, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: James Robinson (University of Chicago)

Committing Not to Build a State: Colombia in Comparative Context

March 7, 2016 (4:00 – 5:00 PM)
Law 120

There has never been a consensus in Colombia, either at the elite level or elsewhere in society, to create a state that could exercise authority over vast areas of the country. Instead, historically an equilibrium emerged where the right to rule has been shared with various local elites or groups. This system dates at least to the Rionegro Constitution of 1863, which introduced a hyper-federal system where national elites could exercise little power over the constituent regional elites. At the time there was a great deal of concern that one faction of the elite, possibly in Cundinamarca, might launch a state building project or try to establish hegemony over the rest of the country. This was avoided by policies such as Law 20 of 1867 which declared that

“Article 1. When in any state a group of citizens arises with the objective of overthrowing the existing government and organizing another, the government of the Union shall observe the strictest neutrality between the belligerent groups.”

The Colombian state legislated its own lack of the monopoly of violence. Though this law was repealed in 1880 in many ways the spirit of it lives on in Colombia. Even more profoundly the absence of a hegemonic threat was guaranteed by making armed rebellion against the state a practically legal and legitimate activity. As recently as 1980 the Colombian Penal Code had the following clause:

“Title II Crimes Against the Constitutional Regime,
Chapter I Of rebellion, sedition and riot
Article 125. Rebellion. Those who by use of arms to overthrow the National Government, or who delete or modify the legal or constitutional regime by force, incur imprisonment of from three to six years.”

Hence armed rebellion against the government was punishable by three to six years in prison! The 1936 Penal code stipulated penalties of from sixth months to four years in prison. The 1980 version of this clause was only repealed by Law 599 of 2000, but still ‘political crimes’ are treated very leniently in Colombia.

In this lecture I will argue that the almost legal and legitimate nature of sedition in Colombia has been a way for elites in Bogotá (or indeed elsewhere) to commit not to initiate a state building project. Such trade-offs are not unusual (consider the movement from the Articles of Confederation to the Constitution in the US and were central to the architecture of many states in pre-colonial Africa, for example in Zululand). Nevertheless, I will analyze why Colombia ended up with such an extreme version of this equilibrium and argue that it this which explains why Colombia has experienced the most intense and long-lived guerrilla insurgency in the Americas and why it became the drug dealing and kidnapping capital of the world for many decades.

CCD Speaker: Gedion Hessebon (Addis Ababa University)

Developmentalism: A Friend or a Foe to Constitutional Democracy in Africa

March 3, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

While there is no gainsaying the fact that constitutional democracy has made significant advances in sub-Saharan Africa over the past two decades, at the same time, it is obvious that it faces many challenges to its entrenchment and consolidation. One such challenge to constitutional democracy in sub-Saharan Africa seems to be the “Developmental State” model. The thinking behind the developmental state model, inspired by the economic success of East Asian countries like Korea, Taiwan and Singapore challenges the relevance and legitimacy of the liberal model of constitutional democracy in Africa. In a way, the emerging developmentalist discourse seems to be a reincarnation of similar arguments deployed to jettison democracy in the 1960s and 70s by the post-independence political elite of Africa. Nevertheless, given how this discourse resonates with the popular demand for socioeconomic progress and transformation, advocates of constitutional democracy should be careful not to fall into the trap of creating a false dichotomy between development and constitutional democracy. The aim of this paper is to present a defense of the core elements and features of the liberal democratic constitutional model by showing its potential contribution to socio-economic development. With this objective in view, the author will first discuss how the developmentalist discourse has been/is being deployed in various African countries, particularly in Ethiopia, Rwanda and Ghana in debates concerning constitutional reform and implementation. This discussion will highlight both the benign and malignant strains of such developmentalist discourse. Finally, by relying upon the Glenister v. President of South Africa (2011) decision of the South African Constitutional Court, the paper will try to illustrate the significance and importance of core elements of a liberal constitutional democratic model for development. By doing so, the paper aims to show that the aspiration of most Africans for development and democracy can and should be aligned in a way that recognizes the potential for constitutional democracy and development to be mutually reinforcing processes.

