Bernstein Lecture

Justice Susanne Baer, of the Federal Constitutional Court of Germany

2014-15 Annual Bernstein Lecture in Comparative Law

Federalism for Severely Divided Societies:
Possibilities and Pathologies

Presented by Donald L. Horowitz, James B. Duke Professor of Law and Political Science Emeritus at Duke University
November 3, 2014 • 12:30 PM • Duke Law, Room 3041

The Annual Bernstein Lecture in Comparative Law began in 2002 and honors the many contributions to Duke Law School and to the legal community made by the late Professor Bernstein.

Herbert L. Bernstein was a member of the Duke Law faculty from 1984 until his death in 2001. Professor Bernstein's instruction and scholarship concentrated upon contracts, conflict of laws, and comparative law, as well as international economic integration. He taught the European Union Law class at Duke, a subject particularly close to his heart: during the early years of the European Community/European Union, he was involved in the litigation of major cases in the European Court of Justice. For several years, he also served as the Faculty Director of the Law School's Summer Institute of Transnational Law in Brussels.

Professor Bernstein was born in Hamburg, Germany in 1930. Following World War II, he studied and practiced law in Hamburg, and was elected to the prestigious Max-Planck Institute for Foreign and Private International Law. While in private practice, Professor Bernstein continued his studies at the University of Hamburg, where he earned a doctorate in law magna cum laude. He came to the United States in 1962 to study at the University of Michigan, where he obtained his J.D. degree magna cum laude. Before joining Duke Law School, he taught at University of California at Berkeley, University of Hamburg in Germany, and University of Southampton in the United Kingdom.

Professor Bernstein published frequently in both German and English. His bibliography includes the book "Understanding the CISG in Europe" (1997) (co-authored with Joseph Lookofsky, presenter of the 2007 lecture).

