Presentation of the Henry T. King, Jr. award and remarks.

Position:Conference: US and Canadian Energy Relationship


Daniel Ujczo

PROFESSOR UJCZO: Good evening. I am Dan Ujczo, the Managing Director of the Canada-United States Law Institute. (1) We are going to get started with this evening's program. We know that it has been a long day for certain folks. Our Executive Committee and Advisory Board got started bright and early at 7:30 AM this morning.

Welcome to Ambassador Jacobson, (2) Admiral Parks, (3) Consul General Norton, (4) and tonight's honoree, The Honorable Bill Graham. (5) Governor Blanchard, (6) Minister Peterson, (7) Judge Baxter, (8) and I have it on very good authority that the real bosses in the room are Cathy Graham, Janet Blanchard, and Heather Peterson. I welcome you to the Canada-United States Law Institute. Ladies, I hope you had the opportunity to enjoy Northeastern Ohio this afternoon.

Distinguished friends of the Canada-United States Law Institute, both longstanding and new, I welcome you, once again, to the 2011 Henry T. King, Jr. Annual Conference on Canada-United States relations and to the presentation ceremony of the Henry T. King Award.

We have had a long day and substantively many of you have talked about what has been gained in our relationship, and just once again, I offer our thanks to our speakers and panelists today. It has been an exciting day. There is more to come, both this evening and tomorrow. Thank you, many thanks, to our sponsor for tonight's reception, Miller Canfield, (9) and Paul Durbin (10) from Miller Canfield is with us tonight. Thank you, Paul, and thanks to Miller Canfield.

I likewise extend our thanks to our Conference Co-Chairs who have brought their extraordinary experience and expertise, and as Governor Blanchard stated earlier today, the other "e"-eloquence--to this program. It has been a year in the making, but many thanks to our Conference Co-Chairs, Chris Sands (11) and David Crane, (12) who are spread throughout the room. Thank you, gentlemen.

Now I talked earlier today, as we did our signing ceremony with our two deans, Ian Holloway (13) at The University of Western Ontario Faculty of Law and Bob Rawson (14) at Case Western Reserve University School of Law, about how we have the best of both worlds in our institute by having a home here in Cleveland and a home in London, Ontario--"The London" as we like to say.

But we do, and when I have been out talking with many of you at your respective institutions, I say that we have the best of all worlds, in that not only do we have our home at two highly regarded academic institutions, but we also have the benefit of a public and private sector Advisory Board that has us figuratively and literally on the front lines of the Canada-United States relationship.

I do pause for just a moment to acknowledge and, more importantly, thank our Executive Committee Members chaired by Governor James J. Blanchard (15) and Minister James S. Peterson, (16) but also if I can ask you to stand up and so then be recognized. From Canada: Selma Lussenburg of the Ontario Capital Growth Association; (17) Jim McIlroy of McIlroy and McIlroy; (18) Michael Robinson, who you have met on many occasions throughout today, of Fasken Martineau; (19) and Larry Herman of Cassels Brock. (20) Larry Herman could not join us. He has been sending us messages from overseas throughout the day today and he has been getting constant updates. On the United States side: Don Cameron of Troutman Sanders; (21) Dick Cunningham of Steptoe & Johnson; (22) Rick Newcomb of DLA Piper; (23) and our newest member of the Executive Committee, Davis Robinson, the former legal adviser at the State Department. (24) Davis, thank you.

Of course, this does not happen without the support of our Advisory Board and, when I say advisory, there is rarely a day that goes by that we are not on the phone or exchanging e-mails with a member of our Advisory Board. In the interest of time I will not ask everyone to stand up, but if I can just acknowledge a few folks. I mentioned the Honorable Randolph Baxter from the United States Bankruptcy Court, (25) who is joining us as a member of our Honorary Advisory Board. It is great to see the Judge here. It is sign of our economic recovery that the dockets are getting smaller. Thank you that you have the time to be here, Judge.

Steven Petras of Baker and Hostetler, (26) who is also the President of the Cleveland Council of World Affairs. (27) Mr. Ambassador, I do not want to speak for the Council, but I am sure if you want to come to Cleveland in the fall, and we do have beautiful foliage, they would love to have you here as well.