CCD Business Meeting

February 25, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Samuel Issacharoff (New York University)

Fragile Democracies

February 19, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

This talk will focus on three points:
1. The challenge of democracy as a state-building exercise, and the departure that this signals from the solidaristic conception of democracy for 19th century liberal thought (e.g. Mill, Tocqueville). The latest effort to stabilize governance has been the creation of constitutional courts in virtually all newly minted democracies, particularly those of the Third Wave post-1989.
2. The role that these courts play is a marked departure from the American anguish over the legitimacy of judicial review and the political question doctrine. They are set up to superintend democracy and they engage cases that would have seemed impossible a half century ago.
3. What are the prospects for court-focused democracies? The historical account 25 years after the fall of the Berlin Wall is mixed at best, and there are strong reasons to be pessimistic.

Speaker: Federica Caraguti (Indiana University)

Constitution and Coordination: Law, Democratic Consolidation, and Economic Growth in the Aftermath of War in Classical Athens

February 11, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

At the end of the 5th century BC, a prosperous imperial democracy embarked on a long and demanding war. The conflict severely strained Athens’ resources, compromised its commitment to democracy, and plunged the city into civil war. Within a few years, Athens was again a prosperous democracy. How did the polis manage to rebound so definitely? I argue that to overcome the crisis, the Athenians established a new, self-enforcing constitution. The new constitutional order returned stability to the city because it was grounded on a broad consensus on legality as the bulwark of constitutional government. The constitution also laid the foundation for successful economic recovery by fostering investments in institution building and infrastructure. These investments lowered the threat of violence by raising its costs. This article brings new empirical evidence to bear on the question of the institutional roots of democratic consolidation and economic resilience in the aftermath of war.

CCD Business Meeting

February 4, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

January 28, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

January 21, 2016 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Ahmet Evin (Istanbul Policy Center)

Turkey after the elections: Policies and perceptions in the region

November 24, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Diana O'Brien (Indiana University)

Quotas for Women in Politics Worldwide

November 19, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

More than 50 countries worldwide now implement gender quotas to ensure the selection of female candidates for elected office. Over 100 political parties have voluntarily adopted similar policies. The widespread diffusion of quotas raises important questions for scholars and practitioners alike: where and when are these policies adopted? How do they affect the number and quality of female politicians? Do quotas influence women’s subsequent selection to, and survival in, more important political leadership posts? Drawing on a broad set of scholarship, I demonstrate that quotas are often an effective tool for increasing women’s presence in elected office. These policies, moreover, do not result in the election of “unqualified” women, and can in some cases even promote women’s ascension up the political ladder.

Speaker: Johanna Bond (Washington and Lee University)

Gender, Sexuality and Human Rights in Sub-Saharan Africa

November 12, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

This Article argues for the adoption of a gender-based framework as a supplement to rights promotion strategies and campaigns based on LGBTI identity. The Article draws upon feminist, queer, and trans theory to develop an expansive understanding of gender within international human rights fora, which will catalyze more systematic promotion of LGBTI rights. Although applicable across a variety of geographic contexts, this Article uses sub-Saharan Africa as an illustrative case study and concludes that a gender focus offers both conceptual and pragmatic benefits in the struggle to promote LGBTI rights in the region. Specifically, the Article argues that the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW Committee) has failed to meaningfully and systematically address discrimination and violence directed at LGBTI communities. An expansion of the CEDAW Committee’s interpretation of gender would encourage the Committee to consider rights violations perpetrated against those who do not conform to gender norms, including normative expressions of masculinity and femininity. First, a focus on non-normative gender expression and sexuality expands our understanding of affected individuals to include those who would not necessarily identify as gay or lesbian but who, nevertheless, do not conform to traditional norms of sexuality and gender expression. Second, a gender framework facilitates intersectional analysis, which would allow the CEDAW Committee to more fully explore the ways in which race, ethnicity, and nationhood continue to construct sexuality in the post-colonial period. Intersectional analysis would also allow the Committee to capitalize on its success in raising awareness about and combatting gender-based violence. Finally, a gender framework also offers the CEDAW Committee and other UN treaty bodies a discursive wedge to open conversations about sexuality in places in which authoritarian homophobia would otherwise preclude such discussions.

