Past International and Comparative Law Center Events
Sourgens and Martin Serve on ASIL Interest Groups
Professors Freddy Sourgens and Craig Martin were both elected to the executive committees of Interest Groups at the American Society of International Law (ASIL) Annual Meeting in April 2016. Professor Sourgens was elected Vice-President of the Private International Law Interest Group; Professor Martin was re-elected to the Executive Committee of the Lieber Society, the Interest Group focused on the law of armed conflict.
Washburn Law Hosts 2016 Great Plains Colloquium
The International and Comparative Law Center hosted the 2nd Annual Great Plains International and Comparative Law Colloquium at Washburn Law on May 6, 2016. The colloquium involved 9 scholars from University of Missouri-Kansas City (Timothy Lynch and Rana Lerh-Lenardt), the University of Kansas (Raj Bhala and Virginia Harper Ho), the University of Arkansas (Lisa Avalos and Rob Leflar), and Washburn Law (Craig Martin, Freddy Sourgens, and Andrea Boyack). Topics discussed during the colloquium ranged from currency manipulation under the Trans-Pacific Partnership (TPP), Consumer Social Responsibility mechanisms in China, Supernational Law in international investment arbitration, rape investigation failures as human rights violations, constitutional war powers of Canada, and new health care law in Japan. The Center and Washburn Law look forward to continuing the annual colloquium with wider and deeper participation by other schools in the region.
Pictured (left to right): Timothy Lynch, Rob Leflar, Craig Martin,
Virginia Harper Ho, Andrea Boyack, Rana Lerh-Lenardt,
Lisa Avalos, Freddy Sourgens, Raj Bhala.
Washburn Law Signs Agreement With Osaka University
Washburn Law has entered into an exchange and cooperation agreement with the law schools of the internationally renowned Osaka University, located in Osaka, Japan. The agreement was signed by Dean Yutaka Takenaka of Osaka University, President Jerry Farley of Washburn University, and Dean Thomas Romig of Washburn Law, during Dean Takenaka's visit to Washburn on March 3, 2016. The agreement will provide opportunities for the faculty of each school to conduct research and to teach at the partner school, and it will similarly create study abroad opportunities for students of both schools. Washburn Law will also seek to accept individual students from Osaka University for semester-long visits, and to admit graduates of Osaka University into Washburn Law's LL.M. program. Washburn will explore the development of a summer study abroad program at Osaka.
Osaka University is one of Japan's most prestigious universities, typically ranked among the top five of all universities in Japan, and in the top 50 of all universities in the world. It has three separate law schools, serving the undergraduate level, graduate school for future scholars, and a professional school for prospective lawyers. Learn more...
Yukata Takenaka (left) and Thomas Romig (right) sign
agreement while Washburn President Jerry Farley looks on.
Leflar Discusses Japanese Patient Safety Reforms
Professor Robert Leflar of University of Arkansas School of Law, one of the handful of experts on Japanese law in the American legal academy, visited Washburn Law on March 3, 2016 to present a work-in-progress to the faculty. His paper, the working title of which was “The Iridescence of Japanese Patient Safety Reforms,” explored various issues arising from the recent reforms to the Japanese legal regime governing medical accidents and patient safety. There was considerable discussion among the faculty regarding how the system and its reforms might compare to the regime's counterpart in American law.
Robert Leflar presenting to faculty at Washburn Law.
Martin Presents at The Hague
Professor Craig Martin spoke on the "reinterpretation" of Japan's war-renouncing constitution at the Asser Institute in The Hague, the Netherlands, on February 26, 2016. He was responding to His Excellency Justice Shunji Yanai of the International Court for the Law of the Sea, and Chair of the Advisory Panel that made the recommendations for reinterpretation to the government of Japan. The Keynote Address was given by H.E. Justice Hisashi Owada of the International Court of Justice.
Craig Martin (left) presenting at the Hague.
Washburn Faculty in Tbilisi
Professors Aida Alaka, Rory Bahadur, and Tonya Kowalski traveled to Tbilisi, Georgia in December 2015 to conduct a series of workshops at Free University. The four separate workshops, conducted for local faculty and attorneys serving as adjuncts, covered subjects ranging from case briefing, case law literacy, scholarly writing, multi-modal teaching techniques, and the development of text books.
Rory Bahadur (left), Tonya Kowalski, and
Aida Alaka (left) teaching at Free University.
