2017 Luxembourg Forum American University is honored to welcome the delegation of the Court of Justice of the European Union
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1 2017 Luxembourg Forum American University is honored to welcome the delegation of the Court of Justice of the European Union K. LENAERTS, President R. SILVA de LAPUERTA, President of Chamber L. BAY LARSEN, President of Chamber T. von DANWITZ, President of Chamber M. WATHELET, First Advocate General S. PRECHAL, President of Chamber J. KOKOTT, Advocate General E. LEVITS, Judge E. SHARPSTON, Advocate General J.-C. BONICHOT, Judge A. ARABADJIEV, Judge C. TOADER, Judge S. RODIN, Judge
2 2017 Luxembourg Forum American University is pleased to host the Academic Conference for the 2 nd Luxembourg Forum organized by the U.S. Supreme Court in Washington, D.C., in April 2017 The Luxembourg Forum is a legal exchange between the U.S. Supreme Court and the Court of Justice of the European Union that provides high-level transatlantic judicial consultations and discussion. Its principal goals are to facilitate dialogue and enhance mutual understanding between the U.S. and EU judicial systems. The two high courts have met for many decades, beginning in 1998 in Luxembourg as well as 2000 (Washington), 2003 (Luxembourg), and 2007 (Washington). Established in 2012, the 1 st Luxembourg Forum was organized by the Court of Justice of the European Union in Luxembourg in Friday, April 21, 2017 Conference Program The Academic Conference is a private event. All sessions will take place on the Terrace Level of the Warren and Yuma Buildings on the Tenley Campus located at 4300 Nebraska Avenue, NW. 9:00 a.m. Coffee and Pastries NTO1 Ceremonial Classroom Lobby Area, Warren Building 9:10 a.m. Plenary Welcome NT01 Ceremonial Classroom, Warren Building Lia Epperson, Professor of Law and Senior Associate Dean for Faculty and Academic Affairs, American University, Washington College of Law Opening Remarks The Honorable Koen Lenaerts, President, Court of Justice of the European Union Dr. Cornelius M. Kerwin, President, American University 2017 Luxembourg Forum Conference Program, Page 2
3 9:30 a.m. 10:45 a.m. Roundtable sessions will take place in NTO7 and NT08. Roundtable 1A State Consensus in Constitutional Adjudication and the Legal Traditions of Member States NT07 Classroom, Warren Building Is constitutional convergence at State level relied upon by the United States Supreme Court when interpreting the U.S. Bill of Rights? Is it possible to say that when interpreting the U.S. Constitution, the U.S. Supreme Court defers to the common constitutional traditions of the American States in the same way as the European Court of Justice does to European constitutional traditions when discovering general principles of European Union law or interpreting the EU Charter of Fundamental Rights? Judge Siniša Rodin, CJEU Robert Tsai, Professor, American University, WCL Bojan Bugarič, Professor, University of Ljubljana Faculty of Law Roberto Mastroianni, Professor, University of Naples Law School Kim Scheppele, Professor, Princeton University and Harvard University Takis Tridimas, Professor, Kings College and Penn State Law Philomila Tsoukala, Professor, Georgetown Law Center Gábor Halmai, Professor, European University Institute 9:30 a.m. 10:45 a.m. Roundtable 1B Data Privacy and National Security NT08 Classroom, Warren Building The roundtable provides a general overview as to how courts on both sides of the Atlantic protect the fundamental right to privacy in a digital age through a comparison of ACLU v. Clapper and Klayman v. Obama and Joined Cases C 293/12 and C 594/12 Digital Rights Ireland and Others, Case C-362/14 Schrems, and Joined Cases C-203/15 and C-698/15 Tele2 Sverige and Watson. President of Chamber Thomas Von Danwitz, CJEU Michael Carroll, Professor and Director, Program on Information Justice and Intellectual Property, American University, WCL Francesca Bigniami, Professor, George Washington University Thomas Streinz, PhD Candidate Munich and Fellow at New York University Stephen Wermiel, Professor of Practice and Interim Director, Program on Law & Government, American University, WCL Kurt Wimmer, Chair, U.S. Data Privacy and Cybersecurity Group, Covington & Burling LLP Joseph Young, Associate Professor and Department Chair, Justice, Law & Criminology, SPA Jon Gould, Professor, American University, SPA 2017 Luxembourg Forum Conference Program, Page 3