Speaker: Maria Bucur-Deckard (Indiana University)

To Have and to Hold (II): Gender Regimes and Property Rights in Romania in the Twentieth Century

November 6, 2015 (12:00 – 1:00 PM)
Law 120

This presentation follows the changes that women experienced as a category of citizens in the area of property rights in Romania, a country that saw some of the most sweeping political regime changes in the span of the last hundred years. After a brutal war that doubled its size, within a couple of decades Romania was embroiled in another massive genocidal conflict, and soon after transformed into state socialist regime that lasted until 1989. Since then, it has made a successful transition to democratic institutions and membership in the European Union. During these fast paced changes in the political structure and ideologies, women saw important enhancements and some diminishments in their status as citizens. My analysis turns toward the specific legislative changes attempted along the way to address the profound gender inequities that existed at the beginning of this period.

Speaker: Chit Win (Australian National University)

Transition from military regime in Myanmar: From confusion to co-optation

November 5, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

October 29, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

October 22, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Cindy Daase (University of Konstanz)

What Role Do International Agencies Play in Shaping Women and Gender Responsive Constitutions?

October 15, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Constitution building and reform processes, originally perceived as belonging to the domaine réservé of the nation state, are increasingly in the focus of the international community of states. Especially through international agencies the international community of states formulates and sets procedural as well as material standards for designing constitution building and reform processes and resulting constitutional documents. These procedural and material standards also include – quasi as an underlying and/or overarching code – the promotion of gender issues with a special focus on women.

The talk will present a work in progress project and a draft co-authored book chapter with Christina Murray (University of Cape Town, UN Mediation Support Unit) that explores the role of international agencies, in particular of UNDP and UN Women and other sub-agencies of the UN, in setting up gender and women sensitive constitution building processes and shaping gender and women responsive constitutional documents. The presentation will focus on (1) conceptual challenges when approaching gender issues and the role of international agencies in constitution building and reform processes, and on (2) how to align conceptual ideas and reflections with insights we gained from the practice through interviews with people working for international agencies in headquarters and various country missions on gender and women issues in constitution building and reform processes.

Speaker: Susan Williams (Indiana University)

Constitutional Reform in Liberia

October 1, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Jack Bobo (Intrexon)

Networking for Government Jobs

September 24, 2015 (12:00 – 1:00 PM)
Law 120

Speaker: Lee Hamilton (Indiana University)

A Conversation with Lee Hamilton

September 10, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: David Williams (Indiana University)

Architecture of the Burma Democracy Movement

September 3, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

August 27, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Research Team Presentations: South Sudan & Liberia

April 16, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

JD Affiliate Program Informational Session

April 10, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Research Team Presentations: Saudi Arabia & Iraq

April 9, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Michael Alexeev (Indiana University)

The Resource Curse

April 2, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

A “resource curse” hypothesis claims that the presence of significant deposits of oil and minerals (the so-called “point-source” natural resources) reduces long-term growth rates of the economy, particularly in developing countries. Moreover, the transmission mechanisms for this negative effect on growth that are most commonly cited in the literature are the deleterious effects of point-source resources on institutional quality (via rent-seeking, for example) and on political risk. Although much of the empirical work supporting the resource curse hypothesis is highly problematic, it is clear that point-source natural resources do indeed harm some of the countries that have them. In my talk, I will briefly explain how point-source resources might undermine the country’s institutions and present the relevant empirical results. I will then examine what can be done in terms of legal arrangements to reduce the probability that significant point-source natural resources undermine institutions and political instability.

CCD Research Team Presentations: Pakistan & Bosnia

March 26, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

March 5, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Haider Al Hamoudi (University of Pittsburgh)

Negotiating in Civil Conflict: Constitutional Construction and Imperfect Bargaining in Iraq

February 26, 2015 (12:00 – 1:00 PM)
Law 124

Haider Ala Hamoudi served in 2009 as an adviser to Iraq’s Constitutional Review Committee, and he argues that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country’s three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group’s views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters’ awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.

Speaker: Yasmin Dawood (University of Toronto)

Corruption, Participation, and Representation

February 19, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

The Supreme Court’s recent election law cases have presented serious challenges to the theory and practice of democratic constitutionalism. In one of the most striking passages in the Court’s decision in McCutcheon v FEC, for instance, Chief Justice Roberts stated that citizens can exercise the “right to participate” in the following five ways: “They can run for office themselves, vote, urge others to vote for a particular candidate, volunteer to work on a campaign, and contribute to a candidate’s campaign.” Not only does this formulation implicitly establish an equivalence between the activity of voting for a candidate and the activity of contributing to a candidate’s campaign, it also allows for the possibility of reframing certain kinds of “corruption” as laudable “political participation.” Of course, it is tempting to simply dismiss the Court’s formulation as a violation of basic democratic principles. This paper suggests, however, that this new “right to participate” points to deep-seated tensions within our understanding of democratic representation and political influence. By drawing on the Court’s recent election law cases including McCutcheon v. FEC, Shelby County, and Citizens United, this paper excavates the implications of various doctrines for the complex relationship between democratic values and democratic governance.

