Abstract:

Professor Schuck's new book first identifies the endemic  ineffectiveness of much federal domestic policy as a major cause of public disaffection with Washington.  This disaffection has grown along with the size and ambition of federal programs and  now threatens the very legitimacy of our polity.  Synthesizing a vast amount of social science evidence and analysis,  he argues that this widespread policy failure has little to do with which party dominates Congress and the White house but instead reflects the systemic, structural, institutional obstacles to effective policy.  These deep obstacles to coherent policymaking include our political culture, political actors' perverse incentives, voters' collective irrationality, policymakers' poor information, the government's inherent inflexibility and lack of credibility, the effect of dynamic markets on policy coherence, the inherent limits of law as a policy instrument, a deviant implementation process, and a deteriorating bureaucracy.  Those policies that have succeeded help to explain why most policies fail. Professor Schuck proposes a variety of remedies to reduce government's failure rate.

Speaker Bio:

Peter H. Schuck is the Simeon E. Baldwin Professor of Law Emeritus at Yale University in New Haven, Connecticut.  He has held the Baldwin professorship since 1984, and also served as Deputy Dean of the Law School. Prior to joining the Yale faculty in 1979, he was Principal Deputy Assistant Secretary for Planning and Evaluation in the U.S. Department of Health, Education, and Welfare (1977-79), Director of the Washington Office of Consumers Union (1972-77), and consultant to the Center for Study of Responsive Law (1971-72).  He also practiced law in New York City (1965-68) and holds degrees from Cornell (B.A. 1962), Harvard Law School (J.D. 1965), N.Y.U. Law School (Ll.M. in International Law 1966), and Harvard University (M.A. in Government 1969). 

His major fields of teaching and research are tort law; immigration, citizenship, and refugee law; groups, diversity, and law; and administrative law. He has published hundreds of articles on these and a broad range of other public policy topics in a wide variety of scholarly and popular journals.  His newest book is Why Government Fails So Often, and How It Can Do Better (April 2014).  Earlier books include Understanding America: The Anatomy of An Exceptional Nation (2008) (co-editor with James Q. Wilson; Targeting in Social Programs: Avoiding Bad Bets, Removing Bad Apples (2006)(with Richard J. Zeckhauser); Meditations of a Militant Moderate: Cool Views on Hot Topics (2006); Immigration Stories (co-editor with David A. Martin, 2005); Foundations of Administrative Law (editor, 2d ed., 2004)  Diversity in America: Keeping Government at a Safe Distance (Harvard/Belknap, 2003); The Limits of Law: Essays on Democratic Governance (2000); Citizens, Strangers, and In-Betweens: Essays on Immigration and Citizenship (1998); and Paths to Inclusion: The Integration of Migrants in the United States and Germany (co-editor with Rainer Munz, 1998); Tort Law and the Public Interest: Competition, Innovation, and Consumer Welfare (editor, 1991); Agent Orange on Trial: Mass Toxic Disasters in the Courts (1987); Citizenship Without Consent: Illegal Aliens in the American Policy (with Rogers M. Smith, 1985); Suing Government: Citizen Remedies for Official Wrongs (1983); and The Judiciary Committees (1974). He is a contributing editor of The American Lawyer.

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Born in Paris in 1956, Christine Lagarde completed high school in Le Havre and attended Holton Arms School in Bethesda (Maryland, USA). She then graduated from law school at University Paris X, and obtained a Master’s degree from the Political Science Institute in Aix en Provence.

After being admitted as a lawyer to the Paris Bar, Christine Lagarde joined the international law firm of Baker & McKenzie as an associate, specializing in Labor, Anti-trust, and Mergers & Acquisitions. A member of the Executive Committee of the Firm in 1995, Christine Lagarde became the Chairman of the Global Executive Committee of Baker & McKenzie in 1999, and subsequently Chairman of the Global Strategic Committee in 2004.

Christine Lagarde joined the French government in June 2005 as Minister for Foreign Trade. After a brief stint as Minister for Agriculture and Fisheries, in June 2007 she became the first woman to hold the post of Finance and Economy Minister of a G-7 country. From July to December 2008, she also chaired the ECOFIN Council, which brings together Economics and Finance Ministers of the European Union.

