Justice Sandra Day O'Connor , “Guantanamo Bay: Legal Black Hole?”
It was standing room only to listen to former United States Supreme Court Justice Sandra Day O'Connor on Wednesday 23 July 2008.
The Justice’s address on “Guantanamo Bay: Legal Black Hole?” attracted large numbers from the VUW Law School, law practitioners, and many others from differing walks of life.
Two lecture rooms were packed and there was apparently a third with an audiovisual, arrangement.
Justice O’Connor is accustomed to large audiences – I have been told she has addressed 20,000.
This was a public seminar arranged by the Victoria University of Wellington Faculty of Law. Justice Sandra Day O'Connor’s two week visit to New Zealand was through the Law School of the University of Canterbury and, in particular, Professor Stephen Todd.
Professor Tony Smith, the Dean of Law, was among those who welcomed Justice Sandra Day O'Connor. In his welcome Professor Smith referred to the Justice’s distinguished career, which has included 25 years on the Supreme Court during which time she delivered many significant decisions.
Justice Sandra Day O'Connor commenced by commenting that she knows that the treatment in Guantanamo Bay is of interest throughout the world.
The theme of the Justice’s address was how the United States Supreme Court has dealt with these issues, and on other cases around the world.
Historical context
The Judge provided historical context and referred back to the 1860s when there was a conflict between the Executive and the Judiciary. President Lincoln was determined defendants would be tried by the military courts, but the Supreme Court rejected this and found that military courts had no jurisdiction over non-military people. President Lincoln said during wartime habeas corpus could be suspended. The Supreme Court disagreed.
Justice O’Connor commented that looking at the past, she does not think that the United States has always struck the right balance between national security and human liberty. She commented, though, that President Lincoln was probably justified in all the circumstances.
Establishment of Detention Centre at Guantanamo Bay
Justice O’Connor then spoke on how the US Congress provided the President with the powers enabling him to set up a detention centre at Guantanamo Bay. These actions have produced four US Supreme Court decisions so far, which the Judge deftly took us through with reference to international human rights.
Separation of Powers
Justice O’Connor observed that it is a major concern when a court is acting contrary to other branches of government (the President and the Congress) as these are the elected representatives, and we have a situation of one branch overruling the other two branches.
Courts of other countries
Justice O’Connor also traversed the decisions of the Canadian Supreme Court, and discussed the situation in other jurisdictions such as Germany, the United Kingdom and Australia.
In response to a question from the floor, Justice O’Connor commented that she cannot speak for the Court as a whole, but she likes to know what other nations are doing in addressing similar issues, and she finds what other nations are doing very interesting. The Judge herself is happy to look at articles and academic writing. Justice O’Connor commented in answer to another question, that there are members of the US Supreme Court who take the position that the decisions of foreign courts should not be considered when considering US constitutional law, but the Court is not of one mind on that.
Justice Sandra Day O’Connor authoritatively and decisively provided her address and replied to questions. The audiences in all the packed lecture rooms were most appreciative to have this valuable opportunity.
Tuesday, May 26, 2009
Justice Sandra Day O’Connor - 4 August 08 Lawtalk Article
The Wellington District Law Society Women in Law Committee was delighted to welcome retired U.S. Supreme Court Judge, Justice Sandra Day O’Connor at an informal gathering on Tuesday 22 July.
Justice O’Connor was in New Zealand for two weeks, and the Judge had a busy itinerary arranged through the Law School of the University of Canterbury, in particular, Professor Stephen Todd.
Justice O’Connor was enjoying catching up with her friends Denis and Anne McLean, whom she knew well from Denis’ posting as New Zealand’s Ambassador to Washington, and with whom she was staying in Wellington.
