Exporting U.S. Criminal Justice
Reuben W. Hills Conference Room
Inconvenient Truths
Abstract
While the Internet can be a profoundly empowering force, it will not fulfill its potential unless we recognize and address a number of "inconvenient truths." Authoritarian regimes are evolving and adapting to the Internet age. China is "exhibit A" in this regard, and has become a model for others to emulate. With the help of multinational companies, some non-democratic and quasi-democratic governments are working to shape the Internet's architecture, coordination, and legal governance in a direction more conducive to their survival. Other even more "inconvenient truths" involve democracies themselves: democratically elected lawmakers in a range of countries are passing laws to address immediate domestic problems of crime, terror, and copyright theft, but are doing so by implementing legal norms and technical standards that both enable and help to justify censorship and surveillance in repressive countries. These "inconvenient truths" lead to complicated questions about the future of authoritarianism, democracy, and sovereignty in the Internet age which challenge many 20th-century assumptions.
Rebecca MacKinnon is a Visiting Fellow at Princeton University's Center for Information Technology Policy where she is working on a book about China, the Internet, and the future of freedom in the Internet age.
MacKinnon is cofounder of Global Voices Online, an award-winning global citizen media network that amplifies online citizen voices from around the world. She is a founding member of the Global Network Initiative, a multi-stakeholder initiative to advance principles of freedom of expression and privacy among Internet and telecommunications companies. She is also on the board of the Committee to Protect Journalists.
Fluent in Mandarin Chinese, MacKinnon has lived in China on and off since childhood. She worked for CNN in Beijing for nine years, serving as CNN's Beijing Bureau Chief and Correspondent from 1998-2001 and then as CNN's Tokyo Bureau Chief and Correspondent from 2001-03.
MacKinnon spent 2004-2006 as a Research Fellow at Harvard: first at the Shorenstein Center on the Press, Politics and Public Policy at the Kennedy School of Government, and then at the Berkman Center for Internet and Society.
In 2007 and 2008 she was Assistant Professor at the University of Hong Kong's Journalism and Media Studies Centre, teaching online journalism and conducting research on the Internet, China, censorship, and the role of technology companies promoting or preventing free expression. While there she launched Creative Commons Hong Kong. In 2009 she carried out research and writing on China, the Internet and freedom of expression as an Open Society Fellow, supported by a grant from the Open Society Institute.
MacKinnon graduated magna cum laude from Harvard College. Her blog can be found at: http://rconversation.blogs.com
Wallenberg Theater
Defining the Crime of Aggression
Beth Van Schaack is Associate Professor of Law with Santa Clara University School of Law, where she teaches and writes in the areas of human rights, transitional justice, international criminal law, public international law, international humanitarian law, and civil procedure.
Prof. Van Schaack joined the law faculty from private practice at Morrison & Foerster LLP where her practice focused on international law, commercial law, criminal defense, and human rights. Prior to entering private practice, Prof. Van Schaack was Acting Executive Director and Staff Attorney with The Center for Justice & Accountability, a non-profit law firm in San Francisco dedicated to the representation of victims of torture and other grave human rights abuses. She was also a law clerk with the Office of the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia.
Encina Ground Floor Conference Room
Allegra McLeod
Program on Global Justice
616 Serra St.
Encina Hall
Stanford, CA 94305-6055
Allegra received her Ph.D. in Modern Thought and Literature from Stanford and her J.D. from Yale Law School. After law school, Allegra clerked for the Honorable M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit and served as an Arthur Liman Public Interest Fellow providing pro bono representation to immigrants detained at the California-Mexico border. As a Liman Fellow, Allegra also conducted research on the intersections of U.S. criminal and immigration policies.
Allegra’s Ph.D. dissertation, entitled Exporting U.S. Criminal Justice: Crime, Development, and Empire After the Cold War, addressed the globalization of U.S. criminal procedural and transnational crime control models. In her dissertation, she systematically examined the range of U.S. government programs engaged in foreign criminal justice reform and the functions these programs fulfilled in terms of fashioning a regime for global governance and neoliberal restructuring during the 1990s and beyond.
