Thursday, June 14, 2018
In A Human Rights Code of Conduct: Ambitious Moral Aspiration For a Public Interest Law Office of Law Clinic, Prof. Lauren Bartlett addresses the development of lawyer ethics with a focus on the development of a human rights ethical code. The development of human rights ethics codes for our clinics is an important concept and one that opens all sorts of opportunities to engage students in developing the code, but also the professional tenor and goals, of the clinic.
The Introduction to this intriguing topic reads:
Incivility and unethical behavior in the legal profession have long been topics of concern in the United States. In recent years, many state and local bar associations, as well as the American Bar Association (“ABA”), have taken steps to address incivility, including adopting professional rules, amending lawyers’ oaths of office, and more. Yet current events continue to test limits of tolerance for incivility and unethical behavior. What is more, too many lawyers are unhappy and unhealthy in the legal profession, which has been tied to ethics and integrity. In these difficult times for the legal profession, moral aspiration, or the hope or ambition for high ethical integrity, is incredibly important.
Lawyers seek moral aspiration from a variety of sources, including other lawyers, religion, and cultural norms. They also seek the rules, standards, and guidance applicable to lawyers in the United States This Article offers an alternative source for moral aspiration for lawyering—human rights—and suggests establishing a human rights dignified, respectful, and safe space, and to hold colleagues, students, and others, to high ethical standards. The idea of a human rights code of conduct for a law office or law clinic builds on recent scholarship applying human rights principles to lawyering. In addition, this idea follows the recent proliferation of corporations choosing to adopt social justice and human rights related codes of conduct.
A human rights code of conduct provides practical, consistent, and significant ways to apply human rights principles to lawyering. Modeled loosely after professionalism codes or civility codes across the United States, a human rights code of conduct draws on human rights principles and provides ambitious moral aspiration for attorneys and law students. A human rights code of conduct provides practical guidance for navigating difficult ethical dilemmas, without necessitating additional regulation. A human rights code of conduct also promotes attorney and law student happiness and helps the reputation of the legal profession as a whole.
The full article may be accessed here.
Wednesday, June 13, 2018
The Interconnections between Health and Housing
For its next issue the Journal of Affordable Housing & Community Development Law (the Journal) invites articles and essays exploring the interconnections between health and the Journal’s traditional themes: affordable housing, fair housing and community/economic development. Topics could include creative housing developments; federal, state, local and/or private funding sources; statutes, policies or regulations; and empirical studies. Articles and essays could analyze new developments, tell success stories, or explore problems relating to issue such as affordable independent/assisted living, aging in place, or in-home care, and propose legal and policy recommendations.The Journal we
lcomes essays (typically 2,500–6,200 words) or articles (typically 7,000-10,000 words) on the theme.
The Journal is the nation’s only law journal dedicated to affordable housing and community development law. The Journal educates readers and provides a forum for discussion and resolution of problems in these fields by publishing articles from distinguished law professors, policy advocates and practitioners.
Interested authors are encouraged to send an abstract describing their proposals to the Journal’s Editor-in-Chief, Tim Iglesias, at firstname.lastname@example.org. The Journal accepts submissions on a rolling basis. Please do not hesitate to contact the Editor with any questions.
Sunday, May 6, 2018
Having just completed my first Inside Out program with our local women's jail, I witnessed first hand the transformation that occurs when those who have been deprived of adequate education begin their journey to learning. A 2013 RAND Corporation study affirmed what most suspected. Education is key to reducing recidivism. "Our meta-analytic findings provide additional support for the premise that receiving correctional education while incarcerated reduces an individual’s risk of recidivating after release." The promotion of Inside-Out programs was one topic discussed recently by Pulitzer Prize winning Prof. James Forman at the AALS Clinical Section Conference. Forman is the author of Locking Up Our Own, which looks at the roots of mass incarceration. Forman advocated for more college education classes in prisons and jails.
Receipt of books by those who are incarcerated is essential for continuation of "inside" self-education. But educational programs are not a priority, particularly for privatized prisons. Everything from phone calls to Skype visits with children are available only to prisoners who pay. Shortsighted is the most generous description I can attach to a recently announced policy that prisoners would no longer be able to receive books directly from distributors, except for one approved by the prison. And those books would come with a 30% mark up.
Family and friends of incarcerated men and women responded, as well as those inside, as well. Coleman federal prison in Sumterville, FL was one that announced the new policy and that facility was the topic of advocacy efforts through national listserves and individual inquiry. Then the policy was rescinded.
To the extent that the policy was a "test", the national grassroots response was sufficient to at least postpone its implementation.
Thursday, May 3, 2018
Human Rights Advocacy in the United States, by Martha Davis, Johanna Kalb and Risa Kaufman is entering its second edition.
This text is an essential tool for introducing students to human rights concepts and their application within the US. In focusing on advocacy in the US, the authors provide a unique perspective along with assessments of successful human rights advocacy and those strategies less successful within our borders. The publisher's description reads:
This pedagogically innovative book is the only law school casebook focused on human rights advocacy in the United States. It illuminates a range of both hot topics and persistent theoretical and doctrinal issues while equipping students to thoughtfully engage these tools in their own practice of law. Readings and case studies expose students to the history, tools, and critiques of the U.S. human rights movement and the legal and practical challenges of human rights implementation in the United States. Skills exercises introduce practice-oriented approaches to engaging human rights-based strategies, including practice before international treaty bodies as well as domestic policymakers. Additionally, the appendices offer the text of relevant human rights treaties.
Law professors may obtain a copy here.
