Events

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Bloomington, IN 47405
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Past and Upcoming Events

Speaker: Haider Al Hamoudi (University of Pittsburgh)

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

Speaker: Yasmin Dawood (University of Toronto)

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

Speaker: Andrew Reynolds (UNC Chapel Hill)

Election Design in the Middle East

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

Speaker: Michael Alexeev (Indiana University)

The Resource Curse

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

CCD Business Meeting

Business meeting and presentation by Professor David Williams and Professor Susan Williams on Burma
January 10, 2013
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Matt Rojansky (Deputy Director, Russia and Eurasia Program, Carnegie Endowment)

November 9, 2012 (12:00 – 1:00 PM)
Law School Room 124
211 South Indiana Avenue
Bloomington, IN 47405

The Transnistria Conflict: Not Frozen

Transnistria is the last remaining major politico-military conflict in Europe’s geographic center. A brief but bloody conflict in 1992 left thousands dead and the region isolated between newly independent Moldova and Ukraine. After twenty years of accepting the conflict’s “frozen” status, all sides recognize that conflict resolution is key to enabling Moldova’s successful rise from poverty and further institutional integration with Europe, and in turn to developing a stable and secure geopolitical space in the states that lie between the borders of Russia and NATO/EU member states. Having recently conducted the third round of a Track II negotiation among stakeholders to the conflict, Mr. Rojansky will describe key issues, the interests of the major international stakeholders such as Russia, Ukraine, and the E.U., and address prospects for devising an enduring settlement.

Speaker: Jallah Barbu (Law Reform Commission, Liberia)

November 2, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Remaking the Liberian Constitution: Popular Resolve in the Face of Imminent Shortfalls

After almost three decades of sustained political and military hostilities that culminated into a devastating civil war and collapse of the governance and social fabrics of their country, Liberians have embarked on rebuilding Liberia. Democratic elections were held in 2005, ushering in a new government which was re-elected for another six year term, in the recent 2011 hotly contested general and presidential elections. The country has now launched a robust national reform program to encompassing economic, social and legal/constitutional reform.

In furtherance of the national law reform program, the current constitution established in 1986 under military rule has been subjected to review and possible amendments. The Constitutional Review Committee, Law Reform Commission of Liberia and Governance Commission of Liberia are directing the review expected to be substantially funded by the Government of Liberia.

Despite popular demand and the government’s move to review and amend the constitution, the process has begun to experience several impediments, with much more looming in its corridors.

What are these hurdles? How could they adversely affect the national law reform process in general and constitution review in particular? What could be done to avert this problem?

Speaker: Abdulaziz Al Hussan (Managing Partner, Osool Law Firm, Saudi Arabia)

November 1, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Constitutional Questions and Reform in the Kingdom of Saudi Arabia

This talk will focus on issues related to the constitution, such as: Is there a constitution in the Kingdom? What is the rule of the Basic Law? What is the form of the government and what are its branches? Is there a check and balance concept? How is the succession to the throne determined? How does the Allegiance Council work? We will also address reform in the last 20 years, what kind of reform was implemented, what are the new institutions, how the reform movement started, the reaction of the government, and what kind of reform movement we are seeing on the ground in the next 20 months.

Speaker: Lee Waldorf (UN Women)

October 26, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Women’s human rights deficits in legal frameworks: a global perspective on the rule of law

The 193 Member States of the United Nations have, over the years, made numerous commitments to advance gender equality, and as of 2012 almost all have ratified the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). At the most recent session of the General Assembly in New York this fall, there was unanimous endorsement of the principle that establishing the rule of law requires equal access to justice for women. Yet the much repeated language of “equal access” is too optimistic about the progress of gender equality. It implies that the primary difficulty lies with service delivery, rather than with the rules framing the game itself. It is crucial that greater recognition be given to the challenges women are still confronting in their countries’ constitutional and legislative frameworks.

In some instances the law has directly, explicitly discriminated against women – denying them the right to pass nationality to their children, or restricting their ability to hold elected office or undertake certain forms of employment. But the much more frequent and widespread contributor to gender inequality is not state action but rather the state’s inaction. This takes the form of legislative gaps in areas of fundamental concern to women, such as gender-based violence. The absence of domestic violence legislation, the failure to recognize marital rape as a criminal offence, the exemption of “crimes of honor” from prosecution, and the absence of sexual harassment legislation have all been the subjects of increasingly successful challenges from women’s organizations across the regions. There is also a chronic failure to take responsibility – as required by CEDAW – for the discriminatory impact of facially gender neutral laws, and resistance to passing the gender sensitive legislation, adequately supported by changes at the policy, administrative and budgetary levels, necessary to achieve equality of results for both men and women. Another critical manifestation of the state’s failure to act is the de facto abdication of responsibility for justice, through its transference to non-state actors. Constitutions across the regions regularly single out personal laws, which affect matters such as marriage, divorce, children, property and inheritance, for exemption from constitutional non-discrimination and gender equality protections, and for unregulated control by religious, traditional or customary authorities.

