Stanford University

Crime

Mobilizing Public Law: The Lost Wartime Origins of American Administrative Law

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Mariano-Florentino Cuéllar is a professor and Deane F. Johnson faculty scholar at Stanford Law School, the co-director of CISAC, professor (by courtesy) of political science, a faculty affiliate of CDDRL, and a senior fellow at FSI. A member of the Stanford faculty since 2001, he has served in the Obama and Clinton Administrations, testified before lawmakers, and has an extensive record of involvement in public service. His research and teaching focus on administrative law, executive power, and how organizations implement critical regulatory, public safety, migration, and international security responsibilities in a changing world. In July 2010, the President appointed him to the Council of the Administrative Conference of the United States, an independent agency charged with recommending improvements in the efficiency and fairness of federal regulatory programs.  He also serves on the Department of Education’s National Commission on Educational Equity and Excellence, and the Department of State’s Advisory Sub-Committee on Economic Sanctions. 

From early 2009 through the summer of 2010, he was on leave from Stanford serving as Special Assistant to the President for Justice and Regulatory Policy at the White House. In this capacity, he led the Domestic Policy Council’s work on criminal justice and drug policy, public health and food safety, regulatory reform, borders and immigration, civil rights, and rural and agricultural policy. Among other issues, Cuéllar worked on stricter food safety standards, the FDA’s regulatory science initiative, expanding support for local law enforcement and community-based crime prevention, enhancing regulatory transparency, and strengthening border coordination and immigrant integration. He negotiated provisions of the Family Smoking Prevention and Tobacco Control Act and the Food Safety Modernization Act, and represented the Domestic Policy Council in the development of the first-ever Quadrennial Homeland Security Review.

Before working at the White House, he co-chaired the Obama-Biden Transition’s Immigration Policy Working Group. During the second term of the Clinton Administration, he worked at the U.S. Department of the Treasury as Senior Advisor to the Under Secretary for Enforcement, where he focused on countering financial crime, improving border coordination, and enhancing anti-corruption measures.

He has collaborated with or served on the board of several civil society organizations, including the Haas Center for Public Service, the Constitution Project, and the American Constitution Society. He has co-chaired the Regulatory Policy Committee of the American Bar Association’s Section of Administrative Law and Regulatory Practice, and served on the Silicon Valley Blue Ribbon Task Force on Aviation Security. He is a member of the American Law Institute and the Council on Foreign Relations.

After graduating from Calexico High School in California’s Imperial Valley, he received an A.B. magna cum laude from Harvard, a J.D. from Yale Law School, and a Ph.D. in political science from Stanford. He clerked for Chief Judge Mary M. Schroeder of the U.S. Court of Appeals for the Ninth Circuit.

CISAC Conference Room

Mariano-Florentino Cuéllar Co-Director Speaker CISAC
Shiri Krebs Predoctoral Fellow Commentator CISAC
Seminars

The Trial of Li Zhuang: Professionalism and Populism in China’s Legal Reform

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China’s contemporary legal reform is characterized by the coexistence of two ideologies, professionalism and populism, in legal discourses and law practice. The conflicts between the two ideologies are best characterized in the trial of Li Zhuang during the anti-crime campaign in Chongqing in 2009-2011. In this case, the fate of an individual criminal defense lawyer was linked with the broadest legal policies and the highest-level political struggles in the Chinese state. By a scholarly analysis of the Li Zhuang case, this study demonstrates that, although populism remains an intimidating force in China’s legal practice, professionalism has gained the support from a wider range of legal professionals, state officials, and the public through the media and professional mobilization.

This is a SCP-CEAS co-sponsored event. 

Philippines Conference Room

Sida Liu Assistant Professor of Sociology and Law Speaker University of Wisconsin-Madison
Seminars

One Decade of the International Criminal Court: challenges and possibilities

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During the academic year of 2012-2013, the Program on Human Rights’ Sanela Diana Jenkins International Human Rights Series will examine the International Criminal Court (ICC) featuring debates with local, national and international experts, academics and activists. The focus will be on current challenges and possibilities for the ICC, such as how to determine reparations for victims, US and ICC relations, nation state cooperation and the still-to-be included crime of aggression.

