4:30-6 pm | Gittis 213, Kushner Classroom
Reception to Follow
Title: Counter-Terror: The Model, the Reality
Featuring Dell Dailey, former Ambassador-at-Large and Coordinator for Counter-Terrorism, U.S. Department of State and Director, Center for Special Operations, U.S. Special Operations Command
Moderator: Claire Finkelstein
Commentator: Deborah Pearlstein, Visiting Faculty Fellow, University of Pennsylvania Law School

In recent years, we have come to appreciate that the United States faces real and profound terrorist threats from both domestic and international terrorists. But what happens when military and civilian leaders become aware of an imminent threat? What national and international tools are available to the U.S. government to identify and prevent a terrorist act from taking place? How do American laws and policies intersect with international law when a terror threat hits the radar in real time? Please join Ambassador Dell Dailey for a wide-ranging discussion that will look at cutting edge issues facing America’s counter-terrorism operations today. Ambassador Dailey will present the current counter terror model, discuss new or existing organizations to assist countering terror, and provide an updated assessment of Al Qaeda. A question and answer period will follow. This presentation is jointly sponsored by the Penn Law Office of International Programs, the Institute for Law and Philosophy and the Penn Law National Security Society. It is free and open to the public.


Note: Abstracts are open but a login is required for all papers.

09:00 - 09:30 am Breakfast

09:30 - 11:00 am SESSION 1: The Problem of Targeted Killing

Moderator: Professor Claire Finkelstein

Colonel Max Maxwell, "Like Playing Whack-A-Mole Without a Mallet? Allowing the State to Rebut the Civilian Presumption"
Abstract (pdf) | Paper (pdf)
Professor Kenneth Anderson, "A Tension Between Efficiencies of Jus in Bello and Jus Ad Bellum In the Practice of Targeted Killing Through Drone Warfare"
Abstract (pdf) | Paper (pdf) [updated]

Commentator: Professor Deborah Pearlstein

11:00 - 11:30 am Break

11:30 - 01:00 pm SESSION 2: Targeted Killings and the Rights of Non-Combatants

Moderator: Professor William Ewald

Professor Jens Ohlin, "Targeting Co-Belligerents"
Abstract (pdf) | Paper (pdf)
Professor Craig Martin, "Going Medieval: Targeted Killing, Armed Conflict, and Self-Defense"
Abstract (pdf) | Paper (pdf) [revised]

Commentator: Professor Alexander Greenawalt

01:00 - 02:00 pm Lunch

02:00 - 03:30 pm SESSION 3: Targeted Killing and its Political Implications

Moderator: Professor Stephen Morse

Professor Amos Guiora, "Targeted Killing: A Legal, Practical and Moral Analysis"
Abstract (pdf) | Paper (pdf)
Professor Fernando Tesón, "Is Targeted Killing Ever Justified?"
Abstract (pdf) | Paper (pdf)

Commentator: Professor Andrew Altman

03:30 - 04:00 pm Break

04:00 - 05:30 pm SESSION 4: Implementation of Targeted Killing in the Changing Landscape of Modern Warfare

Moderator: Professor John Dehn

Professor Gregory McNeal, "Collateral Damage and the Administrative Process of Targeted Killing"
Abstract (pdf)
Professor Kevin Govern, "Guns for Hire – Death on Demand?"
Abstract (pdf) | Paper (pdf)

Commentator: Professor Jean Galbraith

05:30 - 06:30 pm Break.

06:30 pm Cocktails and Dinner at the home of Claire Finkelstein & Leo Katz.

Keynote address:
Ambassador Dell Dailey, "Targeted Killing - An Operators Perspective"

09:00 - 09:30 am Breakfast

09:30 - 11:00 am SESSION 5: Targeted Killing under Military versus Criminal Law Paradigms

Moderator: Professor Matt Lister

Professor Claire Finkelstein, "Targeted Killing as Preemptive Action"
Abstract (pdf) | Paper (pdf)
Major Richard Meyer, "An Argument for Formalizing the Commencement of Hostilities"
Abstract (pdf) | Outline (pdf)

Commentator: Professor Luis Chiesa

11:00 - 11:30 am Break

11:30 - 01:00 pm SESSION 6: Targeted Killing and Self-Defense

Moderator: Professor Virginia Held

Professor Russell Christopher, "Targeted Killing and the Imminence Requirement"
Abstract (pdf) | Paper (pdf)
Professor Phil Montague, "Defending Defensive Targeted Killings"
Abstract (pdf) | Paper (pdf)

Commentator: Professor Larry Alexander

01:00 - 02:30 pm Lunch

02:30 - 04:00 pm SESSION 7: The Boundaries of Consequentialist Calculation

Moderator: Professor Larry Alexander

Professor Peter Vallentyne, "Enforcement Rights against Non-Culpable Non-just Intrusion"
Abstract (pdf) | Paper (pdf)
Professor Leo Katz, "Targeted Killings and Cyclical Choices"
Abstract (pdf) | Paper (pdf)

Commentator: Doug Weck

04:00 - 04:30 pm Break

04:30 - 06:00 pm SESSION 8: The Normative Framework of Targeted Killing

Moderator: Professor Claire Finkelstein

Professor Jeremy Waldron, "Can Targeted Killing Work as a Neutral Principle?"
Abstract (pdf) | Paper (pdf)
Professor Jeff McMahan, "Targeted Killing in Morality and Law"
Abstract (pdf) | Paper (pdf)

Commentator: Professor Stephen Perry

06:00 pm Cocktails and Dinner at Chestnut Hill Cricket Club