Stanford University

Jesús Almoguera

Stanford University
Encina Hall
616 Serra Street
Stanford, CA 94305-6055

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Visiting Scholar 2007-2008
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Academic

Pontifical University Comillas, Madrid, Spain (www.upco.es): Degree in Law (1987).

Pontifical University Comillas, Madrid, Spain: Degree in Economics (1988).

Collège d'Europe, Bruges, Belgium (www.coleurop.be): LLM in Hautes Etudes Européennes, 1989.

Professor of Corporate Law, Law School, Pontifical University Comillas.

National Fellow, Hoover Institution, Stanford University, 2007-08.

Visiting Scholar, Stanford Institute for Economic Policy Research (SIEPR), Stanford University, 2007-08.

Rock Center Fellow, Stanford University, 2007-08.

Has published articles as author, co-author or co-editor in newspapers, legal reviews and books (see exhibit).

Professional

Member of the Madrid Bar Association since 1987 (www.icam.es).

Laureate lawyer of the European Commission (open competition Com A/638).

Has wide-ranging corporate and M&A experience, and specialises in private equity, antitrust, litigation and arbitration.

Partner of Ashurst (www.ashurst.com).

Founded the Spanish office of Ashurst in 2001.

Head of the Ashurst Corporate and Litigation and Arbitration departments of the Ashurst Madrid office.

Has worked in corporate, finance and contentious matters for companies like Apax Partners, Coller Capital, TA Associates, Mercapital, Barclays Bank, JP Morgan Chase Bank, Credit Suisse, Goldman Sachs, Merrill Lynch, Royal Bank of Scotland, Stada Arzneimittel, Conserve Italia, Bank of Scotland, ING, ONCE, Anschutz Investments, QXL Ricardo, ACS Dragados, Wella, Rothschild, Cerberus, Morgan Stanley, Candover, Citigroup, TetraPak, Castle Harlan, Ferrovial, etc.

Prior to joining Ashurst, he was a partner at Melchor de las Heras (now, CMS' Albiñana & Suárez de Lezo).

He was also Secretary General of the Spanish State owned TV and radio group Radio Televisión Española (www.rtve.es), the largest media group in Spain.

Mentioned as recommended or leading lawyer in Spain in M&A, Corporate, Restructuring and Insolvency, Private Equity and Media by Chambers Global, Who's Who Legal, Global Counsel 3000, European Legal Experts, Experts Guides Euromoney, Cross-border Mergers and Acquisitions Handbook, etc.

Member of the following arbitration courts:

  • CIMA, Civil and Commercial Arbitration Court of Madrid (www.cima-arbitraje.com).
  • Arbitration Court of the Spanish Chambers of Commerce, Industry and Navigation (www.camaras.org).
  • Arbitration Court of the Madrid Bar Association (www.icam.com).
  • Spanish-Moroccan Arbitration Court.

Has also acted as arbitrator in the Swiss Chambers of Commerce and Industry.

Member of the "Círculo de Empresarios" (www.circulodeempresarios.org), a non-profit, non-partisan and private Spanish association formed by around 200 Spanish business leaders whose companies together employ over 715,000 workers and who share an interest in the major issues affecting the country's economic and social well-being.

Other

Member of the British Private Equity and Venture Capital Association (www.bvca.co.uk)

Born in Madrid, on January 21, 1964. Married. Four children.

Speaks Spanish, English and French.