The question of culture difference has dominated recent debates on women’s human rights, and when being reviewed for their compliance with international treaties such as CEDAW, governments frequently cite culture as limiting their ability to meet their obligations. However, as the UN Special Rapporteur in this field has recently noted, the conventional perception of a radical disjuncture between the state and culture is mistaken. Decisions taken by the state about the extent to which its authority will be exercised have helped create rights-free zones, in which discriminatory cultural stereotypes and practices appear as uncontestable facts of life. Women’s struggles for legal change have certainly involved cultural challenges, but from a human rights perspective the demand is, most essentially, that the rule of law be extended equally for both men and women.

Speaker: William Weeks (Law, Indiana University)

October 4, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

The Environment in Constitutions, an Introduction

Most national constitutions make mention of the environment. Some provide for enforcement of rights deriving from the recognized necessity environmental protection. Others simply declare a healthy environment a fundamental right, or its protection a governmental duty. A notable constitution declares that nature has “the right to integral respect.” It may be worthwhile to ask why these provisions are included in constitutions. One way to consider the question in a familiar context is to consider a United States Constitutional Amendment guaranteeing a healthful environment.

CCD Business Meeting (Sept 20)

Business Meeting
September 20, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Muhammad Zubair (SJD Candidate, IU Maurer School of Law)

September 13, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

The Rocky Road of Constitution Making in Pakistan

The British quit the Indian colony after the II WW and transferred power, under the Indian Independent Act, 1947, to the two states of India and Pakistan, which emerged on map of the world. The demand for Pakistan was based on the Two-Nation theory articulated by the Mr. Muhammad Ali Jinnah. The Two-Nation theory claimed there were mainly two nations in British India, the Hindus and Muslim and that the latter would become a minority in united India.

The two-nation theory attempted to give a unified and artificial identity to the Muslims of India on the basis of religion and denied their cultural, linguistic and ethnic diversity. After Pakistan came into being, this diversity soon asserted itself in the constitution making process and at least in form, if not substance, a federal system with parliamentary form of government was adopted by the constitution-makers. It took 9 years for the constituent assembly/ies to draft the first constitution of Pakistan since 1956.

Pakistan can be rightly called the laboratory of constitutional experimentation – but not for the right reasons! In its 65 years life, Pakistan has had 3 major constitutions (Constitutions of 1956, 1962 and 1973) and 5 interim constitutions (Government of India Act, 1935 and Provisional Constitutional Orders of 1969, 1977, 1999 and 2007).

The British trained colonial civil and military oligarchy never allowed the politicians to provide for a healthy federal design that could strike fine balance between the power of the federal government and autonomy of the federating units. Instead, a very strong federal government was provided under the constitution which left very little room for autonomy of the federating units and expression of their cultural, ethnic and linguistic diversities and identities. In 1947, only 3% of the people spoke Urdu that was forced upon the people (speaking Bengali, Pashto, Sindhi and Baluchi) as a national language identifying the same as the language of Muslims. It led to bloody war in 1971 and breaking away of East Pakistan – now Bangladesh.

Successive coups by the military (1958-1970, 1977-1988 and 1999-2008), consequent derailment of the constitutional systems and judicial justification of such coups by the handpicked judges of the Supreme Court also added to the centralization of power in hands of the federal government. With each military coup the parliamentary system was weakened by transferring the executive powers of the elected Prime Minister and his Cabinet to the office of the President, assumed by the military dictator. The elected parliament would be brought under the executive authority of the President. Each time, when the so-called democracy would get restored (1970, 1988, 2008), the parliament would again shift executive powers to the Prime Minister and itself. This vicious circle goes on. The most recent attempt by the civilian elected in this regard is the 18th Amendment (2010).

Religion was ingrained in the constitutional scheme and used by the otherwise secular military establishment as a tool of legitimacy and a crude attempt at homogenization and imposition artificial identity of nationhood on the people of Pakistan. Once becoming part of the constitution, no civilian government could dare to touch the Islamic provisions of the Constitution. However, the mission of incorporating Islam into the Constitution for cementing the artificial identity of ‘nation’ and suppressing the diverse identities of people has failed in achieving its objectives. Rather it has had unintended consequences: the rise of extremism and terrorism in Pakistan

International events and Pakistan’s relationships with its neighbors have also influenced the constitution design of Pakistan. For example, ‘the strategic depth policy’ towards Afghanistan and Kashmir dispute with India has prevented Pakistan from incorporating the FATA (Area between Pakistan and Afghanistan) and Gilgit Bildistan into the mainstream Pakistan and thus depriving people from their democratic liberties and access to justice. These areas remain under the direct control of federal government with a special constitutional arrangement. The people of the areas do not have fundamental rights and constitutional protections, as the jurisdiction of the Courts is not extended to such areas. Thus, the non-state actors (terrorist groups) have filled in the political and legal vacuum in these areas that are not only threatening the stability of Pakistan but also the regional and international peace.

Pakistan’s role as a frontline state during the cold war and the war on terrorism has also contributed significantly to the centralization of powers, denial of autonomy to the federating units and strengthening the position of the President. International community found it convenient to coopt the military dictators during the cold war and war on terror thus giving them license to make the constitution a nose of wax.