Speaker: Andrew Reynolds (UNC Chapel Hill)

The Arab Spring: Pathways of Repression and Reform

February 12, 2015 (12:00 – 1:00 PM)
Law 124

Several years after the Arab Spring began, democracy remains elusive in the Middle East. The Arab Spring that resides in the popular imagination is one in which a wave of mass mobilization swept the broader Middle East, toppled dictators, and cleared the way for democracy. The reality is that few Arab countries have experienced anything of the sort. While Tunisia made progress towards constitutionally entrenched participatory rule, the other countries that overthrew their rulers—Egypt, Yemen, and Libya—remain mired in authoritarianism and instability. Elsewhere in the Arab world uprisings were suppressed, subsided or never materialized. The Arab Spring’s modest harvest cries out for explanation. Why did regime change take place in only four Arab countries and why has democratic change proved so elusive in the countries that made attempts? When rulers were ousted, the balance of power at the time of transition goes far in predicting the character of new constitutional provisions and the trajectory of democratization writ large.

CCD Business Meeting

February 5, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Ilana Gershon (Indiana University)

“I’m not a businessman, I’m a business, man”: How Neoliberal Logics Transform the Classic Liberal Self

January 29, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

One of critical legal studies more successful intellectual projects has been to explore how the model of the classic liberal self reveals all sorts of contradictions when put into practice under different legal regimes. In this talk, I contribute to critical legal studies’ pressing new project, to ask similar questions of the neoliberal self. I am concerned with how neoliberalism encourages people to re-imagine the employment contract (and thus tacitly many other contractual arrangements as well, such as the citizen-state relationship). Under contemporary U.S. capitalism, white collar workers increasingly view themselves as a business: they are the “CEO of me”. In this perspective, hiring resembles a business-to-business contract, a short-term connection centered upon solving market-specific problems. This has not been an easy transition for many Americans looking for jobs. The social dilemmas present in U.S. job markets reveal many problems in enacting the self-as-business model, problems that point to fissures in neoliberal logics as a whole. I am drawing upon a year of fieldwork in California’s Bay Area to address a challenge so many Americans face these days – getting a job in a neoliberal age.

CCD Business Meeting

January 22, 2015 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

December 4, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Chuma Himonga (University of Cape Town)

“The Impact of the Constitution on African Customary Law in Post-Apartheid South Africa: Recognition, Reform and Contradictions”

November 20, 2014 (12:00 – 1:00 PM)
Law 120

The aims of this paper are to assess the extent to which customary law has been recognised in Post-apartheid South Africa and the contradictions of this recognition in the context of law reform. The paper discusses the extent of recognition of customary law within the constitutional framework, which gave this law a new status with regard to its conceptualisation, legitimacy as a source of law, equality with the dominant legal system, its ascertainment and application by the courts. The paper then turns to contradictions in the recognition of this system of law that becomes evident in law reform aimed at reconciling it with human rights. Examples for this latter discussion will be drawn from the regulation of family relations by legislation.

Speaker: Sarah Phillips (Indiana University)

“War and Social Suffering: Ukraine Today”

November 13, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

The consequences of the war in Ukraine for the civilian population have received little attention in international media coverage. Thousands have been killed and held hostage, and thousands more have been forced to flee their homes in eastern Ukraine. Besides summarizing the evolution of the war to date, this talk will examine the humanitarian crises and social suffering the war has caused for affected populations.

CCD Business Meeting

November 6, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Armando Razo (Indiana University)

“Institutional Design and Executive Decree Authority”

October 30, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Executive decrees are often perceived as usurpation of legislative powers, but this common claim alone does not explain why democratic societies provide such instruments and to what degree these instruments are used on a regular basis. This talk will review the related political science literature from the perspective of strategic interactions among actors with competing interests who can design political institutions that affect the exercise of executive decree authority. The talk will address two major questions: (1) what factors explain variation in the nature of executive decree authority; and (2) what factors explain a high reliance on decrees by chief executives?