Past Bernstein Lectures

  • Bernstein Lecture 2014 | Donald Horowitz, Federalism for Severely Divided Societies
    November 03, 2014 - Professor Donald L. Horowitz, James B. Duke Professor of Law and Political Science Emeritus at Duke University, delivers the Annual Bernstein Lecture in Comparative Law titled "Federalism for Severely Divided Societies: Possibilities and Pathologies." The lecture was co-sponsored by Duke's Center for International & Comparative Law.
  • 2013-14 Bernstein Memorial Lecture: Justice Susanne Baer, "Adjudicating Inequalities"
    September 30, 2013 - Justice Baer of the Federal Constitutional Court of Germany discusses "Adjudicating Inequalities: Some Observations from the Bench," sponsored by the Center for International & Comparative Law.
  • Comparative Criminal Justice: An Institutional Approach
    April 04, 2013 - Professor Nicola Lacey, of All Souls College at Oxford University, presents the 2013 Annual Bernstein Lecture titled "Comparative Criminal Justice: An Institutional Approach." In this lecture, Professor Lacey makes a case for studying comparative criminal justice with close reference to not only the distinctive cultural contexts, but also the particular institutional settings in which rules and policies are developed and put into operation in different countries. Accordingly, she argues that both historical and political-economic approaches are worthy of further development in this field.
  • Constitutionalism, Rights, and International Law: The Glenister Decision
    September 08, 2011 - September 8, 2011 - South African Constitutional Court Justice Edwin Cameron speaks on Constitutionalism, Rights, and International Law: The Glenister Decision. (Annual Bernstein Lecture 2011) Since it was handed down on 17 March 2011, the judgment of South Africa's Constitutional Court in Glenister v President of the Republic of South Africa has received both acclaim and criticism from legal scholars, political analysts and civic-minded South Africans. A narrow majority of the Court upheld a challenge to the constitutional validity of legislation that disbanded the country's elite corruption-fighting unit. The majority's pivotal finding was that the obligation to create an independent corruption-fighting unit, a requirement of international law, also had direct domestic constitutional effect. By cutting through the theoretical divide regarding the relationship between international and national law and placing clear reliance on the South African Constitution's own invocation of international law, the majority judgment demands that there be consonance, not dissonance, between what the government says and does internationally and what it says and does domestically.
  • 2011 Herbert L. Bernstein Memorial Lecture in International and Comparative Law
    April 06, 2011 - April 5, 2011 - On Tuesday, April 5, at 12:15 p.m., legal scholar and author Bernhard Schlink will present the Herbert L. Bernstein Memorial Lecture in International and Comparative Law. Professor Schlink is both a respected legal scholar and the acclaimed author of a number of popular works of fiction, including the novel The Reader. His lecture will focus on proportionality in German and American constitutional law.
  • The 9th Annual Bernstein Lecture: John Bell
    February 24, 2010 - Professor John Bell of the University of Cambridge Law School presents "The Relevance of Foreign Examples to Legal Development" for the ninth annual Bernstein Lecture. The lecture addresses three claims: governance through law is a universal and global activity and therefore its application cannot be confined to a specific jurisdiction; institutional activities of legislating and deciding cases are part of a conversation that extends beyond jurisdictional boundaries; and arguments based on foreign experience have only a limited persuasive status in national legal reasoning and therefore require discussion at a general rather than specific level.
  • Bernstein Lecture 2009 | William Twining, Normative & Legal Pluralism: A Global Perspective
    April 07, 2009 - William Twining, the Quain Professor of Jurisprudence Emeritus, University College of London, and a regular visiting professor at the University of Miami Law School, presents the annual Bernstein Lecture titled "Normative and Legal Pluralism: A Global Perspective." Introductions by Dean Levi and Ralf Michaels. Sponsored by the Center for International & Comparative Law. Recorded on April 07, 2009. Series: Herbert L. Bernstein Memorial Lecture in International & Comparative Law 7th. Related article: William Twinning, Normative and Legal Pluralism: A Global Perspective, 20 Duke Journal of Comparative & International Law 473-518 (2010). Available at: http://scholarship.law.duke.edu/djcil/vol20/iss3/8/
  • Bernstein Lecture 2007 | Joseph Lookofsky, Desperately Seeking Subsidiarity
    November 13, 2007 - Recorded on November 13, 2007. Full title: Desperately Seeking Subsidiarity: Danish Private Law in Scandinavian, European & Global Context. Series: Herbert L. Bernstein Memorial Lecture in International & Comparative Law 6th. Appearing: Paul Haagen, introductions ; Joseph Lookofsky (Copenhagen University), speaker. Related paper: Joseph Lookofsky, Desperately Seeking Subsidiarity Danish Private Law in the Scandinavian, European, and Global Context, 19 Duke Journal of Comparative & International Law 161-185 (2008). Available at: http://scholarship.law.duke.edu/djcil/vol19/iss1/5/
  • Fifth Annual Herbert L. Bernstein Memorial Lecture in International & Comparative Law
    November 02, 2006 - Professor Zhu Suli, dean of Peking University School of Law, discusses political parties and the judicial system in China for the fifth annual Herbert L. Bernstein Lecture in International and Comparative Law Recorded on November 02, 2006. Herbert L. Bernstein Memorial Lecture in International & Comparative Law. Appearing: Jonathan Ocko, introductions ; Zhu Suli, speaker.
  • Richard M. Buxbaum: Fourth Annual Herbert L. Bernstein Memorial Lecture in International & Compa...
    September 27, 2005 - Richard M. Buxbaum: Fourth Annual Herbert L. Bernstein Memorial Lecture in International & Comparative Law Richard M. Buxbaum, Jackson H. Ralston Professor of International Law at the School of Law at University of California, Berkeley presents "Comparative Law as a Bridge Between the Nation State and the Global Economy" for the fourth annual Herbert L. Bernstein Memorial Lecture. Buxbaum is an expert in the fields of corporation law and comparative and international economic law, and since 1987 has been editor-in-chief of the American Journal of Comparative Law. On the UC Berkeley faculty since 1961, he founded and was the first chair of its Center for German and European Studies and the Center for Western European Studies, and was dean of international and area studies from 1993-1999. Introductory remarks and portrait unveiling of Herbert Bernstein by Dean Katherine Bartlett ; additional tributes by Professors Neil Vidmar and Paul Haagen. Recorded on September 27, 2005. Herbert L. Bernstein Memorial Lecture ; 4th. Appearing: Richard M. Buxbaum, speaker.
  • Bernstein Lecture 2004 | Chibli Mallet, Constitutions for the 21st Century
    September 28, 2004 - Recorded on September 28, 2004. Full title: Constitutions for the 21st Century: Emerging Patterns--The European Union, Iraq, Afghanistan. Series: Herbert L. Bernstein Memorial Lecture in International & Comparative Law 3rd. Appearing: Katharine T. Bartlett, welcome ; Donald Horowitz (Duke Law School), introductions ; Chibli Mallat (Universite Saint-Joseph), speaker. Related paper: Chibli Mallat, Constitutions for the 21st Century: Emerging Patterns-The EU, Iraq, Afghanistan..., 1 Center for International & Comparative Law Occasional Papers 41-62 (2009). Available at: http://scholarship.law.duke.edu/faculty_scholarship/1940
  • The Challenges of Europeanization in the Realm of Private Law a Plea for a New Legal Discipline
    September 16, 2003 - Produced at Duke University School of Law on September 16, 2003. Herbert L. Bernstein Memorial Lecture in International & Comparative Law. Appearing: Introduction by Dean Katharine Bartlett ; Speaker: Dr. Christian Joerges of the European University Institute, Law Faculty, Florence, Italy.
  • Bernstein Lecture 2002 | Hein Kötz, Civil Justice Systems in Europe and the United States
    September 10, 2002 - Recorded on September 10, 2002. Full title: Civil Justice Systems in Europe & the United States the Inaugural Herbert L. Bernstein Memorial Lecture. Series: Herbert L. Bernstein Memorial Lecture in International & Comparative Law 1st. Appearing: Speaker: Professor Dr. Hein D. Kötz, Dean, Bucerius Law School, Hamburg, Germany.