New Presentations and Essays by Vivian Curran
On November 11, 2009, Professor Vivian Curran gave a presentation, “L’affaire Yahoo!, l”Internet, et le dialogue des juges nationaux,” to a small group of French and American judges organized by Justice Stephen Breyer and Professor Mireille Delmas-Marty. The presentation focused on the French case in which Yahoo! was convicted of violations of the French Criminal Code and disturbance to “l’ordre public” before Yahoo! decided to forgo appealing in France and, instead, brought a declaratory action suit in a California district court. Of particular interest was to bring the French antecedents of the case to the attention of Judge William Fletcher, who was in the group, and is the author of the final Ninth Circuit opinion in the case, as well as to get feedback on Professor Curran’s views from the members of the French Constitutional Council and Council of State who were present. To Professor Curran, the French decision had significant European significance, and can be viewed as a success story from an optic not generally considered in the United States. A lively debate ensued, which, when transcribed, should be posted on the website of the Collège de France.
Two essays by Professor Curran have been published in the book, “Regards croisés sur l’internationalisation du droit: France-Etats-Unis,” (ed.s Mireille Delmas-Marty & Stephen Breyer, 2009). These are “Regard d’une comparatiste” (pp. 119-126); and “”Les mécanismes de compétence universelle au service de la protection de l’environnement” (pp. 223-230).