Publications

  • "Culpable Insolvency", International Corporate Rescue, Kluwer Law International, Volume 3, Issue 6, London, 2006.
  • "Subordination of claims under the New Insolvency Law", International Corporate Rescue, Kluwer Law International, Volume 3, Issue 5, London, 2006.
  • "Understanding the New Insolvency Law", International Corporate Rescue, Kluwer Law International, Volume 3, Issue 2, London, 2006.
  • "El libro blanco de la competencia española", Expansión, Madrid, May 31, 2005.
  • "Brief Analysis of the new Spanish Insolvency Code", International Corporate Rescue, Kluwer Law International, Volume 2, Issue 4, London, 2005.
  • "Comparing civil litigation procedures across Europe", Ashurst, London, 2004.
  • "Principios generales y principales novedades de la Nueva Ley Concursal", Ashurst, Madrid, 2004
  • "Study on the conditions of claims for damages in case of infringement of the EC competition rules", European Commission, Brussels, August, 2004.
  • "Principales novedades de la Ley de Arbitraje", Madrid, June, 2004.
  • "Public to Privates in Spain", Ashurst, Madrid, Abril, 2004.
  • "A guide to investing in Europe. Spain", BVCA, London, 2004.
  • "La polémica modificación de la ley de propiedad intelectual", Expansión, Madrid, April 16, 2003.
  • "Derechos audiovisuales de los partidos de fútbol", Expansión, Madrid, January 11, 2003.
  • "Nuevo Derecho de las Infraestructuras", Revista del Derecho de las Telecomunicaciones e Infraestructuras en Red (REDETI), Madrid, 2001.
  • "Móviles", REDETI, Madrid, April 2001.
  • "Liberalizaciones 2000", Fundación de Estudios de Regulación & Editorial Comares, Granada, 2000.
  • "Algunas ideas sobre las empresas de Internet y el control de las concentraciones económicas", REDETI, Madrid, October, 2000.
  • "Control de fusiones y participaciones empresariales", Expansión, August 2, 2000.

Nozima Kamalova

CDDRL
Stanford University
Encina Hall
616 Serra Street
Stanford, CA 94305-6055

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Visiting Scholar (Uzbekistan) 2007-2009
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Nozima Kamalova, a human rights defender and lawyer, is the director of the Public Defense Office of the Tashkent Board of Lawyers and the founding chair of the Legal Aid Society of Uzbekistan, a nongovernmental organization that works with international human rights organizations, including Human Rights Watch and Amnesty International, to safeguard and promote the rule of law. Kamalova has been instrumental in the revision of several Uzbek laws related to torture and human rights, and her lobbying activities have influenced much policy and legislation adopted both internationally and in Uzbekistan. She has served as a chief consultant to agencies of the United Nations, and in since 2002, she submitted a number of alternative reports to the United Nation's Committees on human rights violations and concerning the use of torture in her country.

In 2005, Kamalova was awarded the Chevening Fellowship by the United Kingdom's Foreign and Commonwealth Office. In 2003, she completed an advanced course on human rights in Poland at the Helsinki Foundation for Human Rights, and in 1999, she was an International Research and Exchanges Board (IREX) Fellow. She holds a diploma with highest honors in law from Tashkent State University.

During her fellowship at CDDRL (2007-09), Kamalova continued her research on how Western antiterrorism policies limit civil liberties and freedoms in less-developed, transitional countries. She studied the impact of the war against terrorism on authoritarian countries, with Uzbekistan as an example, and will develop recommendations for legislation and practice.

"Democracy Promotion and Civil Society: Six Models in Search of Reality"

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Jeffrey S. Kopstein is Professor of Political Science and Director of the Centre for European, Russian, and Eurasian Studies at the University of Toronto. He holds a BA, MA, and PhD from the University of California, Berkeley. He has held fellowships at Harvard University, Princeton University, and has also been an Alexander von Humboldt Fellow. He has written extensively in the fields of European politics, transatlantic relations, and political economy. His publications include various books and edited volumes, including Growing Apart? America and Europe in the 21st Century (Cambridge 2007) Comparative Politics: Interests, Identities, and Institutions in a Changing Global Order (Cambridge, 2000, 2005), and The Politics of Economic Decline in East Germany, (Chapel Hill, 1997). Recent scholarly articles have appeared in World Politics, Comparative Politics, Theory and Society, Political Theory, German Politics and Society, Slavic Review and The Washington Quarterly. Jeffrey Kopstein's research has been supported by grants from the Social Science and Humanities Research Council of Canada, The National Science Foundation, and the National Council for European and Eurasian Research. In 2006 he was the recipient of the University of Torontos Faculty of Arts and Science Outstanding Teaching Award.