Baluchistan, territorially the largest province of Pakistan, is going through full-blown secular insurgency. The Baloch nationalists demand complete independence from Pakistan. The Baloch people had initially started from demanding political and financial autonomy within the framework of Pakistan. FATA (Federally Administered Tribal Areas) has completely been taken over by the terrorists and the province of Khyber Pakhtunkhwa is on the verge of falling into their lap. The collapse of Pakistan would not be an ordinary event. Pakistan is a highly destabilized country with more than 300 nuclear warheads.

The federal constitutional design of Pakistan is the product of historical, sociological, religious, national and international political factors. The present centrifugal tendencies threatening the dismemberment of Pakistan and regional political stability was / is inherent in its centripetal federal constitutional design and defective parliamentary system in which the largest province of Panjab as a loin’s share in power. It will only be through some serious constitutional engineering that would put the things right.

CCD Business Meeting (Sept 6)

First business meeting of the year/introductions
September 6, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Stephen Gardbaum (Law, UCLA)

April 19, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

The New Commonwealth Model of Constitutionalism

I will be presenting extracts from two chapters of my above-titled book-in-progress. The book’s twin aims are (1) to present the new model as a new and general model of constitutionalism in a more systematic and comprehensive way than before, and (2) to assess whether and to what extent it is operating distinctly and successfully in practice.

Chapter two addresses the questions of what is the new Commonwealth model and what is new about it. It argues that the new model consists of two novel techniques for protecting rights: mandatory pre-enactment political rights review and weak-form judicial review. Chapter three presents the normative case for the new model. In essence, this case is that the new model is to institutional forms of constitutionalism what the mixed economy is to forms of economic organization: a distinct and appealing third way in between two purer but flawed options. Just as the mixed economy is a hybrid economic form combining the benefits of capitalism and socialism while minimizing their well-known costs, so too the new model offers an alternative to the old choice of judicial supremacy or traditional parliamentary sovereignty by combining the strengths of each while avoiding their major weaknesses.

Speaker: Nazif Shaharani (NELC, IUB)

April 5, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

“Building a Modern Nation-State with Tribal Political Culture: A Century of Failures in Afghanistan”

Since 1880 AD all regimes in Afghanistan (Monarchy, Constitutional Monarchy, Republic, Peoples Republic, Islamic Republic, Islamic Emirate and Islamic State) regardless of their alleged ideological scaffoldings have tried, with the help of their foreign patrons, to build a modern centralized nation-state in Afghanistan. Using the Institutional Analysis and Development (IAD) and Social-Ecological Systems (SES) frameworks, I will identify and discuss the role of key elements of Afghanistan’s political culture (kingship, kinship, Islam and dependence on foreign patronage) in the country’s historic failure to establish appropriate democratic governance in the country.

CCD Business Meeting

Business meeting and presentation by Huong Thi Nguyen (Ph.D. candidate) on Vietnam
March 1, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

Business meeting and Team Burma report
February 23, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Jennifer Nedelsky (Political Science, University of Toronto)

February 16, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Ethan Michelson (Sociology, IUB)

February 9, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Judicial Performance without Independence in Rural China

Abstract

Whether a lack of judicial independence compromises judicial performance and regime legitimacy in authoritarian political contexts remains an unresolved scholarly debate. In the case of China, findings from unique surveys collected in the same 23 villages (across five provinces) in 2002 and 2010 suggest that judicial performance has improved despite weak (and possibly diminishing) independence. They also suggest that judicial performance has helped maintain regime legitimacy. Not only did legal experiences grow more positive over time, but positive legal experiences, more than any other help-seeking experience, improved popular perceptions of overall political governance. Implications of these findings include the paradoxical possibility that, in some political contexts, and under certain conditions, weak judicial independence serves to enhance political legitimacy. In particular, when judicial performance satisfies popular expectations, the fusion of the legal system to the state bureaucracy—the key defining characteristic of authoritarian “rule by law”—may strengthen more than stymie political legitimacy.

CCD Business Meeting

February 2, 2012 (12:00 – 1:00 PM)
Business meeting and Aaron Corn and Erin Mihalik (J.D. Affiliates) on Burma
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Speaker: Eden Medina (Informatics, IUB)

Feb 2, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Finding Commonalities in Science, Technology, and Politics:
Lessons from Chile on the Design of Computer Systems for Political Change

In this talk I will explore the confluence of science, technology and politics that took place during Salvador Allende‘s presidency in Chile (1970-1973). Allende and his coalition Popular Unity came to power on a promise that they would bring about democratic socialist change within Chile’s existing constitutional framework. Chile’s political experiment inspired a group of Chilean and British scientists and engineers to think about ways science and technology could be used to further Chile’s revolutionary process. They saw commonalities in Chilean democratic socialism, the science of cybernetics (which studied control in biological and mechanical systems), and the potential uses of computer technology. Moreover, they envisioned the design of a computer system that would advance the goals of the Popular Unity coalition. In this talk I discuss how science, technology, and politics came together in Chile during the early 1970s and what we can learn from the Chilean experience about the design of technologies for constitutional political change. Material for this talk will be drawn from my recently published book Cybernetic Revolutionaries: Technology and Politics in Allende’s Chile (MIT Press, 2011).