Washburn Role in Georgia Extended
Washburn Law was selected, under a new five year grant from the State Department and USAID and in cooperation with the East-West Management Institute, to work on improving legal education in Georgia (the former Republic of Georgia). This is a new grant, which will build on the work Washburn did under a previous five year grant. Faculty and students will be working predominantly with Free University of Tblisi on improving various aspects of legal education. Many of Washburn's faculty have spent time at Free University, teaching and training local faculty. Students of both schools have collaborated on the preparation of amicus briefs for Georgia's Constitutional Court.
Janet Jackson at European Clinical Conference
Professor Janet Jackson attended the 3rd Annual European Network of Clinical Legal Educators Conference in Budapest, Hungary, in October 2015. She gave a presentation, "Comparing the U.S. and European Experience in Business Law Clinics that Promote Social and Economic Justice," with Professor Susan Jones of George Washington University Law School.
Janet Jackson (left) with Susan Jones.
Sourgens Co-chairs Oxford Conference
Professor Freddy Sourgens, along with Diane Desierto (University of Hawaii) and Ian Laird (Crowell & Moring LLP and Columbia University), co-chaired the inaugural Annual Investment Claims Summer Academy, convened by Oxford University Press and held at Oxford in the summer of 2015. The conference brought together a select group of expert scholars and practitioners in the field to discuss investor-state arbitration. His Excellency Judge James Crawford was the keynote speaker.
Freddy Sourgens (center) with Ian Laird and Diane Desierto
Rubenstein and Waugh in Barbados
Professors David Rubenstein and Curtis Waugh taught courses in Washburn Law's six-week study abroad program at the University of the West Indies at Cavhill, Barbados. Students from both schools study together in courses co-taught by Washburn and UWI faculty members. Rubenstien taught a course in comparative constitutional law, while Waugh taught international alternative dispute resolution (ADR).
Curtis Waugh with students in Barbados during
Washburn Law's 2015 study abroad program.
Kowalski Returns to Symbiosis Law School in India
Professor Tonya Kowalski returned to Symbiosis Law School (SLS) in Pune, India to serve as visiting scholar-in-residence for a month this summer. She taught a one-week, intensive legal analysis, writing, and moot argument course for entering students, assessed arguments from the first-year class, and delivered a faculty seminar. Professor Kowalski also advanced discussion with SLS leadership to develop further initiatives between the two law schools.
Martin and Glashausser in Japan
Professors Craig Martin and Alex Glashausser were both in Japan over the summer. Craig Martin taught two intensive courses at Osaka University, one an introduction to Anglo-American Constitutional Law at the Graduate School of Law and Politics, the other on the war renouncing Article 9 of Japan's Constitution at the Cross-Border Innovation Institute (pictured).
Alex Glashausser was a visiting scholar at Waseda University Faculty of Law, where he conducted research on international law and its interaction with the Alien Tort Statute, and participated in colloquia engaged in discussion of that and other topics. Professors Glashausser (left in photo) and Martin met up at Waseda in August for the annual East-Asia Law and Society Conference at Waseda University. Craig Martin presented a paper at the conference on Japanese government efforts to reinterpret Article 9.
Washburn Law Hosts Great Plains Colloquium
The International and Comparative Law Center hosted the inaugural Great Plains International and Comparative Law Colloquium at Washburn Law on May 14, 2015. The colloquium, which began with a lunch and ended over dinner, involved 10 scholars from 3 schools in the region (Washburn Law (WU), the University of Kansas (KU), and the University of Tulsa (TU)) workshopping 5 projects, ranging from the evolution of international trade in both practice and scholarship, the creation of safe harbors from international intellectual property, and law and lawlessness in Syria, to legal and institutional reforms to address ecological collapse in the Mediterranean, and constitutional reinterpretation of Japan's "peace" constitution. The colloquium was a first step in what the Center hopes will be a collaboration with neighboring schools to create a more integrated community of international and comparative law professors in the region, and a dynamic environment for international and comparative law scholarship.
Pictured (left to right): Sam Halabi (Tulsa), Raj Bhala (KU),
Virginia Harper Ho (KU), Freddy Sourgens (WU),
Craig Martin (WU), Amy Westbrook (WU),
John Head (KU), Ali Khan (WU), Patricia Judd (WU).
Osaka University Professor Learns About Washburn Law LL.M. Program
The International and Comparative Law Center hosted Professor Koto Fukui of Osaka University in March. Professor Fukui, who is the Director of International Studies at Osaka University School of Law and the Graduate School of Law and Politics, was visiting to discuss possible exchange and study abroad programs between Osaka University and Washburn University, and the enrollment of Osaka University graduates in Washburn Law's new LL.M. program. Professor Craig Martin, Co-Director of the International and Comparative Law Center, studied at Osaka University, and continues to teach comparative constitutional law courses there each summer.
