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With the American government shut down over congressional budget battles, it seems like a particularly opportune time for scholars to talk about the challenges of governance and the rule of law.

But the political scientists and legal experts who gathered this week for a rule of law workshop organized by the Freeman Spogli Institute for International Studies and Stanford Law School probably didn’t see this crisis coming.

Photo Credit: Rod Searcey

“When we first began talking, Gerhard said the rule of law and governance are not peculiar only to developing counties,” Paul Brest, a professor and former dean of the law school, said as he recalled discussing such a workshop with Gerhard Casper, a constitutional law expert and FSI senior fellow. “I don’t think he predicted where the United States would be today.”

The half-day workshop brought together 20 scholars associated with FSI and the law school who discussed their individual research and explored possibilities for collaboration.

Their wide-ranging discussions covered the definitions and measurement of rule of law, governance in developed and developing countries, political participation, partisanship, and policy implementation.

“How do you implement what sounds like a thoughtful, abstract idea?” asked Mariano-Florentino Cuéllar, FSI’s director and law school professor, in discussing the complexity of the concept of rule of law. “There is something about the rule of law that has to go beyond whether a statute is complied with. A society also has to think smartly about how to manage discretion.”

But bending the rules without breaking the rule of law “is a difficult matter," said law school Professor Jenny Martinez – and one worthy of academic attention.

“Most well-functioning legal systems … involve a certain amount of discretion,” she said. “But that’s something we can explore.”

Discussion sessions were led by Martinez and Cuéllar, as well as Erik Jensen and Bernadette Meyler; Bruce Cain, Larry Diamond and Nathaniel Persily; Francis Fukuyama and Avner Greif.

“There’s a lot of work going on across campus focusing on governance and the rule of law,” Brest said. “Getting together to begin discussing that could create some sort of networks and a whole that is greater than the individual parts.”

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FSI Director Mariano-Florentino Cuéllar leads a discussion during a workshop focused on governance and the rule of law. | Rod Searcey
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Anupma Kulkarni is currently a Fellow of the Stanford Center for International Conflict and Negotiation (SCICN) and Co-director of the West Africa Transitional Justice (WATJ) Project, a cross-national study on the impact of truth commissions and international criminal tribunals from the perspective of victims of human rights violations in Ghana, Liberia, Nigeria and Sierra Leone.  Dr. Kulkarni received her PhD in Political Science from Stanford University and was Assistant Professor at Arizona State University from 2007-2009.  She has been a MacArthur International Peace and Cooperation Fellow at CISAC and a Visiting Scholar at the Center for Democracy, Development and Rule of Law.  Her research specializes in transitional justice, the ways in which post-war and post-authoritarian societies address matters of memory and accountability for human rights violations as part of the larger project of effecting democratic change and political and social reconciliation.  Her book manuscript, Demons and Demos: Truth, Accountability and Democracy in Post-Apartheid South Africa, is based on her award-winning fieldwork in South Africa.  She is also co-authoring, with David Backer, The Arc of Transitional Justice: Violent Conflict, Its Victims & Pursuing Redress in Ghana, Liberia, Nigeria and Sierra Leone, a book based on primary research conducted under the auspices of the WATJ Project, made possible through generous support from the National Science Foundation.

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Anupma Kulkarni Fellow Speaker Stanford Center for International Conflict and Negotiation (SCICN)
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Shiri Krebs is a Professor of Law at Deakin University and Director of the Centre for Law as Protection. She is also the Chair of the Lieber Society on the Law of Armed Conflict, an affiliate scholar at Stanford University Center for International Security and Cooperation (CISAC), and co-lead of the Australian Government Cyber Security Cooperative Research Centre (CSCRC) Law and Policy Theme. In 2024, she was appointed as a Visiting Legal Fellow at the Australian Government Department of Foreign Affairs and Trade (DFAT). Her research on drone warfare and predictive technologies in counterterrorism and armed conflict is currently funded by a 3-year Australian Research Council (ARC) DECRA fellowship and an Alexander von Humboldt Experienced Researcher Fellowship at the University of Hamburg.

Prof Krebs’ research projects on international fact-finding, biases in counterterrorism decision-making, and human-machine interaction in drone warfare, have influenced decision-making processes through invitations to brief high-level decision-makers, including at the United Nations (CTED, Office of the Secretary-General), the United States Department of Defense, and the Australian Defence Force.

Her recent research awards include the David Caron Prize (American Society of International Law, 2021), the ‘Researcher of the Year’ Award (Australian Women in Law Awards, 2022), the Australian Legal Research Awards (finalist, Article/Chapter (ECR), 2022), and the Vice-Chancellor’s Researcher Award for Career Excellence (Deakin, 2022).

Before joining Deakin University, Prof Krebs has taught in several law schools, including at Stanford University, University of Santa Clara, and the Hebrew University of Jerusalem, where she won the Dean’s award recognizing exceptional junior faculty members.

She earned her Doctorate and Master Degrees from Stanford Law School, as well as LL.B. and M.A., both magna cum laude, from the Hebrew University of Jerusalem.

