Law School hosts talk on High Court's future

by Mark Schaaf

Daily Lobo

With a vote on the confirmation of Samuel Alito expected this week, Harold Hongju Koh, dean of Yale Law School, delivered a lecture on the future of the Supreme Court on Friday at the UNM School of Law.

Koh, introduced as one of the country's leading experts of international law, gave about an hour-long PowerPoint presentation on transnational law, or "law that crosses borders."

Six of the Supreme Court's nine judges are considered transnationalists, Koh said, meaning they often give deference to international law.

Koh said this is the age of globalization, and one-quarter of the court's docket involves cases that look to international law, such as death penalty or treaty cases, he said.

He gave examples, including a case that questioned whether Virginia could execute a mentally disabled person. In part because the United States was the only country that allowed executions of the mentally disabled, the court ruled the executions were cruel and unusual punishments and violated the Eighth Amendment of the U.S. Constitution.

He also cited cases involving detentions of foreigners following the Sept. 11, 2001, terrorist attacks and the rights of Guantanamo Bay detainees as examples of the Court looking to international law for guidance.

Members of the International Law Students Association had the opportunity to meet with Koh before the speech.

One member, Lisa Collins, said Koh was personable and discussed his background.

"I think his father was a big influence on him," Collins said. "He always taught him to stand up for what he believed in."

Chamiza Atencio-Pacheco, a Yale Law School alumna who attended the lecture, said Koh provided an interesting analysis of the Supreme Court situation.

"I thought it was excellent and very timely," she said.

In a brief question-and-answer session afterward, Koh gave some additional insight on the appointment of Alito, saying he often ruled against executive power.

The issue has come up in light of President George Bush's authorization of possible illegal wire tapping of American citizens.

He also said Chief Justice John Roberts, who was confirmed in September, cleverly avoided questions about international law at his Senate committee hearing, stating foreign precedent would not bind him.

The real question, Koh said, is whether Roberts would look to international law, not be bound by it.

"The rights of Americans are defined by international standards," said Koh, who showed a picture of his Harvard Law School class, which featured him and Roberts. "We don't look to what Arizona does - we look to what civilized countries do. We look to what Japan does, we look to what the French do."

Audience member Kevin Nault said Koh was careful not to show a bias toward judges who are transnationalists.

"I thought it was a really intelligent presentation," Nault said. "It wasn't just 'transnationalism good, nationalism bad.' He really justified each position."

Koh predicted both Alito and Roberts to be nationalists, saying Alito rarely looked to international or foreign laws in past decisions.

He added that even if Alito proves to be nationalist, it would still be 5-4, and the next nominee would be the pivotal one.

Koh's talk was part of the John Field Simms Memorial Lecture Series. The UNM School of Law Alumni Association sponsored the speech.

Koh became a member of the Yale Law School faculty in 1985 before becoming dean in 1994.