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Home > Symposium on Constitutional Design sponsored by the U. T. School of Law and The LBJ Presidential Library Eidman Courtroom

Symposium on Constitutional Design

The University of Texas School of Law

The Lyndon Baines Johnson Library & Museum

The University of Texas Law Review

The George M. Fleming Center for Law and Innovation in Biomedicine and Healthcare*

January 29 – 31, 2009

Thursday, January 29
1:45 – 2:15 Welcome – Eidman Courtroom, University of Texas Law School Lawrence Sager, Dean, University of Texas Law School
Betty S. Flowers, Director, Lyndon B. Johnson Library and Museum
Emily Falconer, President, Texas Law Review
Sanford Levinson, University of Texas Law School and Department of Government
2:15 – 3:45 Government by “Reflection and Choice”: Some &ldquot;Lessons of Experience” in the Enterprise of Constitutional Design – Eidman Courtroom
Moderator: Sanford Levinson, University of Texas Law School and Department of Government
Nathan Brown, George Washington University, Department of Political Science, &ldquot;Reason and Passion in Constitutional Design&rdquot;
Walter Murphy, Princeton University (emeritus), &ldquot;Designing a Constitution: Of Architects and Builders&rdquot; Discussant: Gary Jacobsohn, University of Texas, Department of Government
3:45 – 4:00 Coffee Break
4:00 – 5:15 [“Government...” continued] – Eidman Courtroom
Ambassador Feisal Amin Rasoul al-Istrabadi, Indiana University School of Law, “The Iraqi Constitution of 2006: Memorializing a National Charter or Irreconcilable Differences?” (via video)
Bruce Cain, University of California at Berkeley, “Malleable Constitutions: Reflections on State Constitutional Reform”
David Williams, Indiana University School of Law, “Designing Constitutions for Burma” Discussant: Jeffrey Abramson, University of Texas Department of Government and School of Law
6:00 Public Address – Lone Star Room, Frank C. Erwin Center
[Tickets Required]
Ambassador Peter W. Galbraith, “The End of Iraq: How Iraq's Constitution Provides a Roadmap to Partition”
Friday, January 30
9:15 – 10:45 Presidentialism, Parliamentarianism, and the Role of Opposition Parties – Eidman Courtroom
Moderator: Dan Brinks, Department of Government, University of Texas
Jose Antonio Cheibub, University of Illinois at Champaign-Urbana, Department of Political Science, “Making Presidential and Semi-presidential Constitutions Work”
David Fontana, George Washington University School of Law, “Structuring a Role for the Opposition”
Discussant: Christina Murray, University of Cape Town (South Africa), School of Law; Fellow, Law and Public Affairs, Princeton University
10:45 – 11:00 Coffee Break
11:00 – 12:30 What Should Constitutions Say About Electoral Systems? – Eidman Courtroom
Moderator: Russell Muirhead, Department of Government, University of Texas
Gerald Torres, University of Texas Law School, and Lani Guinier, Harvard Law School, “Democracy from the Bottom Up”
Peter Ordeshook, Department of Political Science, California Institute of Technology, “Constitutions, Elections, and Election Law”
Susan Williams, Indiana University School of Law, “Equality, Representation, and Challenge to Hierarchy: Justifying Electoral Quotas for Women”
Discussants: Richard Pildes, New York University School of Law, and Gretchen Ritter, Department of Government, University of Texas
2:00 – 3:45 Designing a Judiciary – Eidman Courtroom
Moderator: Frank Cross, University of Texas Law School and School of Business
David Law, Washington University in St. Louis School of Law, “How to Design a Passive Judiciary”
Tom Ginsburg, University of Chicago Law School, and Zach Elkins, Department of Government, University of Texas, “Ancillary Powers of Constitutional Courts”
Miguel Schor, Suffolk University School of Law, “The Strange Cases of Marbury and Lochner in the Constitutional Imagination”
Discussants: H.W. Perry, University of Texas Law School and Department of Government, and David Landau, Climenko Fellow, Harvard Law School
3:45 – 4:00 Coffee Break
4:00 – 5:45 Emergencies and Constitutional Design: Should a Well-designed Constitution Confront the Circumstances of Its Own Negation (or, at least, suspension)? – Eidman Courtroom
Moderator: Samuel Issacharoff, New York University School of Law
Jack Balkin, Yale Law School, and Sanford Levinson, University of Texas Law School and Department of Government, “Constitutional Dictatorship”
Kim Lane Scheppele, The Woodrow Wilson School, Department of Sociology and the University Center for Human Values, Princeton University, “Exceptions that Prove the Rule: Emergency Government within Constitutional Principles”
Discussant: Bobby Chesney, Visiting Professor, University of Texas Law School, Professor of Law, Wake Forest University School of Law
Saturday, January 31
9:00 – 10:45 Cultural Pluralism, Federalism, and Constitutionalism – Eidman Courtroom
Moderator: Juliet Hooker, Department of Government, University of Texas
Sujit Choudhry, University of Toronto Law School, “Linguistic Pluralism and Constitutional Design”
Lucas Lixinski, European University Institute, Florence (Italy), “Constitutionalism and the Other: Multiculturalism and Indigenity in Selected Latin American Countries”
Discussants: Ernest Young, Duke University School of Law, and Dan Rodriguez, University of Texas School of Law
10:45 – 11:00 Coffee Break
11:00 – 12:30 “Positive Rights and Constitutional Design: Guaranteeing Medical Care” – Eidman Courtroom
Moderator and discussant: Lawrence Sager, Dean, University of Texas Law School
Willy Forbath, University of Texas Law School, Visiting Professor, Harvard Law School, “Realizing a Right to HIV/AIDS Treatment: Social Movement, Institutional Reform, and Constitutional Adjudication in South Africa”
Florian Hoffmann, London School of Economics, “Revolution or Regression?: Health Rights Litigation in Brazil”
Honorable Dennis M. Davis (High Court of South Africa–Cape Town)
Honorable Antonio Benjamin (Supreme Court of Brazil)
2:00 – 3:45 Constitutional Amendment and the General Problem of Constitutional Change (plus concluding reflections) – Eidman Courtroom
Moderator: Lucas Powe, University of Texas Law School
Mark Tushnet, Harvard Law School, “Constitutional Workarounds”
John Ferejohn, New York University Law School, and William Eskridge, Yale Law School, ”Statute-Based Constitutional Change”
Ran Hirschl, Department of Political Science and Faculty of Law, University of Toronto, “‘Design Science’ and Constitutional ‘Success’”
Discussant: Mark Graber, University of Maryland Law School and Department of Political Science
*The panel on Positive Rights and Constitutional Design: Guaranteeing Medical Care is the first public project of the George M. Fleming Center for Law and Innovation in Biomedicine and Healthcare. The Center will be formally launched this spring.