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Shiri Krebs Predoctoral Fellow Commentator CISAC
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Abstract:

Why have militarized crackdowns on drug cartels had wildly divergent outcomes, sometimes exacerbating cartel-state conflict, as in Mexico and, for decades, in Brazil, but sometimes reducing violence, as with Rio de Janeiro's new 'Pacification' (UPP) strategy?  CDDRL-CISAC Post Doctoral Fellow Benjamin Lessing will distinguish key logics of violence, focusing on violent corruption--cartels' use of coercive force in the negotiation of bribes. Through this channel, crackdowns can lead to increased fighting unless the intensity of state repression is made conditional on cartels' use of violence--a key difference between Mexico and Brazil.

Speaker Bio:

Benjamin Lessing is a recent Ph.D. in Political Science from the University of California, Berkeley. He is a joint postdoctoral fellow at the Center on Democracy, Development and the Rule of Law (CDDRL) and the Center on International Security and Cooperation (CISAC), and will join the Political Science faculty at University of Chicago as assistant professor in 2013.

Lessing studies 'criminal conflict'—organized armed violence involving non-state actors who, unlike revolutionary insurgents, are not trying to topple the state. His doctoral dissertation examines armed conflict between drug trafficking organizations and the state in Colombia, Mexico and Brazil. Additionally, he has studied prison gangs’ pernicious effect on state authority, and the effect of paramilitary groups’ territorial control on electoral outcomes. 

Prior to his graduate work, he conducted field research on the licit and illicit small arms trade in Latin America and the Caribbean for international organizations like Amnesty International, Oxfam, and the Small Arms Survey, as well as Viva Rio, Brazil’s largest NGO, and was a Fulbright Student Grantee in Argentina and Uruguay.

 

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Benjamin Lessing Post-doctoral Fellow Speaker CDDRL and CISAC

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Stanford University,
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Graham H. Stuart Professor of International Relations
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Beatriz Magaloni Magaloni is the Graham Stuart Professor of International Relations at the Department of Political Science. Magaloni is also a Senior Fellow at the Freeman Spogli Institute, where she holds affiliations with the Center on Democracy, Development and the Rule of Law (CDDRL) and the Center for International Security and Cooperation (CISAC). She is also a Stanford’s King Center for Global Development faculty affiliate. Magaloni has taught at Stanford University for over two decades.

She leads the Poverty, Violence, and Governance Lab (Povgov). Founded by Magaloni in 2010, Povgov is one of Stanford University’s leading impact-driven knowledge production laboratories in the social sciences. Under her leadership, Povgov has innovated and advanced a host of cutting-edge research agendas to reduce violence and poverty and promote peace, security, and human rights.

Magaloni’s work has contributed to the study of authoritarian politics, poverty alleviation, indigenous governance, and, more recently, violence, crime, security institutions, and human rights. Her first book, Voting for Autocracy: Hegemonic Party Survival and its Demise in Mexico (Cambridge University Press, 2006) is widely recognized as a seminal study in the field of comparative politics. It received the 2007 Leon Epstein Award for the Best Book published in the previous two years in the area of political parties and organizations, as well as the Best Book Award from the American Political Science Association’s Comparative Democratization Section. Her second book The Politics of Poverty Relief: Strategies of Vote Buying and Social Policies in Mexico (with Alberto Diaz-Cayeros and Federico Estevez) (Cambridge University Press, 2016) explores how politics shapes poverty alleviation.

Magaloni’s work was published in leading journals, including the American Political Science Review, American Journal of Political Science, Criminology & Public Policy, World Development, Comparative Political Studies, Annual Review of Political Science, Cambridge Journal of Evidence-Based Policing, Latin American Research Review, and others.

Magaloni received wide international acclaim for identifying innovative solutions for salient societal problems through impact-driven research. In 2023, she was named winner of the world-renowned Stockholm Prize in Criminology, considered an equivalent of the Nobel Prize in the field of criminology. The award recognized her extensive research on crime, policing, and human rights in Mexico and Brazil. Magaloni’s research production in this area was also recognized by the American Political Science Association, which named her recipient of the 2021 Heinz I. Eulau Award for the best article published in the American Political Science Review, the leading journal in the discipline.

She received her Ph.D. in political science from Duke University and holds a law degree from the Instituto Tecnológico Autónomo de México.

Director, Poverty, Violence, and Governance Lab
Co-director, Democracy Action Lab
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Beatriz Magaloni Associate Professor of Political Science Commentator Stanford
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CISAC Co-director Siegfried Hecker has called on colleagues and friends to congratulate his co-director, Mariano-Florentino Cuéllar on being named to an endowed professorship at Stanford Law School. Cuéllar is now the Stanley Morrison Professor of Law, named for the late Stanford constitutional law professor. Hecker issued the following statement:

"A member of the Stanford faculty since 2001, Tino became my co-director at CISAC in September 2011. He is also a faculty affiliate of CDDRL and a senior fellow at FSI. The endowed professorship is a tribute to his extensive work in both the law and international security and cooperation. Tino has done much to take CISAC forward as a center that focuses not only on nuclear nonproliferation, arms control and counterterrorism, but one that also tackles cyber and biosecurity, as well as migration and transnational flows.