At Stanford, Allegra worked to revise and publish her dissertation manuscript and continued her research on the criminalization of migration policy and criminal justice and development.
Coethnicity: Diversity and the Dilemmas of Collective Action
Ethnically homogenous communities often do a better job than diverse communities of producing public goods such as satisfactory schools and health care, adequate sanitation, and low levels of crime. Coethnicity reports the results of a landmark study that aimed to find out why diversity has this cooperation-undermining effect. The study, conducted in a neighborhood of Kampala, Uganda, notable for both its high levels of diversity and low levels of public goods provision, hones in on the mechanisms that might account for the difficulties diverse societies often face in trying to act collectively.
The Mulago-Kyebando Community Study uses behavioral games to explore how the ethnicity of the person with whom one is interacting shapes social behavior. Hundreds of local participants interacted with various partners in laboratory games simulating real-life decisions involving the allocation of money and the completion of joint tasks. Many of the subsequent findings debunk long-standing explanations for diversity's adverse effects. Contrary to the prevalent notion that shared preferences facilitate ethnic collective action, differences in goals and priorities among participants were not found to be structured along ethnic lines. Nor was there evidence that subjects favored the welfare of their coethnics over that of non-coethnics. When given the opportunity to act altruistically, individuals did not choose to benefit coethnics disproportionately when their actions were anonymous. Yet when anonymity was removed, subjects behaved very differently. With their actions publicly observed, subjects gave significantly more to coethnics, expected their partners to reciprocate, and expected that they would be sanctioned for a failure to cooperate. This effect was most pronounced among individuals who were otherwise least likely to cooperate. These results suggest that what may look like ethnic favoritism is, in fact, a set of reciprocity norms--stronger among coethnics than among non-coethnics--that make it possible for members of more homogeneous communities to take risks, invest, and cooperate without the fear of getting cheated. Such norms may be more subject to change than deeply held ethnic antipathies--a powerful finding for policymakers seeking to design social institutions in diverse societies.
Research on ethnic diversity typically draws on either experimental research or field work. Coethnicity does both. By taking the crucial step from observation to experimentation, this study marks a major breakthrough in the study of ethnic diversity.
Crime, War and Global Trafficking: Designing International Cooperation
Globalization creates lucrative opportunities for traffickers of drugs, dirty money, blood diamonds, weapons, and other contraband. Effective countermeasures require international collaboration, but what if some countries suffer while others profit from illicit trade? Only international institutions with strong compliance mechanisms can ensure that profiteers will not dodge their law enforcement responsibilities. However, the effectiveness of these institutions may also depend on their ability flexibly to adjust to fast-changing environments.
Combining international legal theory and transaction cost economics, this book develops a novel, comprehensive framework which reveals the factors that determine the optimal balance between institutional credibility and flexibility. The author tests this rational design
paradigm on four recent anti-trafficking efforts: narcotics, money laundering, conflict diamond, and small arms. She sheds light on the reasons why policymakers sometimes adopt suboptimal design solutions and unearths a nascent trend towards innovative forms of international cooperation which transcend the limitations of national sovereignty.
Hard Choices
Hard Choices offers a most rewarding perspective on how Southeast Asian states straddle the ongoing tensions among three rarely compatible goals—security, democracy, and regionalism. Empirically rich and topically diverse, [the book] is broad in scope and full of deep analytic insights. It will be appreciated well beyond Southeast Asia." — T. J. PEMPEL, University of California, Berkeley
Southeast Asia faces hard choices. The region’s most powerful organization, ASEAN, is being challenged to ensure security and encourage democracy while simultaneously reinventing itself as a model of Asian regionalism.
Should ASEAN’s leaders defend a member country’s citizens against state predation for the sake of justice—and risk splitting ASEAN itself? Or should regional leaders privilege state security over human security for the sake of order—and risk being known as a dictators’ club? Should ASEAN isolate or tolerate the junta in Myanmar? Is democracy a requisite to security, or is it the other way around? How can democratization become a regional project without first transforming the Association into a “people centered” organization? But how can ASEAN reinvent itself along such lines if its member states are not already democratic?
