Lincoln's Constitutionalism in
Time of War: Lessons for the
War on Terror?
On January 30, 2009, Chapman
University School of Law will host the 2009 Chapman Law Review Symposium.
This year's Symposium will address extremely topical questions relating to
civil liberties, Guantanamo Bay, and the economics of war in the context of
Abraham Lincoln's Constitutionalism, comparing the civil war and the current
war on terror. The Symposium has been recognized as an officially endorsed
event by the
Abraham Lincoln Bicentennial Commission (.pdf).
Except where indicated, the
registration fee includes a light breakfast and lunch. Participants may also
register to receive MCLE credit.
MCLE Credit Recipients: $75/person
Non-Lawyers/No MCLE Credit: $35
Students/No Lunch: Free
Download and print a registration form (.doc) or see a list of
Schedule of Events
8:00 - 9:00a.m.
9:00 - 10:40a.m.
Suspending Rights to
Sustain Public Safety: Deciphering Wartime Suspensions of the Writ of Habeas
Corpus by Presidents Lincoln and Bush
This panel will compare and contrast
constitutional approaches to the suspension of the writ of habeas corpus by
President Lincoln in the Civil War and President Bush during the War on
Terror. Panelists will embark on a conversation and debate that considers
cases such as, Ex Parte Merryman; Ex Parte Milligan; Ex Parte Quirin and the
recent Guantanamo Bay Detainee Cases to determine when it is appropriate for
a president to suspend the writ of habeas corpus and the proper measures a
president must take when suspending a civil liberty to protect public safety.
Panelists: Jonathan Hafetz, Kyndra Rotunda, Scott
Sullivan, John Yoo, John Eastman (moderator)
10:50a.m - 12:30p.m.
What Would Lincoln Do?
Constitutional Approaches to Wartime Finance and Economics
The effect of war on the American economy often
serves as one of the most hotly contested issues resulting from American
engagement in conflict. This panel will discuss whether President Lincoln's
Greenback approach to financing the Civil War is an economic model other
war-time presidents should consider. The panel will consider the economic
effects of war and will decipher which elements of war strengthen an economy
and which elements burden an economy. The panel will focus upon successful,
unsuccessful and potential models for funding the current War on Terror.
Panelists: Robert D. Auerbach, Michael A. Bernstein,
Jeffrey Rogers Hummel, Timothy Canova, Lynne M. Pierson Doti (moderator)
12:40 - 2:10p.m.
Luncheon Keynote Address
featuring Harry V. Jaffa
Harry V. Jaffa is a leading proponent of Abraham
Lincoln who served as a speechwriter for Barry Goldwater and is recognized as
one of the most famous students of Leo Strauss. The author of numerous
articles and books, Jaffa's publications include, Crisis of the House
Divided: An Interpretation of the Lincoln-Douglas Debates (University of
Chicago Press, 1959).
2:20 - 4:00p.m.
Civil Liberties for
Civil Rights: Justifying Wartime Decline of Civil Liberties by a Gain of
The Civil War and War on Terror present two
wartime models where Americans' rights to various civil liberties were
suspended. The suspension of the writ of habeas corpus, the institution of
military commissions to try combatants, and limitations on the 1st Amendment
remain some of the most debated issues of both the Civil War and the War on
Terror. This panel will consider whether these limiting measures on
Americans' civil liberties were justifiable by the subsequent civil rights
secured as the result of each war-namely, the Reconstruction Amendments which
secured the civil rights of African Americans after the Civil War and
liberation of the Iraqi people resulting from the War on Terror.
Panelists: Marjorie Cohn, M. Katherine B. Darmer, Roger
Pilon, Robert Pushaw, Celestine Richards McConville (moderator)
Reception to immediately follow