Professor Martin Gives Keynote at Ritsumeikan University in Kyoto, Japan
Professor Craig Martin travelled to Kyoto, Japan during reading week to present "Article 9 at a Crossroads: The Past, Present and Future of Japan's Peace Constitution," as the keynote speaker at the Ritsumeikan University, College of International Relations Research Group on Pacifism, 6th Annual Seminar, on March 18, 2015. The government of Japan's so-called "reinterpretation" of the war-renouncing provision of the Constitution of Japan, and its likely effort to formally amend the provision in the next couple of years, has lead to increasing debate and analysis in Japan.
2015 Jessup International Law Moot Court Team
Washburn competed in the 2014-2015 Jessup International Law Moot Court Competition, traveling to the University of Denver in February for the Rocky Mountain Regional Round of the Competition. Washburn was one of 500 schools from over 80 countries competing in the competition this year, with 19 schools represented in the Rocky Mountain Regional, including Stanford University, Tulane University, the University of Kansas, and Arizona State. The 2014-2015 Jessup problem, The Case Concerning the Secession and Annexation of East Agnostica (409 KB PDF), was inspired by the Crimean crisis of 2014, with claims of unlawful interference in the internal affairs of another state through the encouragement of secessionist movements, claims of self-determination, and allegations of subsequent annexation of territory, along with additional claims arising from a treaty dispute over mineral resources. The Washburn team lost two close split decisions, and thus did not advance to the knock-out round or on to the international round in Washington D.C. Skip Jordan won an individual prize for 10th top oralist, and the team won 8th best Memorial. Pictured: Professor Craig Martin (faculty advisor), James Crux (1L participant), Andrea Plunkett, Skip Jordan, Nicole Southall, Jordan Clothier, and David Cohen.
Faculty Discuss CIA Detention and Interrogation Report
Dean Thomas Romig and Professor Craig Martin gave a presentation on February 12, 2015 to students about the Senate Select Intelligence Committee's Report on CIA Detention and Interrogation (62 MB PDF). The Report, which is itself over 500 pages long, is an executive summary of a 4,000 page report on CIA conduct during its detention and interrogation of suspected al-Qaeda members in black sites in undisclosed countries, as well as in Guantanamo Bay, Cuba. The presentation by Dean Romig (right in photo below) and Professor Martin explained the findings of the Report and explored the legal, moral, and policy aspects of the CIA's conduct, and of torture more generally.
Professor Sourgens Publishes Book
Washburn Law's Professor Freddy Sourgens has just had a new book published by Brill. In A Nascent Common Law: The Process of Decisionmaking in International Legal Disputes Between States and Foreign Investors, Professor Sourgens argues that investor-state dispute resolution relies upon an inductive, common law decision-making process, which reveals a necessary plurality of first principles within investor-state dispute resolution. A Nascent Common Law provides an alternative account to current theoretical conceptions of investor-state arbitration. It explains that these theories cannot adequately resolve a key empirical challenge: tribunals frequently reach facially inconsistent results on similar questions of law. It is expected that Prof. Sourgen's book will be an important contribution to both international law theory, and the area of international investment arbitration.
ICLC Co-sponsors Reflections on Ferguson
The International and Comparative Law Center worked with the Center for Law and Government and the Washburn Law Diversity Committee to present a two-day program for students on the social and legal issues surrounding the events in Ferguson, Missouri following the shooting of Michael Brown. The event, held November 10 and 12, 2014, included guest speakers on law enforcement perspectives, and faculty members addressing many of the legal issues, including a comparative and international perspective on the use of force by police and the disparate impact of law enforcement on minorities. A third event in the series is planned for later in the Spring semester.
Faculty Contribute to Comparative Law Scholarship in Georgia
Four Washburn Law faculty members, Andrea Boyack, Will Foster, Joseph Mastrosimone, and Mary Ramirez, contributed to a new project in comparative commercial law at Free University of Tbilisi, Georgia. Each published an article in the 2014 edition of Georgian Commercial Law Review Journal. The articles, covering different aspects of commercial law from a comparative perspective, were first presented at a joint conference with faculty members from Free University, at Free University in Tbilisi in May 2013.