The Hon Justice Ellen France gave a short speech on behalf of the Judges, the Law Society and the many attendees. In her welcoming remarks the Hon Ellen France referred to Justice O’Connor’s reticence when approached by President Ronald Reagan to be the first woman appointed to the Supreme Court. The Hon Justice Ellen France referred to the pivotal part Justice O’Connor played as the deciding judge in important decisions over the 24 years she was a member of the Supreme Court, and her being a role model for women. With Justice O'Connor's retirement, however, only one woman remains on the U.S. Supreme Court - Ruth Bader Ginsberg who was appointed by President Clinton in 1993.
At 78 years of age, Justice O’Connor addressed the gathering without any notes and with tremendous energy. She first visited New Zealand 30 years ago to walk the Milford Track and was very pleased to be back here.
Justice O’Connor spoke on the history of the development of the rule of law in the United States and the similar systems New Zealand and the United States share.
Justice O’Connor also referred to the importance of the courts being accessible, and people knowing that judges are human. She expressed her concern that about half of the U.S. States do not require civics to be taught at schools. In her retirement Justice O’Connor is working on tools to address this through education, using a computer system based on computer games.
The Justice has seen an entire revolution in her life time – today women have the right to vote and women lawyers can get jobs out of law school. Justice O’Connor commented on the position of women in the law in our respective countries. She is of the view that the position of women in the law in New Zealand is more developed than in the United States. She herself was among the only 1% of the Stanford women who graduated in 1952, and she spoke on the challenges she had trying to get her first job. Today over 50% of law students in the United States are women; and she noted that in New Zealand it is higher.
She observed that a challenge before women is that at some point women will discover they want to have children and a family. She herself had to stop work for 5 years to look after her three children. Justice O’Connor spoke on the importance of women not getting derailed.
Justice O’Connor downplayed her role on the minority of some key Supreme Court decisions, commenting that there is a discretion on which cases to accept to hear and that those cases the Court does choose to hear have good arguments on either side.
She also spoke on the appointment process to the Supreme Court, commenting that the rigorous process of putting questions to, and seeking answers from, nominees is a good one as it gives the public a glimpse of the views held by the nominated Supreme Court Judge.
The Wellington District Law Society is most grateful that Justice Sandra Day O’Connor shared her time with us in Wellington.
Justice O’Connor was in New Zealand for two weeks, and the Judge had a busy itinerary arranged through the Law School of the University of Canterbury, in particular, Professor Stephen Todd.
Justice O’Connor was enjoying catching up with her friends Denis and Anne McLean, whom she knew well from Denis’ posting as New Zealand’s Ambassador to Washington, and with whom she was staying in Wellington.
The Hon Justice Ellen France gave a short speech on behalf of the Judges, the Law Society and the many attendees. In her welcoming remarks the Hon Ellen France referred to Justice O’Connor’s reticence when approached by President Ronald Reagan to be the first woman appointed to the Supreme Court. The Hon Justice Ellen France referred to the pivotal part Justice O’Connor played as the deciding judge in important decisions over the 24 years she was a member of the Supreme Court, and her being a role model for women. With Justice O'Connor's retirement, however, only one woman remains on the U.S. Supreme Court - Ruth Bader Ginsberg who was appointed by President Clinton in 1993.
At 78 years of age, Justice O’Connor addressed the gathering without any notes and with tremendous energy. She first visited New Zealand 30 years ago to walk the Milford Track and was very pleased to be back here.
Justice O’Connor spoke on the history of the development of the rule of law in the United States and the similar systems New Zealand and the United States share.
Justice O’Connor also referred to the importance of the courts being accessible, and people knowing that judges are human. She expressed her concern that about half of the U.S. States do not require civics to be taught at schools. In her retirement Justice O’Connor is working on tools to address this through education, using a computer system based on computer games.
The Justice has seen an entire revolution in her life time – today women have the right to vote and women lawyers can get jobs out of law school. Justice O’Connor commented on the position of women in the law in our respective countries. She is of the view that the position of women in the law in New Zealand is more developed than in the United States. She herself was among the only 1% of the Stanford women who graduated in 1952, and she spoke on the challenges she had trying to get her first job. Today over 50% of law students in the United States are women; and she noted that in New Zealand it is higher.
