The Jefferson Memorial Lecture: Transnational Legal Process After September 11

Abstract

I come to you from Yale University, where, even as we speak, our campus is hosting the national collegiate final of that most popular American answer-and-question game show, Jeopardy. So I hope you will forgive me if, in the Jeopardy spirit, I start this lecture not with a question and an answer, but with an answer and a question. The answer is: "Same-sex sodomy, Affirmative Action, North Korea, Iraq, Guantanamo, Enemy Combatants, Juvenile Death Penalty, and the International Criminal Court." If that is the answer, what is the question? The question is: "What are all features of transnational legal process after September 11th?" Now if the relationship between my answer and my question is not immediately obvious, please sit back, make yourself comfortable, and let me elaborate.