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Jeffrey Kopstein Professor Speaker University of Toronto; Director, Centre for European, Russian and Eurasian Studies
Seminars

What Can Ideological Struggles of the Past Teach Us about Islamism v. Secularism Today

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John M. Owen, IV, is an Associate Professor in the Department of Politics at the University of Virginia. He is the author of Liberal Peace, Liberal War: American Politics and International Security (Cornell, 1997), as well as of articles in Foreign Affairs, International Security, International Organization, International Studies Quarterly, Internationale Politik und Gesellschaft, The National Interest, and Perspectives on Politics, and of chapters in several edited volumes. He is a member of the editorial board of International Security. Owen is currently completing a book manuscript titled Clashes of Ideas in World Politics: Ideologies, Alignments, and Regime Change, 1500-2000. He earned a Ph.D. from Harvard University and an MPA from Princeton University, is a faculty fellow at the University of Virginia's Institute for Advanced Studies in Culture, and has held fellowships at Harvard, Stanford, Princeton, and Oxford universities.

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John Owen Associate Professor of Political Science Speaker University of Virginia
Seminars

If Citizenship is Political Community, then Which Communities Count? Borders and boundaries in France and Indonesia

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Excerpt from page 4 of John R. Bowen's "If Citizenship is Political Community, then Which Communities Count? Borders and boundaries in France and Indonesia":

But these acts of invoking citizenship as participatory membership in order to support citizenship as the territorial state can open the door to other, alternative claims about political community, claims that challenge the postulates of territorial boundedness and legal uniformity.

It is these challenges to the national model that I wish to address, doing so by looking at some current developments in the two places where I continue to work, France and Indonesia. In France efforts to strengthen territorial control and internal uniformity have the upper hand, but they have encountered claims that cities should run their own affairs and that long-term residents must be fully incorporated into the political community. In Indonesia it is rather arguments based on participatory membership that are on the rise, and they draw on pre-national institutions of local control and Islamic norms; in turn, however, they are challenged by those in the state and the army who privilege a logic of the territorial state. The objects of debate are in some sense, mirror images - in France, external borders; in Indonesia, internal boundaries - but both debates concern the legitimacy of alternative ideas of political community.

About the Author

John R. Bowen is the Dunbar-Van Cleve Professor of Sociocultural Anthropology at Washington University in St. Louis. His research explores broad social transformations now taking place in the worldwide Muslim community, including special emphasis on Muslim life in Indonesia. His research focuses on the role of cultural forms (religious practices, aesthetic genres, legal discourse) in processes of social change. In most of his work he has looked outward from a longterm research site in the Gayo highlands of Sumatra, Indonesia, to the broader transformations taking place in the Indonesian nation and elsewhere around the globe.

Sponsored by the Program on Global Justice and the Stanford Humanities Center

Encina Ground Floor Conference Room

John Bowen Dunbar Van Cleve Professor of Sociocultural Anthropology Speaker Washington University, St. Louis
Workshops
Linda Randall Meier Research Workshop on Global Justice

Beyond Corporate Codes of Conduct: Work Organization and Labor Standards in Two Mexican Garment Factories

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Abstract

This paper presents a matched pair case study of two factories supplying Nike, the world's largest athletic footwear and apparel company. These two factories have many similarities - both are in Mexico, both are in the apparel industry, both produce more or less the same products for Nike (and other brands) and both are subject to the same code of conduct. On the surface, both factories appear to have similar employment (i.e., recruitment, training, remuneration) practices and they receive comparable scores when audited by Nike's compliance staff. However, actual labor conditions exist between these two factories. What drives these differences in working conditions? What does this imply for traditional systems of monitoring and codes of conduct? Field research conducted at these two factories reveals that beyond the code of conduct and various monitoring efforts aimed at enforcing it, workplace conditions and labor standards are shaped by very different patterns of work organization and human resource management policies.

Richard Locke is professor of political science at Massachusetts Institute of Technology (MIT). He is also faculty director of the MIT Sloan Fellows program and co-director of the MIT Italy program. His research focuses on economic development, comparative labor relations, and political economy.