4 10:45 a.m. 11:00 a.m. Coffee Break NT01 Ceremonial Classroom Lobby Area, Warren Building 11:00 a.m. 12:15 p.m. Roundtable 2A The Full Faith and Credit Clause and Mutual Recognition NT07 Classroom, Warren Building Comparing Fauntleroy v. Lum, 210 U.S. 230 (1908) with Case C-7/98 Krombach to explore the way in which fundamental rights may limit the free movement of judgments (or decisions of State authorities). President Koen Lenaerts, CJEU Amanda Frost, Professor and Director, S.J.D. Program, American University, WCL Daniel Halberstam, Eric Stein Collegiate Professor of Law and Associate Dean for Faculty and Research, Michigan University Law School Carlos J. Moreiro González, Professor and Director of the LLM in EU Law, Carlos III University and Diplomatic School of the Kingdom of Spain Mark A. Pollack, Professor, Temple University Kim L. Scheppele, Professor, Princeton University and Visiting Professor, Harvard University Michelle Egan, Professor, American University, SIS 11:00 a.m. 12:15 p.m. Roundtable 2B The Direct Effect or Self-Execution of International Agreements NT08 Classroom, Warren Building Comparing the conditions under which an international treaty may be self-executing in Medellín v. Texas, 552 U.S. 491 (2008) or produce direct effect in Case T-115/94 Opel Austria and Case C-149/96 Portugal v. Council Advocate General Juliane Kokott, CJEU George Bermann, Walter Gelhorn Professor of Law, Jean Monnet Professor of European Union Law, and Director of the Center for International Commercial and Investment Arbitration, Columbia University Law School Gráinne de Búrca, Professor, NYU Law School Juan Mendez, Professor of Human Rights Law-in-Residence, American University, WCL Fernanda G. Nicola, Professor, American University, WCL Takis Tridimas, Professor, Kings College and Penn State Law Paul Williams, Professor and Director, JD/MA Joint Degree Program, American University, SIS/WCL Christopher Rudolph, Associate Professor, American University, SIS 2017 Luxembourg Forum Conference Program, Page 4
5 2017 Luxembourg Forum Academic Conference Luncheon Co-sponsored by American University, The European Institute, and the European Parliament Liaison Office with the U.S. Congress 12:30 p.m. - 2:00 p.m. YT01-01 Claudio Grossman Hall, Yuma Building Remarks Mary Clark, Dean of Academic Affairs and Senior Vice Provost, American University Joëlle Attinger, President, The European Institute Antoine Ripoll, Head of Office, European Parliament Liaison Office with U.S. Congress A Keynote Conversation on Judges as Diplomats in Advancing the Rule of Law" 2:00 p.m. - 3:30 p.m. YT01-02 Claudio Grossman Hall, Yuma Building This featured presentation is open to the public and presented by the deans and faculty of American University s School of International Service, School of Public Affairs, and Washington College of Law. Welcome Anthony E. Varona, Vice Dean and Professor of Law, American University, WCL Introduction of Topic Barbara Romzek, Dean, American University, SPA Featuring: The Honorable Koen Lenaerts, President, European Court of Justice The Honorable Stephen Breyer, Associate Justice, U.S. Supreme Court Moderators: Bill Davies, Associate Professor, American University, SPA Fernanda G. Nicola, Professor, American University, WCL 2017 Luxembourg Forum Conference Program, Page 5
6 Special thanks to our co-sponsors and the deans and faculty of American University s School of International Service, School of Public Affairs, and Washington College of Law. American University Steering Committee Bill Davies, Associate Professor, Department of Justice, Law & Criminology, School of Public Affairs Michelle Egan, Professor and Jean Monnet Chair ad personam School of International Service Fernanda G. Nicola, Professor of Law Director, Program on International Organizations, Law & Diplomacy Washington College of Law 2017 Luxembourg Forum Conference Program, Page 6
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