Lawfare! Introduction

FRI, SEP 10, 2010 (13:47)

This program is the first major academic symposia dedicated to exploring the concept of “Lawfare.” Traditionally “Lawfare” was defined as “a strategy of using—or misusing—law as a substitute for traditional military means to achieve an operational objective.” But lately, commentators and governments have applied the concept to International Criminal Tribunals, the defense counsel’s tactics challenging the detention of al Qaeda suspects in Guantanamo Bay and, as indicated in the quote above, to the controversial Goldstone Commission Report. This Conference and Experts Meeting, features two-dozen leading academics, practitioners, and former government officials from all sides of the political spectrum, that examine the usefulness and appropriate application of the “Lawfare” concept.

+ BIO: Michael Scharf

Michael Scharf is the John Deaver Drinko - Baker & Hostetler Professor of Law, and Director of the Frederick K. Cox International Law Center, at Case Western Reserve University School of Law. In February 2005, Scharf and the Public International Law and Policy Group, a Non-Governmental Organization he co-founded and directs, were nominated for the Nobel Peace Prize by six governments and the Prosecutor of an International Criminal Tribunal for the work they have done to help in the prosecution of major war criminals, such as Slobodan Milosevic, Charles Taylor, and Saddam Hussein.

During the first Bush and Clinton Administrations, Scharf served in the Office of the Legal Adviser of the U.S. Department of State, where he held the positions of Attorney-Adviser for Law Enforcement and Intelligence, Attorney-Adviser for United Nations Affairs, and delegate to the United Nations Human Rights Commission. In 1993, he was awarded the State Department's Meritorious Honor Award "in recognition of superb performance and exemplary leadership" in relation to his role in the establishment of the International Criminal Tribunal for the former Yugoslavia.

A graduate of Duke University School of Law (Order of the Coif and High Honors), and judicial clerk to Judge Gerald Bard Tjoflat on the Eleventh Circuit Federal Court of Appeals, Scharf is the author of over seventy scholarly articles and thirteen books, including Balkan Justice, which was nominated for the Pulitzer Prize in 1998, The International Criminal Tribunal for Rwanda, which was awarded the American Society of International Law's Certificate of Merit for the Outstanding book in International Law in 1999, Peace with Justice, which won the International Association of Penal Law Book of the Year Award for 2003, and Enemy of the State, which won the International Association of Penal Law Book of the Year Award for 2009. Scharf's most recent book is Shaping Foreign Policy in Times of Crisis (Cambridge University Press, 2010).

Scharf has also testified before the U.S. Senate Foreign Relations Committee and the House Armed Services Committee; and his Op Eds have been published by the Washington Post, Los Angeles Times, Boston Globe, Christian Science Monitor, and International Herald Tribune. Recipient of the Case Western Reserve University School of Law Alumni Association's 2005 "Distinguished Teacher Award" and Ohio Magazine's 2007 "Excellence in Education Award," Scharf teaches International Law, International Criminal Law, the Law of International Organizations, and the War Crimes Research Lab which provides research assistance to five international tribunals.

+ BIO: Robert Rawson

Bob Rawson counsels clients and litigates disputes involving antitrust and trade regulation. He has handled cases involving mergers and acquisitions, price discrimination, monopolization and attempted monopolization, price-fixing, class actions, intellectual property cases raising antitrust issues, and takeovers. In addition, he has significant experience in general commercial litigation.

In his most recent trial, he led a team for R.J. Reynolds Tobacco to a defense jury verdict on a price discrimination claim in which a tobacco retailer sought several billion dollars in damages allegedly caused by differences in prices offered to its competitors. Before trial, the court granted summary judgment on plaintiff's claim of a Sherman Act conspiracy with other retailers.

On the plaintiff's side, Bob won a multimillion dollar verdict for Hospital Corporation of America (HCA) in a conspiracy and monopolization case against Blue Cross of Kansas (Reazin v. Blue Cross, et al., 663 F. Supp. 1360 (D. Kan. 1987), aff'd, 899 F.2d 951 (10th Cir.), cert. denied, 110 S. Ct. 3241 (1990)).

Bob also has had successful appellate arguments in the Second, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits.

