The Leaflet

a spotlight on the ideas

that will shape the future of constitutionalism.

 Monday, March 18, 2024
 
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From the Director's Desk
My uncle was murdered in Haiti. Two gang members followed him from the store to his car. Things escalated quickly. First threats, then yelling, and finally gunfire. In a matter of seconds, he was gone.
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Gangs in Haiti have grown steadily more powerful since the end of the Duvalier dictatorship. Today gangs rule the land through fear and violence. They have overwhelmed the national police, they have just forced the president to resign, and they now control the capital
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It is often said that peace and democracy in Haiti are not possible without international intervention. But how can we know? Haiti has never had the opportunity to govern itself without external interference. Since declaring its independence from imperial France in 1804, Haiti has suffered slavocratic subordination, international financial strangulation, foreign military occupation, and externally-sponsored coups and dictatorships. Few countries have ever been a true friend to Haiti. Understandably, then, Haitians do not trust outsiders to act in their best interests. But there is no other solution to Haiti's present problems. The world must act immediately to rescue Haiti from the evil gangs now operating as the shadow state.
Richard Albert
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Judges Without Borders
The gorgeous cover of this book matches the high-quality scholarship on the inside. The Cambridge Handbook of Foreign Judges on Domestic Courts is a unique volume that explains the ins and outs of a curious but common practice: foreign judges sitting on domestic courts, something we see in over 50 jurisdictions around the world. Why do countries appoint outsiders? What functions do these foreign judges perform? How are they received by local actors? How well do they do their job? This excellent book answers all of these questions, and many more.
 
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A Conversation with Justice Sonia Sotomayor
Earlier this year, U.S. Supreme Court Justice Sonia Sotomayor spoke at the University of California at Berkeley. Justice Sotomayor covered a lot of ground, including how to interpret the U.S. Constitution, the power of a dissenting opinion, and the future of the Court. 
 
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Most Cited Scholars
The five most influential scholars in comparative constitutionalism, pictured above, as measured by total citations:
1. George Tsebelis | Greece | 30698 citations
2. Alec Stone Sweet | USA | 21169 citations
3. Andrew Arato | Hungary | 20034 citations
4. Tom Ginsburg | USA | 18565 citations
5. Carlos Bernal | Colombia | 16895 citations
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If you are like me, you are probably wondering “where are the women?” There is a serious gender gap in citations in public law. Fortunately, the gap is closing. Among the top five most cited scholars under the age of 50, two are women – and they are among the very best scholars in the world at any level of seniority in the field of comparative constitutionalism. 
1. Carlos Bernal | Colombia | 16895 citations
2. Mila Versteeg | Netherlands | 4404 citations
3. Rosalind Dixon | Australia | 4291 citations
4. David Landau | USA | 3976 citations
5. Richard Albert | Canada | 3657 citations
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Too Big to Govern?
Has America grown too divided to govern? Christopher Zurn answers emphatically “yes” in Splitsville USA, a must-read for students and scholars of U.S. constitutional history, law, and politics. Zurn’s provocative remedy for what ails America – a negotiated dissolution of the Union – is sure to spark a visceral response from readers. Some will reject it. Others will endorse it. And still others will initially resist but reluctantly agree. Yet wherever readers stand on Zurn’s controversial proposal to save America from itself, they will find much to commend in this challenging and revelatory analysis of democracy in the United States.
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Happy 100th Birthday to the IACL
This year, the International Academy of Comparative Law turns 100. The IACL will celebrate its centennial at the 5th Thematic Congress on Comparative Law, to be held in Paris in November 2024. The IACL was founded at the Hague in September 1924. It is led by President Giuditta Cordero-Moss (below), Professor of Private Law at the University of Oslo.
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An Invitation | Latin America and the Caribbean
Do you write about constitutions in Latin America or the Caribbean? If yes, consider submitting a book proposal to the new Hart Series on Constitutionalism in Latin America and the Caribbean, co-edited by Carlos Bernal, Catarina Botelho, and me. Here is our guide to writing a proposal for the Series. We welcome your interest and inquiries.
 
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Constitutional versus International Law?
Is the state a subject or a source of law? Historically, constitutional and international law have given different answers to the question, the former regarding the state as a source of domestic law and the latter treating the state as a subject of supranational regulation. In his new book titled Law for Leviathan, New York University law professor Daryl Levinson opens our eyes to a point as yet unseen: constitutional and international law are animated by the same objective of imposing law on the state.
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Annual Fundraiser for Haiti
Our annual Send-a-Child-in-Haiti-to-School NCAA March Madness fundraiser is back. In previous years, we have raised enough money to send 15 kids to school. It costs $400 per year, per child.
HOW TO PLAY?
2. Fill-in your bracket no later than Thursday, March 21.
2. Make a $15 minimum contribution to the fundraiser:
4. Friends welcome. Feel free to invite them.
5. Thank you!
 
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Must Textualism be Originalist?
 In an important paper, Frederick Schauer challenges the conventional view that textualism must be understood as a form of originalism. He advances a theory of non-originalist textualism and illustrates its uses and implications in relation to actual constitutional cases. Well worth reading, no matter your preferred interpretive methodology.
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Designing a Writing-Intensive Seminar
This semester I am co-teaching a writing-intensive graduate seminar on comparative constitutional law and politics with my colleague, Zachary Elkins. The course is designed to give students the tools to produce their own publishable work in the study of constitutions.
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The course is demanding. It requires students to begin writing right away, and to keep writing for the duration of the 14-week semester. Early in the term, students prepare a 750-word topic description. We spend time in class discussing each paper idea, giving students the benefit of our collective feedback. Students then refine their topics and produce an annotated bibliography that will guide their research. Next, students develop a draft introduction and table of contents, which they present in class for group discussion. The penultimate step is to prepare a full draft of the paper and to make a formal presentation to the entire class. Students then take this feedback and revise their papers for final submission.
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The topics our students have chosen are innovative, original, and ambitious. Some involve constitutional rights and freedoms, others involve constitutional structures. Students are reading case law, coding constitutions, and delving into philosophy. All papers are comparative. I hope and expect that their papers will be published either as Notes or Articles.
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Here we are, last week, with Monika Nalepa, Professor of Political Science at the University of Chicago. Professor Nalepa visited our seminar to share some research and writing tips with our students, and also to discuss her draft paper “Authoritarian Dependence on Agents of Repression and Regime Survival: A Transitional Justice Perspective.”
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Is the U.S. Constitution Broken?
Last week I debated the question “Is the U.S. Constitution Broken?” at the launch of the Austin Union, a debate society at the University of Austin. The University of Austin – not to be confused with the University of Texas at Austin, where I teach – is a new university established to “renew the mission of the university, and serve as a model for institutions of higher education, by safeguarding academic freedom and promoting intellectual pluralism.” I enjoyed my discussion with Morgan Marietta, Dean of the Center for Economics, Politics, & History at the University of Austin. The program was expertly moderated by Ben Crocker, Director of Special Programs at the University of Austin. The full video is below.
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The program also featured a discussion on “The Importance of Civil Discourse, Free Speech and Debate in a Healthy Democracy” between Nadine Strossen, former president of the American Civil Liberties Union, and Robert F. Kennedy, Jr., candidate for president of the United States.
 
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Richard Albert

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Richard Albert
Founder and Director
 
The mission of the International Forum on the Future of Constitutionalism is to marshal knowledge and experience to build a world of opportunity, liberty, and dignity for all.
 
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