The International Criminal Court in The Hague opened its doors 10 years ago amid buoyant optimism and sharp criticism. Supporters of the ICC hope that a permanent criminal court ensures the worst human rights offenders -- those who have committed genocide, war crimes, and crimes against humanity -- are brought to justice, and that nation states will progressively structure their own criminal systems so that genocidaires will face a fair trial before their own people and their own courts. Some critics of the ICC argue that the Court is biased against countries like the U.S., and that it jeopardizes national sovereignty through falsely claiming to be apolitical.  Other critics say that the ICC is biased against the entire region of Africa, noting that so far the ICC has indicted only Africans. Still others say that the ICC process is slow and expensive, noting that after ten years the Court has only completed one prosecution.

One decade later, how should the international community assess the ICC?  How fair are allegations against the ICC of bias and politicization? Have nation states really given over their national sovereignty to the ICC?  Have the ICC, the ad hoc tribunals (the ICTY and the ICTY) and hybrid tribunals (those in Sierre Leone, Cambodia and East Timor) had a deterrent effect on would-be genocidaires? More broadly, what are the pros and the cons of the international criminal justice system, and its less formal cousins such as truth and reconciliation commissions and gacacca?  Does the ICC present a fairer and cheaper alternative to war?

The International Speakers Series will be part of a three quarter sequence comprising a fall workshop, a winter one-unit credit course open to all Stanford students and a spring conference. The results of these conferences will be compiled in a PHR Working Paper Series on the ICC and international criminal justice.

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CISAC Conference Room

Honorable Luis Moreno-Ocampo First Prosecutor of the International Criminal Court Speaker
Richard Steinberg Visiting Professor of International Relations at Stanford, Professor of Law at UCLA, Director of the Sanela Diana Jenkins Human Rights Project Host
Helen Stacy Director of the Program on Human Rights Host CDDRL
Conferences

With a new president and an old party, Mexico faces uncertain future

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Adam Gorlick
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Enrique Peña Nieto was elected Mexico's president promising to curb the drug-related violence that exploded during Felipe Calderon’s past six years in office. His victory means the Institutional Revolutionary Party, or PRI, will return to power after being defeated 12 years ago in the country’s first truly democratic election.

The PRI has a complicated history of corruption. But it also built a reputation for guaranteeing political stability and making the peace among Mexican post-revolutionary warlords during its 71 years as the country’s ruling party.

Associate professor of political science Beatriz Magaloni talks about what to expect from Peña Nieto, what his policies may mean for Mexican-U.S. relations, and how his government would likely allow drug cartels some freedom to operate in exchange for the promise of peace.

Magaloni is the director of the Program on Poverty and Governance at the Center on Democracy, Development, and the Rule of Law at Stanford’s Freeman Spogli Institute for International Studies.

What do we know about Enrique Peña Nieto? Who is he?

His campaign slogan was “Because you know me.” But the paradox is that nobody knows him at all. He’s been the governor of Mexico State for six years, but he doesn’t have a particularly good or impressive record. There hasn’t been a lot of scrutiny of his performance, and people perceive him as a product of the media. He’s married to a soap opera star, and he’s known for his good looks – but also his shallowness. He was asked to list three books that have influenced him, and he had a lot of trouble answering the question.

Peña Nieto is the new face of an old party. What did the PRI accomplish in its 71 years of power?

Mexico had a social revolution in 1910. After the revolution there was continuous violence for almost two decades, and the PRI was created to put an end to the violence by bringing together all the post-revolutionary warlords into one single organization. The idea was they would stop killing each other and as long as they joined this organization, they would be guaranteed a piece of the pie.

The party did tame violence in Mexico, and that’s a big accomplishment. The party also has a history of social reform. They organized massive land redistribution, expanded welfare benefits to workers and oversaw moderate economic growth.