"His teaching and research focus on administrative law, executive power and how organizations implement critical regulatory, public safety, migration and international security responsibilities in a changing world.

"Tino has a new book coming out next month: “Governing Security: The Hidden Origins of American Security Agencies” (Stanford University Press). The book explores the history and impact of the Roosevelt-era Federal Security Agency (today the Department of Health and Human Services) and the Department of Homeland Security established after the 9/11 terrorist attacks.

"Tino has served in the Obama and Clinton administrations, most recently as Special Assistant to the President for Justice and Regulatory Policy in 2009-2010. In July 2010, President Obama appointed Tino to the Council of the Administrative Conference of the United States, an independent agency charged with recommending improvements to federal regulatory programs.

"The Stanley Morrison professorship was established in 1996 by Joan and Henry Wheeler to honor Morrison, who was a beloved professor at Stanford Law School for three decades, specializing in criminal, constitutional, tax and international 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.

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Mariano-Florentino Cuéllar Co-Director Speaker CISAC
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Shiri Krebs is a Professor of Law at Deakin University and Director of the Centre for Law as Protection. She is also the Chair of the Lieber Society on the Law of Armed Conflict, an affiliate scholar at Stanford University Center for International Security and Cooperation (CISAC), and co-lead of the Australian Government Cyber Security Cooperative Research Centre (CSCRC) Law and Policy Theme. In 2024, she was appointed as a Visiting Legal Fellow at the Australian Government Department of Foreign Affairs and Trade (DFAT). Her research on drone warfare and predictive technologies in counterterrorism and armed conflict is currently funded by a 3-year Australian Research Council (ARC) DECRA fellowship and an Alexander von Humboldt Experienced Researcher Fellowship at the University of Hamburg.

Prof Krebs’ research projects on international fact-finding, biases in counterterrorism decision-making, and human-machine interaction in drone warfare, have influenced decision-making processes through invitations to brief high-level decision-makers, including at the United Nations (CTED, Office of the Secretary-General), the United States Department of Defense, and the Australian Defence Force.

Her recent research awards include the David Caron Prize (American Society of International Law, 2021), the ‘Researcher of the Year’ Award (Australian Women in Law Awards, 2022), the Australian Legal Research Awards (finalist, Article/Chapter (ECR), 2022), and the Vice-Chancellor’s Researcher Award for Career Excellence (Deakin, 2022).

Before joining Deakin University, Prof Krebs has taught in several law schools, including at Stanford University, University of Santa Clara, and the Hebrew University of Jerusalem, where she won the Dean’s award recognizing exceptional junior faculty members.

She earned her Doctorate and Master Degrees from Stanford Law School, as well as LL.B. and M.A., both magna cum laude, from the Hebrew University of Jerusalem.

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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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Karl Eikenberry is the Payne Distinguished Lecturer at the Freeman Spogli Institute for International Studies. Within FSI he is an affiliated faculty member with the Center on Democracy, Development, and the Rule of Law (CDDRL) and the Center for International Security and Cooperation (CISAC), and an affiliated researcher with the Europe Center. Before coming to Stanford, he served as U.S. Ambassador to Afghanistan from May 2009 to July 2011, where he led the civilian side of the surge directed by President Obama to reverse Taliban momentum and help set the conditions for transition to full Afghan sovereignty.

Prior to his appointment as Chief of Mission in Kabul, Ambassador Eikenberry had a 35-year career with the U.S. Army, retiring with the rank of Lieutenant General in 2009.  His operational posts include service in the continental U.S., Hawaii, Korea, Italy, and Afghanistan, where he served as Commander of the American-led Coalition Forces from 2005-2007.

Ambassador Eikenberry also served in various political-military positions, including service as Deputy Chairman of the North Atlantic Treaty Organization (NATO) Military Committee in Brussels.

His military awards include the Defense Distinguished and Superior Service Medals, Legion of Merit, Bronze Star, Ranger Tab, Combat and Expert Infantryman badges, and master parachutist wings. He has received numerous civilian awards as well.

Amb. Eikenberry is a graduate of the U.S. Military Academy, holds master's degrees from Harvard University in East Asian Studies and Stanford University in Political Science, and was a National Security Fellow at the Kennedy School of Government at Harvard.

He is a trustee of the International Institute for Strategic Studies and a member of the Council on Foreign Relations and the Council of American Ambassadors. He recently received the George F. Kennan Award for Distinguished Public Service from the National Committee on American Foreign Policy. He has published numerous articles on U.S. military training, tactics, and strategy and on Chinese military history and Asia-Pacific security issues.

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Karl Eikenberry Payne Distinguished Lecturer; Retired United States Army Lieutenant General; Former United States Ambassador to Afghanistan Speaker
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