Sponsored by the Program on Global Justice and the Stanford Humanities Center

Encina Ground Floor Conference Room

Richard Locke Professor of Political Science, Director of Sloan Fellows Program, and Co-director of Italy Program Speaker Massacusetts Institute of Technology
Workshops
Linda Randall Meier Research Workshop on Global Justice

International Law, Fifth Edition

Paragraphs

Thoroughly updated to keep pace with the many new developments in international law, the Fifth Edition of this popular casebook covers the core topics, basic doctrines, and a broad range of foreign policy issues relevant to the contemporary public international law course.

Proven in the classroom, clearly organized, and with a distinctively accessible style, International Law offers

  • a comprehensive and effective blend of current issues and materials with basic international law principles and concepts
  • a balanced combination of relevant cases, excerpts, notes, questions, and other interdisciplinary materials representing a variety of perspectives and disciplines
  • an analysis of the relationship between international and domestic law and public and private law
  • treatment of such substantive topics as International Dispute Resolution, Criminal Law, Human Rights, Environmental Law, and the Use of Force
  • a complete teaching package, including a Teacher's Manual and a biannual Document Supplement
  • Reflecting the many recent developments in this area of the law, the Fifth Edition features:
  • a new co-author, Allen S. Weiner, who brings extensive first-hand knowledge of international legal institutions
  • a new chapter on International Criminal Law that includes current materials on extradition and rendition, the international crimes of genocide, crimes against humanity, grave breaches of the Geneva Conventions, torture, and the emergence of international tribunals, including the International Criminal Court
  • new cases, including Hamdan v. Rumsfeld, Sanchez-Llamas v. Oregon, Sosa v. Alvarez-Machain, American Insurance Assoc. v. Garamendi, Republic of Austria v. Altmann, Case Concerning Israel s Construction of a Wall in the Occupied Palestinian Territories (International Court of Justice), and Prosecutor v. Krstic (International Criminal Tribunal for the Former Yugoslavia)
  • an updated case study in Chapter 1 on the international law and policy implications of the September 11 attacks and the U.S. and world response to the attacks and to terrorism in general, with other materials on the war on terrorism throughout the book
  • expanded treatment of active areas of litigation, including the Alien Tort Statute and suits against foreign government officials and state agencies
  • an extensive updating of the European Union sections, including the implications of the addition of twelve new member states and the failure to pass the new Constitution
  • major revisions to the environmental law chapter that reflect the rapid developments in this area e.g., the Kyoto Protocol and efforts to combat global warming

Table of Contents

  1. What Is International Law?
  2. The Creation of International Norms Treaties, Customary Law, International Organizations, and Private Norm-Creation
  3. International Law in the United States
  4. International Dispute Resolution
  5. States and Other Major International Entities
  6. Foreign Sovereign Immunity and the Act of State Doctrine
  7. Allocation of Legal Authority Among States
  8. International Human Rights
  9. Law of the Sea
  10. International Environmental Law
  11. Use of Force and Arms Control
  12. International Criminal Law
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Aspen Publishers
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0735562784

McFaul gives Class Day lecture to 6,000 Stanford graduates, family members

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News
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CDDRL Director and political science Professor Michael A. McFaul gave the 2007 Class Day lecture on Saturday, June 16. More than 6,000 Stanford graduates, family members, faculty, and alumni attended the lecture.

Political science Professor Michael McFaul gave the Class Day lecture Saturday in Maples Pavilion.

If Stanford is indeed a bubble, political science Professor Michael McFaul deftly pointed out its radiant lining while simultaneously bursting it with a needle--in the form of sobering statistics and descriptions that paint a dour portrait of America's international standing--during his Class Day lecture on Saturday in Maples Pavilion.

Sponsored by the Stanford Alumni Association, the Class Day tradition gathers graduates and their families before a distinguished faculty member for a keynote address that is at once congratulatory and weighty. But McFaul, the Peter and Helen Bing Senior Fellow at the Hoover Institution, began by describing his humble roots as a boy from Montana.

"When I came to Stanford as a 17-year-old freshman, I was raw and not ready for prime time," McFaul admitted. "I had never lived anywhere but Montana. I hadn't even set foot in California, let alone a foreign country."

