Panel I: The Role of International Law in U.S. Constitutional Interpretation

In 1900, the Supreme Court stated that “international law is part of our law” in the Paquete Habana case. In recent decades, the status of customary international law in U.S. courts has been the subject of spirited debate. On the one hand, proponents of the greater international legal integration contend that rules of customary international law are rules of federal law, which apply directly in U.S. courts and preempt inconsistent state law even in the absence of federal authorization. On the other hand, opponents argue that, in the absence of congressional legislation or a U.S. treaty, rules of customary international law are generally not matters of federal law, and will therefore generally be governed by state law. This panel will discuss the constitutional foundations and implications of these two approaches. Welcome and Opening Remarks • Welcome: Andrea Leelike, President, Penn Law Federalist Society • Opening Remarks: Dean Theodore Ruger, Dean, Penn Law Panel I: The Role of International Law in U.S. Constitutional Interpretation 3:00 p.m. – 4:45 p.m. • Prof. Lea Brilmayer, Howard M. Holtzmann Professor of International Law, Yale Law School • Prof. William S. Dodge, John D. Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law, UC Davis School of Law • Prof. David H. Moore, Wayne M. and Connie C. Hancock Professor of Law; Associate Director, International Center for Law and Religion Studies, BYU Law • Prof. Nicholas Quinn Rosenkranz, Professor of Law, Georgetown Law • Moderator: Hon. Elizabeth Branch, United States Court of Appeals, Eleventh Circuit * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.