CCD Business Meeting

January 19, 2012 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

December 1, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Chao-ju Chen (Law, National Taiwan University): “Constituting and Contesting Equality.”

Chao-Ju Chen
November 17, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

It is often assumed that feminism is a Western product and that the inclusion of the gender equality provision in most East Asian constitutions is part of the modernization project under which Western values of equality, freedom and justice were introduced to East Asia and established as common constitutional values. It is also constantly argued that the failures of gender equality laws in promoting social change in East Asian societies is a demonstration of the fundamental contradictions between East Asian traditions and Western feminist values. These arguments presume an interlocking set of dichotomies: East v. West and tradition v. feminism. While there have been many scholarly attempts to move beyond these dichotomies and to reassess the phenomenon of legal transplant in Asia, feminist engagement in constitutional design remains largely unexamined in this line of scholarship. The purpose of this paper is to conduct a critical investigation into feminist constitutional activism in Taiwan, with the hope that such investigation will reveal women’s agency in contexts, demonstrate their involvement in the formation of public consensus on constitutional values, and provide counter-evidence to refute the claim that gender equality is a Western notion foreign to Asian societies.

My study of feminist constitutional activism in Taiwan will focus on the making and remaking of the gender equality provision. Siding with feminist constitutional scholar/historian Reva Siegel’s suggestion to treat the text of the Constitution as object of social movement struggle which makes the terms of American constitutional tradition amenable to contestation by mobilized group of citizens, I consider the text of the constitution as a site of contestation and examine how feminists had made interpretive and amendatory claims on the constitution’s text, especially through constitutional litigations and advocacy for a constitutional amendment. In the early 1990s, feminists in Taiwan had mobilized for constitutional change, advocating for a constitutional amendment of substantive equality, which emphasize structural inequality based on sex and encompasses positive to ameliorate disadvantages. Their campaign to change the text of the constitution is both an attempt to declare women’s membership to the constitutional community and an effort to reshape the meaning of equality in the constitution. Following the passage of the constitutional amendment of substantive equality in 1994, feminists mobilized to give meaning to equality by mobilizing the constitutional doctrine of equality in a series of constitutional litigations, which mobilization demonstrated feminist involvement in the interpretation of the constitution. Through making claims about the constitution, feminists had made women participatory citizens in the combat against social inequality and the pursuit of an equal society, and had, in this process, produced a new Asian tradition of feminist struggle against inequality.

This study of feminist constitutional activism will also be an engagement with the subject of law and social change, that is, the usefulness of law as a vehicle for social change. Rather than emphasizing on effectiveness of law and discussing the gap between law-in-books and law-in-action, I will focus on the significances of making constitutional claims in the assessment of social change. I will argue that making constitutional claims are acts constitutive of and reflective of a constitutional culture, meaning the network of understandings and practices that structure a constitutional tradition. The emergence and prevalence of feminist constitutional claims is an indication of the change of constitutional culture, therefore a form of social change.

CCD Business Meeting

November 10, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Dante Figueroa (Law, Goergetown Law Center): "Recent Constitutional Developments in Latin America."

Dante Figueroa
November 10, 2011 (12:00 – 1:00 PM)
Faculty Conference room at the Law School (third floor)
211 S. Indiana Avenue
Bloomington, IN 47405

Abstract: The paper examines recent developments from a comparative perspective. It is available at http://www.asil.org/pdfs/IG/Informer_Summer_2011.pdf. The conversation in the seminar will focus on the constitutional crisis in Honduras in 2009 as a case study, which brought about relevant perceived changes in U.S. foreign policy toward that country, which are likely to cause wider repercussions in the region. Participants in the seminar might want to look in advance at the constitutional analysis of the crisis performed by the Law Library of Congress, which is available at: http://www.loc.gov/law/help/honduras/index.php.

Bio: Dante Figueroa is a comparative constitutional law scholar, and an Adjunct Professor at the Georgetown Law Center, and the American University Washington College of Law. He holds LL.M. degrees from the American University and University of Chile law schools, and is a member of the Chile, Washington, D.C., and New York bars. He has published two books in Spanish, and his publications that are available at http://ssrn.com/author=1015723. He is fluent in Spanish, English, French, and Italian, and is currently a Senior Legal Information Analyst at the Law Library of Congress. He can be reached at df257@georgetown.edu.

John Bodnar (History, IU), “The War Memorial and the Fate of Democracy.”

John Bodnar
November 3, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

The matter of how societies remember war has attracted a substantial amount of both public and scholarly attention in our times. A key issue centers on the aesthetics of war monuments and the extent to which they acknowledge the extent of trauma, loss and tragedy that mark modern warfare. State sponsored violence presents a challenge to all nations because it disrupts customary beliefs in the nation as an agent of progress or even of civil rights.

Because war memorials need to perform the cultural and political work of restoring confidence in the nation and erasing the implications of state-sponsored cruelty, they can become objects of controversy and dissension. In modern American history this issue is easily seen in the public discussion that accompanied the design of memorials to the Vietnam War and to World War II. Less appreciated is how extensive these debates have been over the course of the last century and the connection the aesthetics of these memorials have to the idea of democracy.