As a member of the G-20, Christine Lagarde was involved in the Group's management of the financial crisis, helping to foster international policies related to financial supervision and regulation and to strengthen global economic governance. As Chairman of the G-20 when France took over its presidency for the year 2011, she launched a wide-ranging work agenda on the reform of the international monetary system.

In July 2011, Christine Lagarde became the eleventh Managing Director of the IMF, and the first woman to hold that position.

Christine Lagarde was named Officier in the Légion d'honneur in April 2012. A former member of the French national team for synchronized swimming, Christine Lagarde is the mother of two sons.

ABOUT THE SPEAKER:

Shiri Krebs is a JSD Candidate at Stanford Law School, specializing in international criminal and humanitarian law. She was recently awarded the Christiana Shi Stanford Interdisciplinary Graduate Fellowship in International Studies, and was also named the Zukerman Fellow, and Law and International Security Predoctoral Fellow at Stanford Center on International Security and Cooperation (CISAC).

Her doctoral dissertation focuses on war crimes investigations and fact-finding during armed conflicts. This interdisciplinary research project combines theories and methods from law, psychology, sociology and political science, including online survey experiments.

From 2005 to 2010 Shiri served as legal advisor on international law matters in the Chief-Justice's chambers, the Israeli Supreme Court. During that time she has taught public international law at the Hebrew University of Jerusalem, a teaching assistantship which granted her the Dean's award for excellent junior faculty members, as well as 'best teacher' award. After leaving the Supreme Court, Shiri joined the Israeli Democracy Institute as a researcher, working on 'Terrorism and Democracy' projects, and publishing frequent op-eds in various newspapers and blogs.

In September 2010 Shiri started her graduate studies at Stanford Law School. Her Masters thesis - an empirical analysis of preventive detention cases - was presented in several international conferences and has won the Steven M. Block Civil Liberties Award. 

In 2012, while working on her dissertation, Shiri was appointed as a Teaching Scholar at Santa Clara University School of Law, teaching international criminal law and international humanitarian law. She is currently serving as a Teaching Assistant for CISAC's Interschool Honors Program in International Security Studies.

ABOUT THE TOPIC: Key human rights instruments and leading scholars argue that minority language rights should be treated as human rights, both because language is constitutive of an individual’s cultural identity and because linguistic pluralism increases diversity. These treaties and academics assign the value of linguistic pluralism in diversity. But, this paper demonstrates, major human rights courts and quasi-judicial institutions are not, in fact, prepared to force states to swallow the dramatic costs entailed by a true diversity-protecting regime. Outside narrow exceptions or a path dependent national-political compromise, these enforcement bodies continuously allow the state to actively incentivize assimilation into the dominant culture and language of the majority. The minority can still maintain its distinct language, but only at its own cost. The slippage between the promise of rights and their actual interpretation carries some important political and economic benefits, but the resulting legal outcome does not provide the robust protection of diversity to which lip service is paid.  Importantly, the assimilationist nature of the jurisprudence is not indifferent to human rights. However, instead of advancing maximal linguistic diversity as a preeminent norm, the regime that is applied by judicial bodies supports a different set of human rights, those protecting linguistic minorities from discrimination, and promoting equal access of the group to market and political institutions.  The result is a tension between two human rights values: pluralism and equality.

ABOUT THE SPEAKER: Moria Paz is a Law and International Security Fellow at CISAC. She was an affiliate at CISAC from February 2012-July 2013. Before joining CISAC, she was a Lecturer at Stanford Law School and the Teaching Fellow of the Stanford Program for International Legal Studies (SPILS). Her current research examines issues of state control and freedom of movement through the entry point of travel documents. Earlier work examined the intersection between minorities, language rights, and international law. Moria received her S.J.D. degree from Harvard Law School. While at Harvard, she was awarded a number of fellowships, including at the Hauser Center for Non-Profit Organizations, The European Law Research Center, and the Weatherhead Center for International Affairs.