How will its new Charter affect ASEAN’s ability to make these hard choices? How is regionalism being challenged by transnational crime, infectious disease, and other border-jumping threats to human security in Southeast Asia? Why have regional leaders failed to stop the perennial regional “haze” from brush fires in democratic Indonesia? Does democracy help or hinder nuclear energy security in the region?
In this timely book—the second of a three-book series focused on Asian regionalism—ten analysts from six countries address these and other pressing questions that Southeast Asia faces in the twenty-first century.
Recent Praise for Hard Choices
“In this delightful volume, a diverse, fresh, and talented group of authors shed new light on Southeast Asia and speak engagingly to wider scholarly questions. Emmerson's introduction sets the tone for an unusually creative edited collection.”
—Andrew MacIntyre, Australian National University
“In Hard Choices, Donald Emmerson has brought together a remarkable group of leading young scholars to write on Southeast Asian regionalism from political-security, economic, and sociological perspectives. His introductory chapter defines the dimensions of regionalism on which the other contributors elaborate in a series of fine essays examining ASEAN’s past, present, and alternative futures. Hard Choices is a landmark study that will be consulted for years to come by scholars and practitioners. Highly recommended.”
—Sheldon Simon, Arizona State University
Examination copies: Desk, examination, or review copies can be requested through Stanford University Press.
Security, Democracy, and Regionalism in Southeast Asia
Is Democracy Promotable?
James Traub is a contributing writer for The New York Times Magazine, where he has worked since 1998. From 1994 to 1997, he was a staff writer for The New Yorker. He has also written for The New York Review of Books, Foreign Affairs, The Atlantic Monthly, The New Republic and elsewhere. His articles have been widely reprinted and anthologized. He has written extensively about international affairs and especially the United Nations. In recent years, he has reported from Iran, Iraq, Sierra Leone, East Timor, Vietnam, India, Kosovo and Haiti. He has also written often about national politics and urban affairs, including education, immigration, race, poverty and crime.
Most recently, Traub authored the critically acclaimed book, The Best Intentions: Kofi Annan and the UN in the Era of American World Power. His previous books include, The Devil's Playground: A Century of Pleasure and Profit in Times Square, which was published in 2004, and City On A Hill, a book on open admissions at City College that was published in 1994 and won the Sidney Hillman Award for nonfiction. He is a member of the Council on Foreign Relations.
Richard and Rhoda Goldman Conference Room
Film screening of Patricio Guzman's The Pinochet Case and Q&A with Carlos Castresana
The Pinochet Case
Patricio Guzman's The Pinochet Case investigates the legal origins of the case against Augusto Pinochet, the general who overthrew President Salvador Allende of Chile in 1973. This documentary follows the legal cases that ultimately led to Pinochet being arrested and tried for his crimes against humanity committed over the 25 years that he ruled Chile.
Carlos Castresana received his law degree in 1979 from Complutense University, Madrid, Spain. He served as a District and Examine Judge, and Court Magistrate for a number of years, before becoming a member of the Public Prosecutors of Spain, where he worked in the Anti-drug and Anti-corruption Special Offices. In 2005, he was appointed Prosecutor of the Supreme Court. He was also a professor of criminal law at the University Carlos III, Madrid.
Mr. Castresana authored the formal complaint and subsequent reports in the Pinochet Case before the Audiencia Nacional in Spain. He has served as an expert in international legal cooperation and other issues in Europe and Latin America, under appointment of the United Nations, European Union, and Council of Europe. He received the Human Rights National Award in Spain in 1997, was awarded the Doctorate Honoris causa from the Guadalajara University, Mexico in 2003, and the Certificate of Honor from the City and County of San Francisco in 2004. Mr. Castresana teaches courses on human rights in Latin America and international criminal law and is coordinator of Project H32, in the United Nation's Office of Narcotics and Crime in Monterrey, Mexico.
Sponsored by the Stanford Law School, the Program on Global Justice, the Forum on Contemporary Europe, the Stanford Film Lab, VPUE, and the Introduction to the Humanities Program.
Stanford Film Lab
Margaret Jacks Hall, Lower Level
Stanford University
Stanford, CA 94305