This brief presentation will take up this issue and explore in a tentative way several related questions. For instance, why was it that the vast array of memorials to World War II that cover the national landscape almost never invoked the memory of the “Four Freedoms” and Franklin Roosevelt’s main rationale for fighting in the 1940s which was the promotion of human rights? And is it better for liberal-democratic nations to acknowledge their excursions into violence and take responsibility for the deaths they caused or in the end is continued faith in such nations sustained through the deployment of heroic images that tend to erase the memory of all that was lost? What does it say about the dream of a liberal-democratic world if the memory of military conflict suggests that the potential for cruelty exists at the core of all human beings?

CCD - No Speaker and Business Meeting This Week!

Brief Business Meeting and Nadia Mazur (Ph.D. Candidate) on Moldova

October 13, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Brief Business Meeting and Aaron Bonar and Cheyenne Riker (J.D. Affiliates) on Liberia

October 6, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

David L. Jones (Political Science, IUPUI): “The Imperfect ‘Miracle’ of Indonesian Democratization”

David L. Jones
September 29, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Indonesia is an important, complex country with a recent history of autocratic rule following a long colonial past. All of this makes the extent of its democratization in little more than a decade almost “miraculous.” Now, in the middle of President Yudhoyono’s second term, it is appropriate to reassess this “miracle,” noting both its achievements and deficiencies, and to consider strategies for extending democracy in Indonesia and other socially complex developing countries.

Brief Business Meeting and Jonathan Henriques (Ph.D. Candidate) on South Sudan

September 22, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Sameeksha Desai (SPEA, IU): TBA

Sameeksha Desai
September 15, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Abstract: Transition from one system of government to another offers the opportunity to build institutions, strengthen rule of law, and work towards mechanisms supportive of economic growth. However, the process across countries has not been quick, has usually not been smooth, and in many cases has not achieved desired or intended welfare gains. The role and behavior of entrepreneurs is particularly important because of income, employment and welfare effects that the state or civil society sectors cannot contribute. In addition, entrepreneurs in this context can exert effects on stability. I address macro level rule of law trends and outline their effects on entrepreneurs, discussing incentives for firm growth or keeping firms small.

CCD First Business Meeting of the Year/Introduction

September 8, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

New Affiliate Orientation Meeting

September 1, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

April 28, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

April 21, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Prof. Charles Tucker (Law, DePaul - Executive Director of the International Human Rights Law Institute)

Prof. Charles Tucker
April 14, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Title: “Human Rights and Capacity Building in Emerging Democracies: The International Human Rights Law Institute in Iraq.”

Abstract: “The International Human Rights Law Institute has undertaken seven multi-million dollar federally funded capacity building grants aimed at supporting human rights initiatives, the growth of civil society organizations, and the sustainability of democratic legal reform in Iraq. Working in cooperation with local universities, institutions and NGOs in Iraq, the International Human Rights Law Institute has primarily focused its efforts on the support and advocacy of women’s rights and sexual minorities, the improvement of law schools and legal education, and the institutionalization of democratic processes to support Iraq’s most vulnerable populations.”

CCD Business Meeting

March 31, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Prof. Jeff Isaac (Political Science, IU), “Reflections on Scientific Inquiry, Enlightenment, and Human Dignity”

Prof. Jeff Issac
March 24, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Topic: Reflections on Scientific Inquiry, Enlightenment, and Human Dignity

CCD Business Meeting

March 10, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD, Pan-Asia Institute to Sponsor Conference on Difference and Constitutionalism in Asia (March 4-5, 2011)

Constitutionalism is sweeping the world. In the past 20 years, at least a dozen countries in the pan-Asian region have proposed or adopted new or made important changes in existing constitutions.

The pan-Asia region provides a particularly good context for the comparative analysis of constitutionalism and difference. Stretching from the Middle East through Central Asia, South Asia, and Southeast Asia to East Asia and the Pacific, this region covers a hugely diverse collection of countries. Most of the possible variations of history, culture, politics, and law that might affect the role of constitutionalism can be found within the region.

This conference will bring together a distinguished collection of scholars from IU, ANU, and other universities in the U.S. and abroad to address the challenges of difference and constitutionalism from a wide range of disciplinary perspectives. They will bring to bear the methodologies and insights of history, anthropology, sociology, political science, and law. In addition, the focus will be explicitly comparative. The great and complementary strengths of IU and ANU in area studies will provide a necessary foundation from which we can uncover and examine both the similarities and the differences in the experiences of different countries.

Panels will be organized around five themes: gender, ethnicity and race, the urban-rural divide, religion, and language. Each panel will include speakers addressing a range of sub-regions within pan-Asia. This thematic organization is designed to promote comparative and cross-cultural exchange. The conference will further the development of the CCD and PAI at Indiana University while expanding the knowledge base about how constitutions can manage difference productively. We hope that this knowledge will contribute in the long run to building more stable and democratic governments in countries around the world.

The conference will take place on March 4-5, 2011, at the Indiana University Maurer School of Law in Bloomington. For further information, please visit the conference web site.