Speaker: Mark Massoud (UC Santa Cruz)

“The Tragedy of the Rule of Law in Sudan”

October 23, 2014 (4:00 – 5:00 PM)
Law 335

Speaker: Tim Waters (IU Maurer School of Law)

“The Value of Not Seceding: Lessons of the Scottish Independence Referendum”

October 16, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Jack Bobo (U.S. Department of State)

“Networking for Government Jobs”

October 2, 2014 (12:00 – 1:00 PM)
Law 120

Speaker: Karen Elliott House (Pulitzer Prize Winner, former Managing Editor, Wall Street Journal)

“Prospects for Reform in Saudi Arabia”

September 18, 2014 (12:00 – 1:00 PM)
Law 120

Speaker: Jason Gluck (United Nations)

“United Nations Constitutional Support”

September 11, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Jason Gluck, the Constitutional Focal Point for the U.N. Department of Political Affairs, will discuss how the United Nations engages with Members States in order to support constitution making. Jason will describe the evolution of constitution making assistance within the UN, as well as current projects and priorities. He will draw upon his experiences providing constitutional support in countries such as Iraq, Yemen, Somalia, Libya, and South Sudan. Finally, Jason will reflect on his recent work on the use of social media and technology in constitution making.

CCD Business Meeting

September 4, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Carol Greenhouse (Princeton University)

“Citizens United, citizens divided”

August 28, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Affiliate Informational Session

April 7, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Calling all future JD Affiliates!

Come and learn more about the CCD and our JD Affiliate program. Talk to CCD Directors David and Susan Williams, and hear from current JD Affiliates about their experiences. The 2014-15 affiliate application can be found here.

Speaker: Fiona MacKay (University of Edinburgh)

April 3, 2014 (12:00 – 1:00 PM)
Law 124

New rules, old rules and the gender equality architecture of the UN – the creation of UN Women

The creation by the United Nations of its new entity for women’s empowerment and gender equality (UN Women) in 2010/11 represents the latest effort by the UN system to design architecture that will deliver on its global commitments. Dubbed by some commentators as a “superagency” for women’s rights, UN Women has an ambitious mandate incorporating normative work and country programming. It is also charged with holding the rest of the UN system to account for its own commitments on gender equality, including regular monitoring of system-wide progress. Bringing together four smaller extant entities under the leadership of a new Under Secretary General, this fundamental restructuring aimed to address the “incoherent, under-resourced and fragmented” character of work to date on issues of women’s rights and gender equality (UN 2006; Rao 2006; Kettel 2007). The new blueprint represents the outcome of intensive negotiations and lobbying by institutional architects (member states, UN actors and global civil society) exercising power and persuasion to insert their preferences into the design of the new institution. Applying new institutionalist and feminist insights about design processes and informal institutions this paper argues that the fledgling entity has been faced from the outset with powerful legacies, the unintended consequences of design decisions – and wider institutional norms – which threaten to constrain and limit its potential.

South Korea research team update

March 27, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

China research team update

March 13, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Julien Mailland (Telecommunications, Indiana University

February 27, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

The Blues Brothers and the American Constitutional Protection of Hate Speech: Teaching the Meaning of the First Amendment to Foreign Audiences

“Skokie, Illinois, 1978. A retired black and white police car is stuck in traffic before a bridge where a political rally is being held by Nazis of the American Socialist White People’s Party. In the car, two men, wearing black suits, black hats, and black sunglasses, stand idle. The Nazis’ venomous leader delivers a racist and violence-mongering speech, which infuriates the onlookers. The Nazis are protected from the angry crowd of hecklers by a line of police. One of the men in black calmly states: “I hate Illinois Nazis,” as the other slams the gas pedal, charges the ranks of the brownshirts and stampedes them off the bridge into the water, to the cheers of the crowd. As they drive off, the soaked Nazi commander vows revenge.” (THE BLUES BROTHERS (Universal Studios 1980). Long Synopsis).