Bob has served for 20 years on the Board of Trustees of Princeton University, including 13 years as Executive Committee Chairman. Bob is a Life Trustee of the National Civic League and past Chairman of the Northeast Ohio Council on Higher Education. He is a member of the Board of the Lawyers Committee for Civil Rights and past Chairman of the Cleveland Initiative for Education.

Bob Rawson counsels clients and litigates disputes involving antitrust and trade regulation. He has handled cases involving mergers and acquisitions, price discrimination, monopolization and attempted monopolization, price-fixing, class actions, intellectual property cases raising antitrust issues, and takeovers. In addition, he has significant experience in general commercial litigation.

In his most recent trial, he led a team for R.J. Reynolds Tobacco to a defense jury verdict on a price discrimination claim in which a tobacco retailer sought several billion dollars in damages allegedly caused by differences in prices offered to its competitors. Before trial, the court granted summary judgment on plaintiff's claim of a Sherman Act conspiracy with other retailers.

On the plaintiff's side, Bob won a multimillion dollar verdict for Hospital Corporation of America (HCA) in a conspiracy and monopolization case against Blue Cross of Kansas (Reazin v. Blue Cross, et al., 663 F. Supp. 1360 (D. Kan. 1987), aff'd, 899 F.2d 951 (10th Cir.), cert. denied, 110 S. Ct. 3241 (1990)).

Bob also has had successful appellate arguments in the Second, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits.

Bob has served for 20 years on the Board of Trustees of Princeton University, including 13 years as Executive Committee Chairman. Bob is a Life Trustee of the National Civic League and past Chairman of the Northeast Ohio Council on Higher Education. He is a member of the Board of the Lawyers Committee for Civil Rights and past Chairman of the Cleveland Initiative for Education.

+ BIO: Michael Kelly

Professor Kelly coordinates the International and Comparative Law Program at Creighton University School of Law. He is the newly-elected president of the U.S. National Chapter of L'association International du Droit Pénal, a Paris-based society of international criminal law scholars, judges and attorneys founded in 1924 that enjoys consultative status with the United Nations. His research and teaching focuses on the fields of international and comparative law and Native American law. He is the author and co-author of four books and over thirty articles and book chapters in these areas, and his work is among the top 15% downloaded from the Social Science Research Network (SSRN).

Professor Kelly has presented his views on U.N. Security Council reform to the Academic Council of the U.N. System in New York and has consulted with the Kurdish regional parliament in Erbil on drafting their new constitution under the federal law of Iraq. His Op-Ed columns have appeared in the Los Angeles Times, Houston Chronicle, San Diego Union Tribune, Detroit News, Chicago Sun-Times, Philadelphia Inquirer, and Omaha World Herald; and he continues to serve as a Contributing Editor to the online legal newspaper JURIST. Professor Kelly wrote the grant that USAID awarded to the Law School calling for creation of a model Cuba/U.S. bilateral property claims settlement tribunal which can be offered to a transitional government in Havana after the Castro regime is gone. University Vice President Patrick Borchers led the team of six law and political science faculty tasked with building this model, which was reported out as a book on The Resolution of Outstanding Property Claims Between Cuba & the United States (Creighton University Press 2007). His other books include Ghosts of Halabja: Saddam Hussein & the Kurdish Genocide (Praeger 2008), with a foreword by Judge Ra'id Juhi al-Saedi, Nowhere to Hide: Defeat of the Sovereign Immunity Defense for Crimes of Genocide (Peter Lang 2005), with a foreword by Archbishop Desmond Tutu, and Equal Justice in the Balance: America's Legal Responses to the Emerging Terrorist Threat (University of Michigan Press 2004) co-authored with Raneta Lawson Mack, with a foreword by Michael Ratner. His most recent law review articles can be found in the international journals at UCLA, Case Western, Wisconsin and Cornell.

Professor Kelly received his LL.M. in International & Comparative Law from Georgetown University and his J.D. and B.A. from Indiana University, where he served as an editor of the Indiana International & Comparative Law Review and president of the Student Bar Association. He was an attorney with the Indiana Department of Environmental Management and, before joining the Creighton faculty in 2001, taught at Michigan State University College of Law.

Partner
Case Western Reserve University
Series
Lawfare