I would also like to acknowledge James Graham of Cliffs Natural Resources, (28) who is joining us and Dick Petry of Eaton Corporation. (29) We have with us Cathy Vernon of Formica. (30) We also have with us Jessica LeCroy of Bennett Jones' Toronto office. (31) We have with us our friend from DLA Piper, William Minor. (32) We are welcoming to the Canada-United States Law Institute this year not only Miller Canfield and Paul Durbin but also Dickinson Wright. Thank you, Jamie Spence (33) and Mark High, (34) for being here with us today as well.

If there is anybody that I forgot, that is always dangerous. Steven DeBoer of Environmental Canada, (35) who is fresh from Bangkok, coming in on our climate change file and also Cyndee Todgham Cherniak, (36) who I should note is very important to us in terms of chairing our Niagara International Moot Court along with Ian Laird of Cowell & Mooring (37) out of Washington, D.C., and welcome, Ian.

With our Institute I should note as well that we rely on the support of our corporate sponsors. Many of the firms and corporations you have just heard but also entities like Lubrizol (38) and William Manson (39) who are with us today; Parker Hannifin (40) right here in town, and Tom Piraino (41) and Chris Hunter; (42) as well as Eaton Corporation (43) with Sharon O'Flaherty, (44) Tim Boyle, (45) and a number of others that are with us. We thank Torys and John Terry, (46) as well as Research in Motion's (47) Praveen Goyal. (48) It is just wonderful to have the types of support that we do from these firms and organizations. They provide the support both in terms of finance but also that experience and expertise that we require to move forward, and we look forward to having new relationships with our partners, many of who you have seen today: Gordon Pennoyer at Enbridge, (49) Tim Kennedy (50) at Spectra Energy, (51) and a number of others. We thank all of you for contributing to our program.

Now, coming full circle, our Canada-United States Law Institute has its home here at Case Western Reserve University School of Law (52) and The University of Western Ontario Faculty of Law. (53) We pride ourselves on that we do not just do things within the ivy-covered walls. Even in something as seemingly academic as a course such as our Canada-United States Legal Relations Seminar, we canvas our Advisory Board members and say, "We have about thirty law students who are looking for paper topics to write with you and they can work with you." They in turn work and develop partnerships with law firms or corporate counsel, et cetera, in doing those things.

Again, what we do is relevant. There is perhaps no greater example of that than our Canada-United States Law Journal. Hot off the press is the Journal containing last year's proceedings that was distributed to all of you. I just have to note that law reviews for the practitioner usually make great doorstops, to be honest with you, but I can say again today this is the leading-in terms of citations and readability--law journal on the Canada-United States relationship. There is a call for papers that will be issued by our Journal asking for other works, dealing with the energy relationship, and that will be published. Our next issue is just coming right on the heels of this issue, dealing with the American Bar Association and Canadian Bar Association mechanics while in a joint working group on the settlement of international disputes. (54) The work not only has a historical record but some updates. We have with us tonight a number of our students from Case Western Reserve University, as well as The University of Western Ontario, who are the people that make this happen. We are sad to see some of them go as they graduate and go on to bigger and better things. In particular Christian Sorensen, our Editor-in-Chief, is moving on and our Managing Editor this year, Sarah Antonucci. (55) We are fortunate to have her for another year, not because we are holding her back at Case, but because she is going over to the business school to complete a joint degree, so she can learn more about pew charts and those things we heard about earlier today.

We welcome our incoming staff. Our new Editor-in-Chief is Elizabeth Minton; John Sawyer will be our Managing Editor; Matthew Hemme will be our Publication Editor; Keith White will be our Production Editor; and also with us tonight is Benjamin Skomsky, who will be our Articles Editor. (56)

I want to close just with where we started again. It does not happen here at Case Western Reserve University without the support that we receive from our faculty and our friends here. As I said earlier today, there is a secret handshake among our tenured and tenured-track faculty, as many of you know, but we are fortunate here to have the support of our two deans as you saw earlier and from our national directors who you will meet in just a moment, but I emphasize again that we are on the front lines of this relationship.

Right now we are launching or continuing our regulatory cooperation initiative and partnership with Chris Sands at the Hudson Institute. (57) We have about six research fellows working on regulatory cooperation, not the most sensational or sexy issue admittedly, but it is perhaps the most important confronting our Canada-United States relationship and on security issues.

We are quite fortunate under Admiral...

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