This scene from the 1980 blockbuster comedy The Blues Brothers is a popular cultural expression of a uniquely-American legal provision: the constitutional protection of hate speech by virtue of the free speech clause of the First Amendment to the United States Constitution. The legal regime for hate speech in the United States has no equivalent anywhere in the world and is baffling to non-Americans. Europeans, in particular, whose countries served as the locus of Nazism’s horrors, tend to hold the U.S. constitutional protection of hate speech in disbelief, before shaking their heads in contempt and concluding something along the lines of “those crazy Americans.” This protection of hate speech, however, makes a lot of sense in the American context. In this paper, I argue that the aforementioned scene from The Blues Brothers has great potential to elucidate the meaning of the constitutional protection of hate speech, and, more broadly, of the First Amendment, for a non-American audience. I propose that the scene be used by comparative jurists teaching the First Amendment to the United States Constitution. I focus the comparison between the United States and France, for “France and the United States start from such different assumptions regarding freedom of speech and the relationship between speech and other rights that it is virtually impossible to reconcile their competing approaches,” a situation that creates deep cultural misunderstandings, which in turn can be reconciled using this case study. France is also relevant because it is one of the countries that has taken the most aggressive stance against American companies in the context of Nazi speech distributed globally over the Internet, which has resulted, in particular, in Yahoo!, Inc. and its executives being criminally prosecuted in France for violation of anti-hate speech laws. Fostering mutual understanding between the U.S. and France is therefore particularly important in this age of global digital information distribution, and this paper suggests ways in which to engage into such conversation.

Liberia research team update

February 20, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Christina Murray (University of Cape Town, South Africa)

February 13, 2014 (12:00 – 1:00 PM)
Law 124

Constitution-making in Anglophone Africa

Events in North Africa have once again drawn attention to constitution-making processes in Africa. This paper looks south to Anglophone Africa where every country, with the exception of Botswana, has experienced some constitutional change since 1990. Many of the processes have been elaborate and a number of attempts at constitutional revision have either failed completely or failed to deliver a constitution that might provide the basis for building a democratic state.

The huge diversity of African states makes it difficult to draw general conclusions from the experience of the past 25 years. Nonetheless, focusing on a number of important examples (South Africa, Kenya, Zimbabwe and Zambia), this paper considers the catalysts for constitutional change, the processes chosen, and what has contributed to the success (or failure) of different processes. In so doing it is concerned, among other things, with the roles of citizens exercising the right of popular participation affirmed by the African Union in 1990, the roles of political elites as both initiators of and resisters to constitutional change, and the implications of the strength or weakness of political parties.

CCD Business Meeting

February 7, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Pakistan research team update

January 30, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

January 23, 2014 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

December 5, 2013 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Tom Ginsburg (Law, University of Chicago)

November 21, 2013 (12:00 – 1:00 PM)
Law School Room 124

Constitutions in Authoritarian Regimes

Constitutions in authoritarian regimes are usually considered to be meaningless pieces of paper. Yet leaders in a wide variety of such regimes spend a good deal of political energy producing these documents. Using a range of methodologies, this chapter provides an overview of the functions of constitutions in such regimes, and shows how they are different from democratic counterparts.

CCD Business Meeting

November 14, 2013 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Cindy Daase (Indiana University Jerome Hall Fellow)

November 7, 2013 (12:00 – 1:00 PM)
Law School Room 120

The Peace Agreement Challenge: Negotiating Peace and Making a New Constitution

The interconnection between internationalized peace agreements and post-conflict constitution making raises inter alia the following questions: (1) By whom and how can peace agreement constitutions and constitutional provisions in peace agreements be negotiated, in particular where can we localize the ‘pouvoir constituante’? (2) Can peace agreement constitutions be made beyond or outside prior mechanisms of constitution making or of constitutional reform as ‘extra-constitutional arrangements’? (3) Can peace agreements that amend or replace a state’s constitution be considered as a constitutional phenomenon leading to new forms of internationalized transitional post-conflict constitution making? (4) What are the risks and benefits when constitution making becomes a ‘tool’ for internationalized peace making?

At selected examples I will address these questions, and I will explore peace agreement constitutions and constitutional provisions in internationalized peace agreements between state and non-state parties as a new ‘genre’ of constitutional instruments in peace processes after intra-state conflicts. I am very much looking forward to intensively discuss these complex and interwoven questions and my work in progress on them with an interdisciplinary audience.

