“JUDICIAL COOPERATION AMONG STATE COURTS IN EUROPE AND THE U.S. (A COMPARATIVE APPROACH)”
European University Institute
Badia Fiesolana
Via dei Roccettini 9
50014 San Domenico di Fiesole
AGENDA
MONDAY, 13 DECEMBER
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 Supreme Court of Austria and President of the Network
- 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
11. 00 “Other models of cooperation”
Moderator: Hon. Prof. Dr. Irmgard Griss, President of the Supreme Court of Austria and President of the Network
- 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 American Law Institute 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.: Mr Robert Katzmann, Judge of the U.S. Court of Appeals, for the 2nd Circuit
Questions and Discussion
13.45 “Constitutional and other impediments to judicial cooperation”
Moderator: Mr Ernesto Lupo, First President of the Supreme Court of Cassation 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
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
TUESDAY, 14 DECEMBER
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: Mr Russell Wheeler, Brookings Institution
Questions and Discussion
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, President of the Federal Court of Justice of 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