But the PRI was so successful in monopolizing power that they became increasingly corrupt. In the end, the corruption wound up destroying Mexico’s development. By the time of the PRI loss in 2000, we had more than 20 years of economic catastrophe. There was huge inflation, devaluation, unemployment, and a lot of corruption that was exceedingly destructive.

What does corruption in Mexico look like today, and how can it be addressed?

The relationships among cartels, police and politicians are very complicated throughout the country. Mexico has 31 states and one federal district. There are more than 2,400 municipalities, each with its own police force. There are also state and federal police. There are about 15 cartels, and as many as 10 different gangs operating in many of the larger cities. So in each region, you never know who the police are really working for.

The drug trade is so profitable that there are huge incentives for vast sectors of Mexican society to participate. You have to offer people opportunities and chances to make money outside of the drug market. You have to give civil society groups the room they need to grow and influence communities. Tijuana has been successful in turning things around. There was a big push to engage entrepreneurs and make them understand it was up to them to reclaim the city. They helped support the arts and culture. And, most importantly, they gave young people opportunities.

There have been at least 50,000 drug-related killings during Calderon’s term. Why has it been such a bloody six years?

This is a big debate. Some people blame Calderon’s policy of attacking the cartels, which they say forced them to strike back with more force. They say that if he didn’t do that, Mexico wouldn’t be as violent as it is now. Implicit in that critique is that Mexico shouldn’t have done anything about the drug problem. This is the argument that PRI is capitalizing on now – this notion that things were better off when we did nothing.

The other argument from Calderon and his supporters is that criminal organizations were already out of control when he took office. He said cartels were the de facto power holders in vast areas of the territory throughout Mexico, and the government had to do something about it to regain control.

How will the drug war shift?

Peña Nieto says he’s going to control the violence more than fight the cartels. So that’s implying that you have to let the cartels operate. Wars are ended with either a pact or a victory. There can be no victory as long as the drug market is as lucrative as it is. So you need a pact that says as long as the cartels don’t kill or kidnap or do violence, they can operate. But the problem with that is they will continue to be extremely powerful and in control of state institutions. It is very hard to draw the line between that kind of pact and absolute state corruption. I fear it’s hard to reach that pact without acknowledging that Mexico will never have rule of law.

It is clear that we cannot continue with the violence as it is. That’s the biggest thing that needs to be addressed. People are suffering so much. Crimes are not being solved. There is no real sense of justice.

As Mexico’s neighbor and the largest consumer of drugs moving out of Mexico, what role does the United States need to play in reducing the violence?

Much of the problem is about the demand for drugs in the U.S. That’s the source. But people aren’t going to stop consuming drugs. So you need to do something about the legal nature of drugs. Making all drug use and trafficking into an illegal activity is what’s fueling a lot of the violence. So if you legalize drugs – that doesn’t mean you sell them as freely as you sell alcohol, but you can sell them under legal regulation – I think violence will be reduced. And if the United States doesn’t become more engaged and rethink its policies, the violence is going to eventually come across its borders.

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Education Under Fire event

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Please join the Stanford Baha'i Club, in collaboration with the Center on Democracy, Development, and the Rule of Law; the Center on Philanthrophy and Civil Society, Stanford Amnesty International, Stanford Six Degrees in defending Article 26 of the UN's Universal Declaration of Human Rights on

Friday, April 6 from 7:00-9:00pm

We will be screening Education Under Fire, a moving documentary about this issue. Following the screening, we will be having a panel discussion.

Imagine you are sitting in class at Stanford University when armed guards come into the classroom and arrest everyone in your class. Your professor is sentenced to five years in prison; you are expelled not only from Stanford, but from any institution of higher education in the country. Your crime? Gaining a higher education. Your professor’s crime? Providing higher education. Fortunately, this is not happening today at Stanford, but it is happening right now to many young people in Iran.