In 1986, McFaul said he emerged from the Farm a dramatically different person--holding a bachelor's degree in international relations and Slavic languages and literatures, as well as a master's in Russian and East European studies. He had lived in the Soviet Union, Nigeria and Poland; and today, McFaul is regarded as one of the top scholars in terms of bringing together the theory and practice of democracy.

"I came here wanting to practice law and left here wanting to practice diplomacy," said McFaul, who in 2005 was appointed director of the Center for Democracy, Development and the Rule of Law at the Freeman Spogli Institute for International Studies. "So, my time in the bubble changed me."

Then McFaul brought out the needle. He noted that, just as this year's graduates were first arriving on the Farm, President George W. Bush was outlining his "freedom agenda," a plan to transform the world. McFaul said the plan outlined Bush's strategy for promoting democracy around the world as a way of keeping Americans safe.

But so far, McFaul lamented, few of the plan's goals have been realized. "It hasn't been pretty out there," McFaul said. "While you have been living inside the bubble, a lot has been happening--much of it bad--outside of the bubble."

McFaul then reminded graduates of positive developments, such as the Rose Revolution in Georgia in 2003 and the Orange Revolution in Ukraine in 2004. And, no one, he added, misses the Taliban regime in Afghanistan or Saddam Hussein in Iraq.

"But overall, trends are disappointing," McFaul said. "In Afghanistan, democracy is barely holding on. In Iraq and Palestine, there's civil war."

Between 2003, when the departing undergraduates in the audience arrived as freshmen, and today, more than 3,000 American soldiers, roughly 60,000 Iraqis and more than 200,000 people in Darfur have died, McFaul said. He added that the number of al-Qaida's followers also has grown during the four years that the Class of 2007 was in "the bubble."

And yet, the graduates might have left Maples completely deflated were it not for the main message of McFaul's lecture, which was one of renewal. When he graduated from Stanford in 1986, McFaul gave a graduation speech at the ceremony for international relations majors in which he lamented the failing arms control treaty between the Soviet Union and the United States. He also expressed dismay that South Africa's apartheid regime had just declared emergency rule and that Washington seemed too confrontational or too indifferent to address either.

"However, after each of these periods, the United States had found a way to renew itself and become again a force for freedom and justice around the world," McFaul said. "So, my understanding of history gives me confidence in our capacity for renewal. But so does my sense of the future that comes from teaching here at Stanford University."

McFaul said he has taught enough of this year's graduates to know that they have the smarts, the drive and the convictions to turn things around--young men and women from throughout the United States but also from nations such as Afghanistan, Brazil, Egypt, India, Indonesia and Nigeria.

"Someone sitting here right now will someday open the first U.S. Embassy in a democratic Iran," McFaul said. "Someone sitting here right now will inspire a third grader in the South Bronx to become the first kid in his neighborhood to win a Nobel Prize in physics."

But in the effort to renew the world, McFaul also told the graduates they should not forget to renew themselves. He urged them not to describe whatever occupation they take up simply as a job title, but as an action verb; to occasionally welcome idle time to refocus their energies; to embrace uncertainty; and to continue to learn and stay connected to Stanford.

McFaul's parting message echoed the welcome address by Howard Wolf, '80, vice president for alumni affairs and president of the Stanford Alumni Association. "Alumni are the only permanent stakeholders" of the university, Wolf said. "Get involved, stay connected."

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Has America Failed in Iraq?

Authors
Larry Diamond
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Commentary
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In a number of specific respects, the United States has failed in Iraq. We failed to plan effectively for the postwar era. We did not put in nearly enough troops to secure Iraq once Baghdad fell. Despite numerous warnings, we failed to anticipate the rise of an insurgency mobilizing both secular nationalist and religious fundamentalist sentiments, with extensive funding and support by surviving Baathist diehards. We left the borders wide open to infiltration by foreign jihadists who have come to offer themselves up for suicidal terror in Iraq, or - as we have learned recently from a leaked CIA report - to be trained for terrorist attacks on Europe and the United States. We didn't secure the weapons depots.
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