Symposium Program

Prof. Kim Rubenstein (Law, Australian National Univ.), “Constitutional Design and Citizenship”

Prof. Kim Rubenstein
March 3, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Topic: Constitutional Design and Citizenship

This paper seeks to engage with the question of how foundational constitutions are to the citizenship models that have evolved in immigration receiving countries, and compare this analysis, albeit briefly, with some of the recent political scholarship about trends in Europe on citizenship models, in particular focusing on Marc Morje Howard’s The Politics of Citizenship in Europe .

The bulk of this paper draws from material on four comparator nations, Australia, Canada, the United States of America and Israel which all have written constitutions (in some form) and all have a history of extensive managed migration, which has made citizenship an evolving and contested concept. Drastic changes in the composition of national communities has led to prolonged re-examination of what it means to be a ‘citizen’ in a diverse, multicultural society, both in terms of the liberal democratic challenges described influentially by Will Kymlicka, and in the narrower sense of citizenship as a legal status that needs to adapt to the changing needs of those who hold it. They are also nations sharing a British legal ancestry (which is particularly relevant to some of Howard’s claims), yet have each diverged and in different ways, from that common heritage (also relevant to Howard).

Three of these comparator nations are federations, adding a further level of complexity to constitutional citizenship, since citizenship in federal nations can also denote multiple levels of legal and political membership. There may be lessons in these multi-valenced forms of citizenship for constitutional ideas of membership more broadly; as Vicki Jackson has suggested, federalism may provide ‘structures for contesting visions of citizenship over time, as well as for a positive model of the possibility of multiple but compatible citizenships.

The paper begins by looking first at the text of the constitutions regarding citizenship, and then highlights the different constitutional approaches to contemporary issues in citizenship law, including defining who is a citizen (including jus sanguinis (descent) over jus soli(territory)) dual nationality and differential rights for dual nationals.

Each of the examples in the four jurisdictions covered in this chapter illustrate that what is and isn’t in the text of the Constitution is relevant to determining the manner in which membership of the community is determined, and the consequences of that status for those with and without that status. To that extent, constitutions do have some control over citizenship models and ‘capture’ or restrict and influence their respective citizenship policy developments.

This constitutional analysis sits well with Marc Morje Howard’s “careful empirical study” of the citizenship policies of the fifteen “older” member-states of the European Union (EU) which have faced “similar pressures of immigration and globalization within the common framework of the EU and its institutional and juridical “harmonization.”” Howard explores the historical variation in the citizenship policies of the fifteen older EU member states by attempting to explain why four of the countries developed what can be considered “historically liberal” policies. He then investigates the question of “contemporary continuity and change” by explaining why, of the eleven historically restrictive countries, six have liberalized their citizenship policies since the 1990s, whereas the other five remain restrictive. Both political explanations link back in their own ways to the constitutional foundations to the specific countries.

Prof. Susanna Mancini (Law, U. of Bologna, Italy), “Rethinking the Boundaries of Democratic Secession: Liberalism, Nationalism and the Right of Minorities to Self-Determination”

Prof. Susanna Mancini
University of Bologna; Johns Hopkins University – Bologna Center
February 24, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Topic: Rethinking the Boundaries of Democratic Secession: Liberalism, Nationalism and the Right of Minorities to Self-Determination

Whereas secession has been dealt with extensively in international law, in connection with the creation and recognition of states, it has received little attention as a possible tool in the constitutional protection of minority rights. This paper examines the more frequent uses and invocations of secession and assesses their potential adaptability as means of promoting minority group rights. It argues that international law and the international community have never provided coherent guidance for responding to nationalistic minority aspirations or, specifically, to secessionist challenges. At the same time, constitutional models regarding the management of national diversity have also failed to reconcile liberal democracy and nationalism. From a substantive point of view, there is probably no solution to such difficulties. Neither available model of “constitutional coexistence” nor of secession is likely, ultimately, to be satisfactory. Nonetheless, the adoption of an explicit constitutional procedural approach to secession provides the best means of averting the worst dangers and excesses.

Prof. Asma Afsaruddin (NELC, IU), “Competing Visions of the Shari‘a: the Real “Clash” within the Islamic World”

Prof. Asma Afsaruddin
February 17, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Topic: Competing Visions of the Shari‘a: the Real “Clash” within the Islamic World

There are competing discourses in the Islamic world today. Strands of these discourses are often at loggerheads with one another and struggle to gain center stage. The present, often rancorous, debate on what constitutes “authentic” Islam and who may be considered qualified to speak on behalf of Muslims has created rifts in the umma, the transnational Muslim community. Such rifts emanate particularly from competing perceptions of the nature and role of the Shari‘a or the religious law and contested notions of religious and political authority. My talk will address how two primary groups of Muslims today – whom I label the “modernists” or “reformists” on the one hand and “hard-line Islamists” on the other – have constructed competing world-views based on how they interpret the Shari‘a on key issues and concepts, such as governance and jihad, which undergird the eternal human struggle to achieve a just and righteous order on earth.

Prof. Stuart Kirsch (Anthropology, U. of Mich.), “Environmental Justice: Indigenous Peoples v. the Mining Industry.”