Since its inception, the Baha’i community of Iran has been suffering different forms of human rights violations, from intense persecution to being denied employment, the ability to bury their dead, access to higher education. Their crime? Being a Baha’i. The Bahá'í Institute for Higher Education (BIHE) was founded in 1987 in response to the Iranian government's continuing campaign to deny Iranian Bahá'ís access to higher education. The need to create a new university for those who were denied access to higher education captivated the talents and minds of exceptional faculty and staff from within Iran and abroad. For twenty years they have dedicated their efforts to building an exemplary institution and cultivating a student body prepared for fulfilling careers, future study, and social responsibility. But this has come with constant struggles and limited resources. In May 2011, the government launched a coordinated attack against the BIHE–raiding dozens of homes, confiscating computers and materials and detaining eighteen professors and administrators. Seven of those arrested received four or five-year prison terms. Their only crime: educating the youth in their community.

We also have a facebook event here - http://www.facebook.com/events/291432670928509/

  
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CEMEX AUDITORIUM, Stanford

Conferences

Local Law Enforcement Human Trafficking Task Forces

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In 2005, California enacted its first anti-trafficking law to make human trafficking a felony in this state and assist victims in rebuilding their lives. Speakers Lt. John Vanek and Sgt Kyle Oki from the San Jose Human Trafficking Task Force, and Deputy Chief Antonio Parra from the San Francisco Human Trafficking Task Forece will speak about identifying cases and victims. They offer a unique perspective on the extent of the problem in California as well as if we are doing enough to protect and assist victims, prosecute traffickers and prevent this violation of human rights.

Bechtel Conference Center

Lt. John Vanek Anti-Human Trafficking Consultant Speaker
Sgt. Kyle Oki Speaker San Jose Human Trafficking Task Force
Chief Deputy Antonio Parra Speaker San Francisco Human Trafficking Task Force
Seminars
Human Trafficking

Cyber Diplomacy and Advancing the US International Strategy for Cyberspace

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About the topic: Mr. Painter will discuss the cyber threats we are facing, and U.S. diplomatic efforts to achieve an open, interoperable and secure cyberspace.

About the Speaker: Christopher M. Painter has been on the vanguard of cyber issues for twenty years.  Most recently, Painter served in the White House as Senior Director for Cybersecurity Policy in the National Security Council Staff.  During his two years at the White House, Painter was a senior member of the team that conducted the President's Cyberspace Policy Review and subsequently served as Acting Cybersecurity Coordinator. He coordinated the development of a forthcoming international strategy for cyberspace and chaired high-level interagency groups devoted to international and other cyber issues.

He began his federal career as an Assistant U.S. Attorney in Los Angeles where he led some of the most high profile and significant cybercrime prosecutions in the country, including the prosecution of notorious computer hacker Kevin Mitnick.  He subsequently helped lead the case and policy efforts of the Computer Crime and Intellectual Property Section in the U.S. Department of Justice and served, for a short time, as Deputy Assistant Director of the F.B.I.'s Cyber Division.  He is a graduate of Stanford Law School and Cornell University.


CISAC Conference Room

Christopher M. Painter Coordinator for Cyber Issues, U.S. Department of State Speaker
Seminars

Combating Cyber Insecurity Around the Globe

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Christopher Painter has been on the vanguard of cyber issues for twenty years. Most recently, Mr. Painter served in the White House as Senior Director for Cybersecurity Policy in the National Security Staff. During his two years at the White House, Mr. Painter was a senior member of the team that conducted the President's Cyberspace Policy Review and subsequently served as Acting Cybersecurity Coordinator. He coordinated the development of a forthcoming international strategy for cyberspace and chaired high-level interagency groups devoted to international and other cyber issues.

Mr. Painter began his federal career as an Assistant U.S. Attorney in Los Angeles where he led some of the most high profile and significant cybercrime prosecutions in the country, including the prosecution of notorious computer hacker Kevin Mitnick. He subsequently helped lead the case and policy efforts of the Computer Crime and Intellectual Property Section in the U.S. Department of Justice and served, for a short time, as Deputy Assistant Director of the F.B.I.'s Cyber Division. For over ten years, Mr. Painter has been a leader in international cyber issues. He has represented the United States in numerous international fora, including Chairing the cutting edge G8 High Tech Crime Subgroup since 2002. He has worked with dozens of foreign governments in bi-lateral meetings and has been a frequent spokesperson and presenter on cyber issues around the globe. He is a graduate of Stanford Law School and Cornell University.

