Courts as Transnational Actors Seminar

3 units

This seminar will explore the role of courts as transnational actors. When adjudicating cases with transnational elements, how do judges conceive of their roles? How should they conceive of those roles? Scholars have described a so-called global judicial dialogue in which courts now serve as key intermediaries between the domestic and international realms: In some instances, domestic courts take on a powerful co-constitutive role in creating, shaping, and enforcing international legal norms. In other contexts, however, judges serve as staunch defenders of the local against the pull of globalism. In considering the emerging picture of the global jurist, can we find commonalities in approach across disparate areas of the law? Does a global judicial dialogue really exist other than in the minds of legal scholars -- and if so, what are the possibilities and limitations of this dialogue? We will explore these questions by examining a variety of case studies in both the public and private international law realms. Illustrative cases may include the following: climate change and the environment, the death penalty and other human rights issues, domestic accountability for international crimes, transnational child custody, transnational speech and privacy. Emphasis will be placed primarily (but not exclusively) on domestic courts, both in the U.S. and elsewhere. We will let the judges speak for themselves through close readings of judicial opinions, and will use these original sources to illuminate current scholarly debates. Grades will be based on written work, which will include a combination of weekly reaction papers and a ten- to fifteen-page final paper, plus class participation.