Prof. Stuart Kirsch
February 3, 2011 (12:00 – 1:30)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Topic: Environmental Justice? Indigenous Peoples vs. the Mining Industry

The talk examines how indigenous peoples in Papua New Guinea use international legal proceedings to pursue claims about mining impacts (especially the Ok Tedi case in the Australian courts, but also U.S. cases about mining in West Papua and Bougainville).

Prof. Nancy Fraser (Political Science, New School), “Transnationalizing the Public Sphere”

Prof. Nancy Fraser
Henry A. and Louise Loeb Professor of Political and Social Science and Department Chair
January 27, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Topic: Transnationalizing the Public Sphere

Prof. Fred Aman (Law, IU), “From Ownership to Cooperation, Government to Governance: Regulation in the Hybrid State”

Prof. Alfred C. Aman
Roscoe C. O’Byrne Professor of Law
January 20, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Topic: From Ownership to Cooperation, Government to Governance: Regulation in the Hybrid State

This paper will look at a recent Supreme Court case, Free Enterprise v. PCAOB , by comparing it and the hybrid regulatory structure with which it deals to the New Deal and specifically, Humphrey’s Executor v. FTC. In so doing, this paper will show how the state in the U. S. today is evolving in ways similar to the evolution of Transnational Corporations, raising issues of democracy and accountability. Are such issues best dealt with by new approaches to constitutional design or by legislation, regulation and administration?

CCD Business Meeting

January 13, 2011 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

December 2, 2010 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

"The Idea of 'the Republic-Private Divide' in Comparative Constitutional Law'

Prof. Frank Michelman
Robert Walmsley University Professor
November 18, 2010 (12:00 – 1:30)
Room # 214
Indiana University Maurer School of Law
211 S. Indiana Avenue
Bloomington, IN 47405

“The Idea of ‘the Public-Private Divide’ in Comparative Constitutional Law”.

For a forthcoming, multi-authored “Handbook on Comparative Constitutional Law,” this chapter will appear in an early portion of the book under the heading of “IDEAS” — on “Constitututions and the Public/Private Divide.” My question for the seminar will be about how we might best understand and formulate the idea to which my chapter is devoted, in the context of comparative constitutional studies. So the paper and the talk will be concerned, in part, with the aims and methods of such studies as well as with pinning down some unified “idea” of “the public-private divide” that such studies might most aptly employ.

Frank Michelman is the Robert Walmsley University Professor at the Harvard Law School. He is a foremost authority on constitutional law, legal theory, and property theory. Over a distinguished career, he has published numerous articles and book chapters, as well as a book entitled “Brennan and Democracy.” He has served as a consultant on constitutional drafting, including acting as one of the principle advisors on the drafting of the South African Constitution.

CCD Business Meeting

November 11, 2010 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Power, the Policy Sciences, and Social Media

Matthew R. Auer
Dean, Hutton Honors College
November 4, 2010 (12:00 – 1:00)
CCD Conference Room
624 E. 3rd Street

Power, the Policy Sciences, and Social Media

Abstract

Twitter, Facebook, and other social media are touted as the electronic communication portals of the masses – open and accessible to billions, and the means for shaping and sharing values on matters of vital public interest. On the surface, the disparate and shapeless population of “i-reporters,” policy “tweeters,” and other on-line “influencers” would appear to challenge the comparatively well-defined cast of professional diplomats, journalists, and propagandists that Harold D. Lasswell (founder of the policy sciences) identified as policy-oriented communicators.

However, to illuminate the roles and impacts of social media in politics and policymaking, insights from Lasswell’s “science of communication” must be embedded in the master’s broader lessons on value assets and outcomes. Assumptions about the democratizing functions and practical efficacies of social media in public affairs can be tested using classic concepts from the policy sciences.

"Reproducing the Taiwanese Nation: Population Anxieties in an Age of Marital Migration"

Prof. Sarah Friedman
October 28, 2010 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Reproducing the Taiwanese Nation: Population Anxieties in an Age of Marital Migration

By the end of 2009, Taiwan faced the lowest birthrate in the world, one child per woman. As domestic birth and marriage rates declined over the past decade, cross-border marriages with Mainland Chinese and Southeast Asians increased or held steady, creating a growing population of Taiwanese children with one non-Taiwanese parent, typically a mother. Drawing on nearly two years of ethnographic research conducted in Taiwan and China between 2003 and 2010, this paper examines how national anxieties about Taiwan’s population “problems” become articulated through immigration and naturalization policies that regulate Southeast Asian and Mainland Chinese spouses in Taiwan. Although immigration policies encourage procreation as proof of marital authenticity, bureaucrats and policymakers simultaneously express ambivalence and even anxiety about these “new Taiwanese children” and their future success in and commitment to Taiwan. Two key questions lie at the heart of this conflict: Who is reproducing the Taiwanese nation today? By extension, how can the government balance its concerns about national reproduction with its commitment to honoring marital freedom and principles of family reunification?