She observed that a challenge before women is that at some point women will discover they want to have children and a family. She herself had to stop work for 5 years to look after her three children. Justice O’Connor spoke on the importance of women not getting derailed.
Justice O’Connor downplayed her role on the minority of some key Supreme Court decisions, commenting that there is a discretion on which cases to accept to hear and that those cases the Court does choose to hear have good arguments on either side.
She also spoke on the appointment process to the Supreme Court, commenting that the rigorous process of putting questions to, and seeking answers from, nominees is a good one as it gives the public a glimpse of the views held by the nominated Supreme Court Judge.
The Wellington District Law Society is most grateful that Justice Sandra Day O’Connor shared her time with us in Wellington.
President’s Lunch – Judith Hanratty Address 12 MArch 08
Judith Hanratty, barrister, Company Secretary and Counsel of BP plc until 2004, who is now a Director of the UK Gas and Electricity Authority provided an insightful and inspiring address at the President’s Lunch on Wednesday 12 March 2008. She was awarded an OBE for her services to the Oil and Gas industry in the UK in 2002 and more recently has been appointed a Commander of the Royal Victorian Order.
This was the first President’s Lunch during the term of our President, Richard Fowler. In introducing Judith Hanratty, Richard Fowler paid tribute to Judith’s career which includes being our highest serving corporate lawyer and her central role in the energy sector in the Northern hemisphere. She is one of the highest-achieving Kiwi women in international business circles.
Colleagues from throughout the profession gathered at Russell McVeagh’s offices, for a lunch generously hosted by Russell McVeagh.
It was a remarkable privilege to meet with Judith Hanratty. Judith was born in Wellington and completed a Bachelor of Laws and later Master of Laws with Honours at Victoria University. In 1986 Judith’s career took her to BP’s head office in London, though she does visit her New Zealand home each summer.
Judith was heavily involved in some of the biggest global oil deals of the 1980s and was the most senior woman in BP throughout her time with the oil giant in London. Judith is still in the energy business as a member of the UK Gas and Electricity Authority. Her personal views on the worldwide future of energy, and comments on her role as a regulator were insightful and fascinating.
Judith’s address was packed with thoughtful observations and facts and figures on oil and gas and other forms of energy generation, how this interplays in the world economy, and affects us in New Zealand both in the present and into the future.
There has been rapid change in the energy sector in recent years. The price of oil is at its all time record, and unfortunately, at least in the medium term, the era of cheap energy is behind us. Energy security and access to reliable energy are key issues for governments worldwide. The world is becoming steadily more dependant on traded oil and gas. Twenty years ago world oil trading accounted for 45% of supply. That figure is now nearly 70%.
Judith commented that growth in the trade of oil and gas is actually a good thing as it is an indication that the markets are resilient, robust and strong, and free trade creates mutual dependence and mutual advantage.
For all of us worldwide this means that we have to ensure in each country that the domestic market is well integrated into the global energy market. And while we may strive for self sufficiency, we can never know what is around the corner – there is always the possibility of the unknown exemplified for the US by Hurricane Katrina.
Looking forward, energy demand is expected to rise by 50% in the next 20 years - 70% from developing countries and 30% of that just from China.
Alternative forms of energy generation such as wind, solar and biofuels, are growing. For the time being we are reliant on fossil fuels. Judith spoke on the world’s oil and gas future production and how they are still central to the world’s supply for some time.
Judith spoke on the challenges of production (pipelines, geography, engineering and the politics), and other pressures on the industry such as climate change.
For us as lawyers, there are other implications. Judith commented on the great need for lawyers in this environment. Meeting the future challenges will require cross-industry collaboration which in turn requires agreements. Agreements can break down and then too more lawyers are required.
It was fascinating to learn that with the strides in disposal of nuclear waste, nuclear energy could perhaps be an option 10 to 15 years out for those who have not yet got it.
