September 13, 2010
The 2010 Constitution Day Celebration
Cleveland-Marshall College of Law
Using international and foreign legal sources in constitutional interpretation is a controversial practice in the United States, even provoking Congressional hearings and attempts to legislatively limit federal courts' ability to refer to such materials. Yet in many other constitutional systems of the world the practice is becoming increasingly commonplace. The post-apartheid South African Constitution goes so far as to make reference to relevant international law mandatory and to expressly permit reference to foreign law. Professor Ray, an expert on comparative constitutional law, will examine the debate over the use of foreign and international law in constitutional interpretation with a particular focus on the South African experience.
1 free hour of CLE.
The 88th Cleveland-Marshall Enrichment Fund Visiting Scholar
W. B. Allen
Dean Emeritus, James Madison College
Emeritus Professor of Political Science
Michigan State University
What Constitution Have I? Harriet Beecher Stowe and the Moral Imperative of Constitutionalism
In Uncle Tom's Cabin, Harriet Beecher Stowe had her character, George Harris, inquire "What Country Have I?" But the effect of her influential novel was to demonstrate that the real question is "What Constitution Have I?" and that the moral imperative of constitutionalism prevails over national identity. Professor W. B. Allen, a prolific scholar in the field of political philosophy, will explore the implications of Stowe's teaching in our time.
1 free hour of CLE.
The Employment and Labor Law Speakers' Series
Retaliation: The U.S. Supreme Court's Expansive Interpretation of Anti-Retaliation Provisions and What it Means for Employment Discrimination Practitioners
Edward L. Gilbert, Esq.
Edward L. Gilbert Co., LPA
Deborah L. Gordon, Esq.
Law Offices of Deborah L. Gordon
Lee J. Hutton, Esq.
Practitioners and commentators have noted that the U.S. Supreme Court has adopted a somewhat expansive attitude toward claims of retaliation and has interpreted the retaliation provisions of antidiscrimination laws accordingly. A panel of seasoned employment and labor law practitioners representing the plaintiff and defense perspectives will discuss, among other things, the recent U.S. Supreme Court cases on retaliation, the effect that the Court's expansive approach to retaliation has had on their practices, and how employers and employees should respond in advising their clients and in handling employment discrimination claims in the wake of the Court's recent decisions.
1 free hour of CLE.
Moot Court Room
Thomas E. Perez
Assistant Attorney General
U.S. Department of Justice Civil Rights Division Update
Assistant Attorney General Thomas E. Perez, head of the U.S. Justice Department's Civil Rights division, will discuss the Justice Department's efforts on civil rights enforcement, including hate crimes, voting rights and violent crimes targeting places of worship.
Prior to being sworn in as Assistant Attorney General in October 2009, Thomas Perez had built a national reputation working for civil rights, consumer advocacy, and protecting against worker exploitation. As Secretary of Maryland's Department of Labor, Licensing and Regulations, he played a key role in the reform that addressed the state's foreclosure crisis. Earlier in his career, he prosecuted civil rights cases for the Civil Rights Division of the U.S. Department of Justice, the department he now leads, including a well-publicized hate crime case in Texas involving white h. He also served as Deputy Assistant Attorney General for Civil Rights under Attorney General Janet Reno, and worked as special counsel to Senator Edward Kennedy. Mr. Perez has spent his entire career in public service, and will draw on his vast experiences and insight for what promises to be a provocative discussion.
Criminal Justice Forum I
Professor of Law
George Washington University Law School
The Fourth Amendment's Disappearing Container Doctrine: From Warrant Preference to Reasonableness with Teeth
Professor Cynthia Lee will discuss the Container Doctrine, a rule established by the Supreme Court in the 1970s that allows police officers with probable cause to believe that a suitcase, footlocker, or other container contains contraband or evidence of a crime to seize the container, but requires police to get a warrant before opening or searching the container. Professor Lee theorizes that the Court's gradual movement away from requiring warrants before searching containers reflects a larger jurisprudential shift from the Warrant Preference view of the Fourth Amendment towards the Separate Clauses or Reasonableness view of the Fourth Amendment.
1 free hour of CLE.
12:00 p.m. - 4:00 p.m.
The 21st Century Farm Animal: Legal Perspectives on Animal Welfare, Human Health, and Regulation
President & Co-Founder of Farm Sanctuary
John Sproat Esq.,
Dr. Pamela A. Popper, Ph.D., N.D.
Executive Director of The Wellness Forum
The rise of Concentrated Animal Feeding Operations (CAFO), known for the intense confinement of farm animals in unhygienic living conditions, has undoubtedly raised ethical issues about the treatment of farm animals. These practices, however, have also revealed a link between the general welfare and living conditions of animals raised for food and numerous human health risks. Such facilities increase the risks of food-borne illness, antibiotic resistance, and various ailments related to the environmental damage that necessarily follows from CAFO operations. These increased risks have bolstered the movement for legislation to regulate the treatment of animals raised for food. Our distinguished speakers will each discuss an aspect of this problem, the current legal landscape, and potential options for legislative reform.
Reception & Book Signing to Follow.
3 free hours of CLE.