Speaker: Abdal-Razzaq Moaz (School of Global and International Studies, Indiana University)

October 31, 2013 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Crisis in Middle East: The Case of Syria

Speaker: Tamara Loos (History, Cornell University)

October 24, 2013 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Renegade Royalist: Anti-Monarchical Politics in Thai History

The talk focuses on the life of a renegade Thai prince named Prisdang (1851-1935), who spent half of his life abroad in political exile. He has been expunged from the mainstream record of Thai history but is well-positioned for a comeback because of his critique of Siam’s absolute monarchy in the 1880s and his (reluctant) enmity with that country’s most beloved and respected historic king, Chulalongkorn. Prince Prisdang’s decision to live in exile in 1890 has been considered a form of self-exile because the government never officially ordered his exile, his imprisonment, or his execution. However, the prince believed his life was at stake. The details of his decision-making process reveal that in the juridical and political context of turn of the century Siam, like today, no genuine difference existed between the concepts of exile by government threat and self-exile. The talk will explore parallels with notions of self-censorship in Thailand’s explosive high-stakes context of lèsé majesté today.

CCD Business Meeting

October 10, 2013 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

October 3, 2013 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Bill Scheuerman (Political Science, Indiana University)

September 26, 2013 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Barack Obama’s War on Terror

Barack Obama’s updated version of the so-called war on terror has received a free pass from most US political and legal scholars. To be sure, civil libertarians and liberal voices on the editorial pages of the New York Times have pilloried Obama for his failure to fulfill what appeared to be heartfelt 2008 campaign promises to reverse his conservative predecessor’s controversial counterterrorism policies. Yet nothing akin to the avalanche of critical books or journal articles burying President George W. Bush’s policies has emerged. In part, the difference stems from Obama’s admirable decision to abandon the Bush administration’s embrace of so-called “enhanced interrogation” (i.e., torture). The silence likely stems as well from the partisan preferences of law professors and political scientists, many of whom instinctively sympathize with Obama and his Democratic administration. Those defensive instincts have surely been reinforced, albeit inadvertently, by right-wing critics like former Vice-President Dick Cheney and ex-New York Mayor Rudy Giuliani, neither of whom seems willing to miss an opportunity in front of the TV cameras to denounce Obama for being “weak on terrorism.”

Yet Obama’s mediocre humanitarian record in the “war on terror” deserves our critical scrutiny. His disappointing legacy generates an obvious question: what happened? Here I argue that Obama’s shortcomings can be attributed substantially to the specifically presidential character of US liberal democracy, according to which the chief executive is expected to perform institutional and symbolic functions reminiscent of classical monarchy.

Speaker: David Landau (Law, Florida State University)

September 13, 2013 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Abusive Constitutionalism

This lecture identifies an increasingly important phenomenon: the use of mechanisms of constitutional change to erode the democratic order. A rash of recent incidents in a diverse group of countries such as Hungary, Egypt, and Venezuela has shown that the tools of constitutional amendment and replacement can be used by would-be autocrats to undermine democracy with relative ease. Since military coups and other blatant ruptures in the constitutional order have fallen out of favor, actors instead rework the constitutional order with subtle changes in order to make themselves difficult to dislodge and to disable or pack courts and other accountability institutions. The resulting regimes continue to have elections and are not fully authoritarian, but they are significantly less democratic than they were previously. Even worse, the problem of abusive constitutionalism remains largely unresolved, since democratic defense mechanisms in both comparative constitutional law and international law are largely ineffective against it. Some of the mechanisms most relied upon in the literature – such as the German conception of militant democracy and the unconstitutional constitutional amendments doctrine – are in fact either difficult to deploy against the threat of abusive constitutionalism or easily avoidable by would-be authoritarian actors. The lecture suggests ways to reinforce democracy against these threats, while acknowledging the extreme difficulty of the task. The phenomenon of abusive constitutionalism should impact the conversation about how the fields of comparative constitutional law and international law might best be leveraged to protect new democracies.

Speaker: Harold Koh (Yale Law)

September 12, 2013 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

The War Powers and Libya

Did President Obama act lawfully under domestic and international law in using force in Libya? And what are the implications of the domestic and international legal justifications that he offered at that time for possible military action today in Syria?

CCD Business Meeting

September 5, 2013 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

August 29, 2013 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

New JD Affiliate Orientation

August 26, 2013 (1:30 – 2:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

Final Business Meeting of the Semester
April 4, 2013
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

Business meeting and presentation by Aaron Bonar (PhD Candidate) and Nikki Tuttle (JD Affiliate) on Liberia
March 21, 2013
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

Business meeting and presentation by Jonathan Henriques (PhD Candidate) on South Sudan
February 21, 2013
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405