Judith also commented on future issues in the energy sector, which include investment, standardisation, and getting efficiency into the sector; and on emissions trading schemes. She referred to some of the issues arising now in regulation, particularly in the UK.
This was a comprehensive, thorough and knowledgeable briefing on the energy sector from a business leader and lawyer who knows the sector inside out and has immense breadth of experience.
Andrew Butler, Partner in Russell McVeagh in his vote of thanks acknowledged how Judith had taken us through the vast range of developments affecting energy and in a way that all of us could understand and tap into. She had communicated complex ideas in a way that could be readily understood.
My grateful thanks to Judith Hanratty for her assistance with this article.
This was the first President’s Lunch during the term of our President, Richard Fowler. In introducing Judith Hanratty, Richard Fowler paid tribute to Judith’s career which includes being our highest serving corporate lawyer and her central role in the energy sector in the Northern hemisphere. She is one of the highest-achieving Kiwi women in international business circles.
Colleagues from throughout the profession gathered at Russell McVeagh’s offices, for a lunch generously hosted by Russell McVeagh.
It was a remarkable privilege to meet with Judith Hanratty. Judith was born in Wellington and completed a Bachelor of Laws and later Master of Laws with Honours at Victoria University. In 1986 Judith’s career took her to BP’s head office in London, though she does visit her New Zealand home each summer.
Judith was heavily involved in some of the biggest global oil deals of the 1980s and was the most senior woman in BP throughout her time with the oil giant in London. Judith is still in the energy business as a member of the UK Gas and Electricity Authority. Her personal views on the worldwide future of energy, and comments on her role as a regulator were insightful and fascinating.
Judith’s address was packed with thoughtful observations and facts and figures on oil and gas and other forms of energy generation, how this interplays in the world economy, and affects us in New Zealand both in the present and into the future.
There has been rapid change in the energy sector in recent years. The price of oil is at its all time record, and unfortunately, at least in the medium term, the era of cheap energy is behind us. Energy security and access to reliable energy are key issues for governments worldwide. The world is becoming steadily more dependant on traded oil and gas. Twenty years ago world oil trading accounted for 45% of supply. That figure is now nearly 70%.
Judith commented that growth in the trade of oil and gas is actually a good thing as it is an indication that the markets are resilient, robust and strong, and free trade creates mutual dependence and mutual advantage.
For all of us worldwide this means that we have to ensure in each country that the domestic market is well integrated into the global energy market. And while we may strive for self sufficiency, we can never know what is around the corner – there is always the possibility of the unknown exemplified for the US by Hurricane Katrina.
Looking forward, energy demand is expected to rise by 50% in the next 20 years - 70% from developing countries and 30% of that just from China.
Alternative forms of energy generation such as wind, solar and biofuels, are growing. For the time being we are reliant on fossil fuels. Judith spoke on the world’s oil and gas future production and how they are still central to the world’s supply for some time.
Judith spoke on the challenges of production (pipelines, geography, engineering and the politics), and other pressures on the industry such as climate change.
For us as lawyers, there are other implications. Judith commented on the great need for lawyers in this environment. Meeting the future challenges will require cross-industry collaboration which in turn requires agreements. Agreements can break down and then too more lawyers are required.
It was fascinating to learn that with the strides in disposal of nuclear waste, nuclear energy could perhaps be an option 10 to 15 years out for those who have not yet got it.
Judith also commented on future issues in the energy sector, which include investment, standardisation, and getting efficiency into the sector; and on emissions trading schemes. She referred to some of the issues arising now in regulation, particularly in the UK.
This was a comprehensive, thorough and knowledgeable briefing on the energy sector from a business leader and lawyer who knows the sector inside out and has immense breadth of experience.
Andrew Butler, Partner in Russell McVeagh in his vote of thanks acknowledged how Judith had taken us through the vast range of developments affecting energy and in a way that all of us could understand and tap into. She had communicated complex ideas in a way that could be readily understood.
My grateful thanks to Judith Hanratty for her assistance with this article.
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