Because of longstanding political tensions across the Taiwan Strait, marriages with Mainland Chinese have been especially contentious since they re-emerged in the late 1980s. Cross-Strait unions peaked in 2003 at 20% of all annual registered marriages, tapering off in recent years to roughly 10% of all annual marriages. Despite government and media attention to marital fraud, political infiltration, and other immigration infractions, Taiwanese continue to marry Mainland Chinese, and many of these couples have children who claim Taiwanese citizenship. By comparing Chinese spouses who have and have not reproduced for their Taiwanese families, I show how policy restrictions and national population concerns are manifested in the intimate life choices and experiences of immigrant spouses. As Chinese spouses struggle to reconcile procreation with other marital and personal goals, they also “speak back” to Taiwanese anxieties about marital immigration specifically and population decline more generally. These engagements expose broader contestations around different forms of immigration in Taiwan today, and they question the privileged status of the reproductive heterosexual family as the building block of the nation and the stepping stone to naturalized citizenship.

Emergent Cuban Civil Society and the Rule of Law in 21st Century Cuba

Aldo M. Leiva, Esq.
October 14, 2010 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

“Emergent Cuban Civil Society and the Rule of Law in 21st Century Cuba”

Aldo M. Leiva will address the role and challenges of Cuba’s dissidents and other members of civil society in contributing to the creation of a culture and viable mechanisms to establish and sustain the Rule of Law in Cuba. The speaker will also briefly cover Cuba’s constitutional history, current law, and potential bases for reform and/or sources for a new democratic Constitution.

CCD Business Meeting

October 14, 2010 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

CCD Business Meeting

October 7, 2010 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Women and Theories of Constitutional Citizenship

Prof. Helen Irving
September 30, 2010 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Women and Theories of Constitutional Citizenship

Abstract

The literature on ‘constitutional citizenship’ (and related concepts of constitutional patriotism and identity) is substantial, but, although much attention is paid to power asymmetries and social cleavages, gender as a referent is almost entirely absent. At the core of this absence is the concept of allegiance. This concept, embedded in the history of citizenship law, is deeply gendered and antithetical to women’s citizenship. As we seek to challenge constitutional universalism, and take notice of, or factor pluralism into theories of constitutional citizenship, we should also understand how such theories draw from an exclusionary masculine history and epistemology. This paper sketches a framework for such an understanding.

Prof. Helen Irving was appointed to the Faculty of Law of the University of Sydney in 2001. She teaches Federal Constitutional Law, Comparative Constitutionalism and Gender and Constitution-Making. In 2005-2006 she held the Harvard Chair of Australian Studies as a Visiting Professor at Harvard Law School. She has served as historical and constitutional advisor to many public and governmental bodies, as well as Justices of the High Court of Australia. In 2003 she received the Centenary Medal for services to the Centenary of Federation. Her publications include numerous articles and book chapters, along with several books: Gender and the Constitution: Equity and Agency in Comparative Constitutional Law, Cambridge University Press, New York (2008); Five Things to Know About the Australian Constitution, Cambridge University Press (2004); and To Constitute a Nation: A Cultural History of Australia’s Constitution, Cambridge University Press (1997 & 1999).

Party Relevance, Party Systems, and Democratic Consolidation

Prof. William Bianco
September 23, 2010 (12:00 – 1:00 PM)
CCD Conference Room
624 E. 3rd Street
Bloomington, IN 47405

Party Relevance, Party Systems, and Democratic Consolidation

Abstract

The mechanisms that link parties and party system development to democratic consolidation emerged as a focus of research as it became clear that the third and fourth waves of regime transition were distinct from earlier waves of transition. These cases underscored that regime change did not always lead to democratic consolidation, that elections might coexist with authoritarian rule, and that parties could exist without being able to represent interests or shape policy.

These new political realities raise two questions that are the focus of our research: “which parties are most likely to endure through the consolidation period,” and “how do party system configurations shape the probably of successful consolidation?” To address these questions, we propose to focus on legislative deliberations, drawing on the fundamental insight of the majority rule research program: that majority rule yields predictable regularities in policy outcomes as well as regularities in the consequences of these decisions, such as party survival and democratic consolidation. We argue here that a party’s ability to shape legislative outcomes, which we label relevance, depends not only on its size in the chamber, but on the distribution of preferences within the party and the preference profile of legislators in other parties. The presence or absence of party relevance, we argue, influences the electoral survival of individual parties. We also argue that the distribution of relevance across parties, along with the level of uncertainty about legislative outcomes, which is itself a consequence of using majority rule, influences the success or failure of democratic consolidation.

To test the propositions drawn from this framework, we propose to use our NSF-funded technology for estimating legislative uncovered sets to develop new measures of party relevance as well as system-level measures that capture the variation in relevance across parties. Our proposed analysis includes tests of hypotheses on both party survival and democratic consolidation, as well as additional analyses of questions such as the impact of party discipline on relevance and outcomes, and the effect of constitutional provisions including electoral rules and presidential and parliamentary systems.

Our proposal is part of a larger effort by the PIs to translate the results of the majority rule program into empirically testable propositions and policy-relevant findings. Our measures of party relevance at the party and system level provide early-warnings for policy makers interested in directing assistance efforts to ensure party survival or to facilitate consolidation. In looking back at the post-communist cases, our work will provide insight into why assistance strategies may have failed, and provide guidance about how to maximize the impact of future efforts.

Co-authored: Regina Smyth (IU), Christopher Kam (University of British Columbia), and Itai Sened (Washington University – St. Louis.).