Center Co-sponsors Oil and Gas Investment Arbitrations Conference
Professor Freddy Sourgens is part of the organizing team for a conference on "Oil and Gas Investment Arbitrations: Protecting Oil and Gas Projects Against Political Risk", co-sponsored by Washburn University School of Law's Oil and Gas Law Center and International and Comparative Law Center, the University of Houston Law Center, and the International Law Institute, in Houston, October 31, 2014. The conference brings together lawyers practicing in the area of oil and gas and international arbitration, and academics specializing in international arbitration, international law, and oil and gas law. Learn more.
Professor Martin Joins the Japanese Constitutional Debate
Professor Craig Martin contributed to the increasingly heated debate in Japan this summer regarding Prime Minister Shinzo Abe's efforts to "reinterpret" Article 9, the provision of the Constitution of Japan that renounces war and the use of force. Some of Professor Martin's earlier scholarship examined Article 9 as a model of constitutional constraint, and example of constitutional incorporation of international law principles.
Professor Martin wrote an op-ed article for the Japan Times critical of the Mr. Abe's "reinterpretation" efforts, which was published alongside an article by Mr. Abe himself defending the initiative. Professor Martin also had a lengthy interview on the subject published in the Tokyo Shimbun (in Japanese; pictured left and below). Outside of Japan he was interviewed regarding his views on the subject on South Korean radio (audio in English; 16:16 minute MP3), by the Vietnamese newspaper vnExpress (in Vietnamese; read Google translation), and the Austrian newspaper Der Standard (in German; read Google translation).
Professor Martin will be traveling to Osaka in Japan in August, to teach a course on constitutional law and conduct research, and expects to continue being active as the debate continues to unfold.
Photo credit: Tokyo Shimbun.
Professor Martin shared additional insights on the debate over "reinterpretation" of Japan's constitution in, "Reexamining 'Myths' About Japan's Collective Self-Defense Change – What Critics (and the Japanese Public) Do Understand About Japan's Constitutional Reinterpretation," published September 8, 2014 in The Asia-Pacific Journal: Japan Focus. The article was co-authored with Bryce Wakefield, Assistant Professor of Japanese Politics and International Relations at Leiden University.
International Law Issues in the Ukraine Crisis
The Center, along with the student International Law Society (ILS), hosted a Lunch and Learn session in which Professor Craig Martin gave an informal talk and answered questions about the Ukraine crisis and the annexation of Crimea. After providing some background to the crisis Professor Martin explained the international law principles on the use of force, intervention in the internal matters of other states, and the right of self-determination and secession from states, and how all of these might apply in the current crisis. He also explored how the legal arguments and positions advanced by both Russia and the U.S. in the context of this crisis are undermined by their conduct and positions in the past. There was a robust discussion following the presentation.
Visiting University of the West Indies Scholar
The International and Comparative Law Center hosted Visiting Foreign Scholar Dr. David S. Berry, Dean of Law, Faculty of Law from the University of the West Indies Cave Hill Campus, Barbados. In addition to meeting with various law school faculty and staff, and Washburn University administrators, Dr. Berry made two presentations. Read more...
2014 Jessup International Law Moot Court Team
Washburn Law's Phillip C. Jessup International Law Moot Court team of Brett Shanks, Norah Avellan, Megan Williams, Whitney Mills, Nicole Southall (1L representative), and Michael Fessinger turned in a fine performance at the Rocky Mountain Super-Regional round of the international competition in Denver, Colorado. Brett Shanks earned a top oralist award, the third consecutive year that Washburn advocates have won such an award. Read more...
Professor Bahadur Teaches in Georgia
Professor Rory Bahadur taught a Comparative Civil Procedure Course to practicing attorneys in Georgia in July of 2014. The course was part of Free University's National Center for Commercial Law Summer School and was taught at the University's training center in Bazelati, Georgia.
Professor Kowalski Teaches at Symbiosis Law School
Professor Tonya Kowalski was a scholar in residence at Symbiosis Law School, Symbiosis International University in Pune, India, in July and August of 2013. She taught an intensive course on legal analysis, research, writing and oral advocacy skills as part of the moot court program, and lectured to upper years on scholarly writing and analysis. She also presented to the Faculty of Symbiosis on her scholarly work on legal writing pedagogy, and on government-tribal relations in the United States.
Professor Jeff Jackson Teaches in Georgia
Professor Jeff Jackson taught a course on Judicial Independence in Democratic Societies at the Constitutional Law Winter School, sponsored by the Free University of Tiblisi, Georgia, and the Constitutional Court of Georgia, in February, 2014. He managed to take in some of the mountain vistas during his trip.