Sloan Mathematics Center

Christopher Painter Coordinator for Cyber Issues Speaker US State Department
Seminars
Liberation Technology Seminar Series

Cigarette Citadels, Remapping Theory and Policy, Cigarette Factories in and Outside of China

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At present, the tobacco industry produces some six trillion cigarettes worldwide every year. Six trillion cigarettes per annum, each ready to release smoke filled with highly addictive nicotine and powerful carcinogens. A third of all these sticks were produced in China last year. In 2011, the world’s largest cigarette maker by volume, the China National Tobacco Corporation, contributed an all-time high of U.S. $214 billion in profits and taxes to the Chinese government, up 22 percent year-on-year. Currently the greatest cause of preventable death in the world, the cigarette is likely to kill ten times as many people in the 21st century as it did in the 20th century, epidemiologists tell us, with China bearing the largest burden. Until now, much global health research and intervention has focused with limited success on the cigarette consumer—addressing how one or another variable prompts people to take up or quit smoking, whether the cue for the consumer is biological, psychological, spatial, financial or symbolic. What though of the industrial sources of tobacco-related diseases? Where are the six trillion cigarettes that are released into circulation each year manufactured? Where are they rolled, wrapped, and boxed for shipment? This presentation will introduce the Cigarette Citadels Project, an innovative application of participatory GIS. With special attention given to China’s network of cigarette factories, Matthew Kohrman will explain how the Cigarette Citadels Project not only reveals conceptual roadblocks in public health policy but also lacuna in social theory pertaining to the state and the politics of life.

Matthew Kohrman joined Stanford’s faculty in 1999. His research and writing bring multiple methods to bear on the ways health, culture, and politics are interrelated. Focusing on the People's Republic of China, he engages various intellectual terrains such as governmentality, gender theory, political economy, critical science studies, and embodiment. His first monograph, Bodies of Difference: Experiences of Disability and Institutional Advocacy in the Making of Modern China, examines links between the emergence of a state-sponsored disability-advocacy organization and the lives of Chinese men who have trouble walking. In recent years, Kohrman has been conducting research projects aimed at analyzing and intervening in the biopolitics of cigarette smoking and production. These projects expand upon analytical themes of Kohrman’s disability research and engage in novel ways techniques of public health.

This event is part of the China's Looming Challenges series. 

Philippines Conference Room

Matthew Kohrman

Stanford University
Department of Anthropology
Building 50, Central Quad
Stanford, California 94305-2034

(650) 723-3421 (650) 725-0605
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Associate Professor of Anthropology
Senior Fellow, by courtesy, at the Freeman Spogli Institute for International Studies
Faculty Affiliate at the Walter H. Shorenstein Asia-Pacific Research Center
Faculty Affiliate at the Stanford Center on China's Economy and Institutions
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Matthew Kohrman joined Stanford’s faculty in 1999. His research and writing bring multiple methods to bear on the ways health, culture, and politics are interrelated. Focusing on the People's Republic of China, he engages various intellectual terrains such as governmentality, gender theory, political economy, critical science studies, and embodiment. His first monograph, Bodies of Difference: Experiences of Disability and Institutional Advocacy in the Making of Modern China, examines links between the emergence of a state-sponsored disability-advocacy organization and the lives of Chinese men who have trouble walking. In recent years, Kohrman has been conducting research projects aimed at analyzing and intervening in the biopolitics of cigarette smoking and production. These projects expand upon analytical themes of Kohrman’s disability research and engage in novel ways techniques of public health.

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Matthew Kohrman Associate Professor of Anthropology and Senior Fellow Speaker FSI
Seminars
China's Looming Challenges
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