Judicial Cooperation among State Courts in Europe and the U.S.: A Comparative Approach
13-14 December 2010
European University Institute
Badia Fiesolana, Via dei Roccettini 9,
50014 San Domenico di Fiesole, Italy
AGENDA
Monday 13 December 2010
09:00: Welcome from conference organizers
09:15: New Directions in Judicial Cooperation: Instruments of Cooperation
Moderator: Professor Fabrizio Cafaggi
- The initiative of the European Network (Hon. Prof. Dr. Irmgard Griss, President of the Network of the Presidents of the Supreme Judicial Courts of the EU and President of the Supreme Court of Austria)
- The role of the U.S. Conference of Chief Justices of State Supreme Courts (Hon. Christine Durham, Chief Justice of the Supreme Court of Utah and Immediate Past President of the Conference of Chief Justices)
- Questions and Discussion from the floor.
11:00: Other models of cooperation
Moderator: Hon. Prof. Dr. Irmgard Griss
- The Role of the European Institutions - Mr. Fernando Rui Paulino Pereira, Head of Unit, responsible for judicial cooperation in civil and commercial matters, Chair of the Council Working Group on e-Law and e-Justice
- The ALI and its influence in the context of "soft" law unification – (Prof. Lance Liebman, of Columbia Law School and Director of the American Law Institute)
- The Role of the Uniform Law Commission - (Hon. Shirley Abrahamson, Chief Justice, Supreme Court of Wisconsin)
- Cooperation between state and federal courts in the U.S. - (Judge Robert Katzmann, U.S. Court of Appeals, for the 2d Circuit)
- Questions and Discussion from the floor
13:45: Constitutional and other impediments to judicial cooperation
Moderator: Mr. Ernesto Lupo, First President of the Corte Suprema di Cassazione of Italy
- European perspective – (The Hon. Mr. Justice John L. Murray, Chief Justice of Ireland)
- U.S. perspective – (Hon. Margaret Marshall, Chief Justice of the Supreme Judicial Court of Massachusetts)
- Questions and discussion from the floor.
15:30: Constitutional and other impediments to judicial cooperation, continued
Moderator: Professor Oscar Chase
- U.S. perspective – (Prof. Geoffrey Miller, NYU School of Law)
- Questions and discussion from the floor.
16:45: Adjournment of Day 1 Session
Tuesday 14 December 2010
09:00: Governance and processes of judicial cooperation; existing and proposed models
Moderator: Mr. Branko Hrvatin, President of the Supreme Court of Croatia
- European experience and perspective – (Ms Pauliine Koskelo, President of the Supreme Court of Finland)
- U.S. experience and perspective – (Hon. Wallace B. Jefferson, Chief Justice of the Supreme Court of Texas and President of the Conference of Chief Justices)
- Judicial Cooperation in the U.S.- an historical survey – (Russell Wheeler, Brookings Institution)
- Questions and discussion from the floor
10:45: Cooperation/harmonization imposed by higher authority
Moderator: Professor Troy McKenzie
- International human rights norms:
- European perspective:
The European Court of Justice – (Mr. Geert Corstens, President of the Supreme Court of the Netherlands
The European Court of Human Rights – (Prof. Dr. Klaus Tolksdorf, Präsident des Bundesgerichtshofes, Germany)
- U.S. perspective - (Prof. Burt Neuborne, NYU)
- The U.S. Supreme Court and the doctrine of preemption (Prof. Catherine Sharkey, NYU)
11:45: Concluding Remarks and future directions
Moderator: Hon. Margaret H. Marshall
- Observations by Hon. Jonathan Lippman, Chief Judge of the State of New York
- Observations by Mr. András Baka, President of the Supreme Court and of the National Council of Justice of Hungary
- Comments from the floor
14:00: Adjournment.