Thursday, April 19, 2018
For the most part, Sikkink does not sugarcoat the challenges facing the human rights movement. Trump’s nativist agenda, hateful rhetoric, and professed enthusiasm for torture techniques “a hell of a lot worse than waterboarding” have rightly alarmed U.S. human rights advocates, provoking fears of backsliding at home and emboldening bad actors around the world. Last December, the UN’s top human rights official, Zeid Ra’ad al-Hussein, who had expressed concerns about the Trump administration and other potential sources of harm to the human rights regime, announced his unusual decision to not seek a second term, saying it “might involve bending a knee in supplication.”
But Sikkink remains optimistic. She argues that the fight for human rights has taken on a new dimension as developing countries have joined the fray in ways that do not depend on Washington. “Human rights work in the coming years of the twenty-first century may look very much like the Cold War period,” she writes, when “the major powers were mainly in opposition to the international protection of human rights and where momentum and progress depended on the actions of smaller countries, with support from emerging NGOs and civil society.” But she also notes an important distinction between the two time periods: today, “these small countries and activists have far more institutional resources at their disposal—the human rights law, institutions, and movements that earlier activists created in the mid- to late twentieth century.”
Everyone should hope that Sikkink is right. Human rights organizations based in the developing world have evolved significantly over the past few decades, and Sikkink cites a study showing that they are increasingly trusted by citizens and are not perceived as the “handmaidens” of powerful donor countries. Such groups could become highly effective in mobilizing support for human rights in an era of populist nationalism and rising authoritarianism. But they and their counterparts in the developed world will need to craft customized solutions that do not rely solely on established practices. The kind of “boomerang” that has worked in the past may not always be the right tool—especially if powerful figures in Washington are not interested in listening to world opinion.
Editors' Note: This essay was published in Foreign Affairs.
Tuesday, April 17, 2018
Editors' note: Prof. Carrie Bettinger-Lopez writes this essay discussing optimism in the a difficult human rights era. Below is part one of a three part series.
Does fighting for human rights actually make a difference? Scholars, policymakers, lawyers, and activists have asked that question ever since the contemporary human rights movement emerged after World War II. At any given moment, headlines supply plenty of reasons for skepticism. Today, the news is full of reports of Rohingya refugees fleeing a campaign of murder, rape, and dispossession in Myanmar; drug users dealing with brutal, state-sponsored vigilantism in the Philippines; and immigrants and minorities facing the wrath of extreme right-wing and populist movements in European countries and the United States. It is easy to succumb to a sense of despair about the laws and institutions designed to protect human rights.
In 1968, the legal scholar Louis Henkin wrote that “almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time.” Subsequent empirical studies, primarily in the fields of international trade and international environmental law, have confirmed Henkin’s qualified optimism. But in the field of international human rights, empirical studies have sometimes led to more pessimistic conclusions. In a 2002 article in The Yale Law Journal, for instance, the legal scholar Oona Hathaway concluded that “although the practices of countries that have ratified human rights treaties are generally better than those of countries that have not, noncompliance with treaty obligations appears common.”
Hathaway and others who have analyzed international human rights regimes have generally focused on the efficacy of specific laws, institutions, or methodologies: for example, the number of human rights treaties that a given country has ratified, the existence of domestic legislation that reflects international norms, or the presence of national human rights institutions. But few have stepped back and considered the overall impact of the broader international human rights movement. In her new book, Evidence for Hope, the political scientist Kathryn Sikkink fills that gap—and the news, she reports, is better than one might fear. Drawing on decades of research into transnational civil society networks and international institutions, Sikkink counters skeptics from the left and the right who have argued that the persistence of grave human rights violations throughout the world is evidence that the international movement has failed and should be abandoned altogether. On the contrary, she concludes, the struggle for human rights has indeed made a difference: “Overall there is less violence and fewer human rights violations in the world than there were in the past.”
Sikkink contends that skeptics have relied on the wrong metrics to measure progress and have failed to see shifts in the human rights movement that have made it more durable. She is even relatively bullish about the prospects for continued progress in the Trump era. In this way, she distinguishes herself from the many activists and scholars who fear that the populist nationalism that helped put Donald Trump in the White House could reverse hard-fought human rights gains of the past few decades, both in the United States and abroad.
The essay continues tomorrow.
This essay first appeared in Foreign Affairs
Tuesday, March 20, 2018
For its next issue the Journal of Affordable Housing & Community Development Law (the Journal) invites articles and essays exploring the interconnections between health and the Journal’s traditional themes: affordable housing, fair housing and community/economic development. Topics could include creative housing developments; federal, state, local and/or private funding sources; statutes, policies or regulations; and empirical studies. Articles and essays could analyze new developments, tell success stories, or explore problems relating to issue such as affordable independent/assisted living, aging in place, or in-home care, and propose legal and policy recommendations. The Journal welcomes essays (typically 2,500–6,200 words) or articles (typically 7,000-10,000 words) on the theme.
The Journal is the nation’s only law journal dedicated to affordable housing and community development law. The Journal educates readers and provides a forum for discussion and resolution of problems in these fields by publishing articles from distinguished law professors, policy advocates and practitioners.
Interested authors are encouraged to send an abstract describing their proposals to the Journal’s Editor-in-Chief, Tim Iglesias, at email@example.com by April 15, 2018. Submissions of final articles and essays are due by May 1, 2018. The Journal also accepts submissions on a rolling basis. Please do not hesitate to contact the Editor with any questions.
Tuesday, March 13, 2018
Joyce Radice of the University of Tennessee School of law has exposed as untrue the myth that juvenile records do not interfere with with life opportunities as juveniles become adults. Prof. Radice argues that juvenile records are much more easily accessible than most realize. The full article, published with Georgetown Law Journal, Vol. 106 No. 2 (2018) may be found here. The abstract reads:
The proliferation of adult criminal records and their harmful impact on people with convictions has received growing attention from scholars, the media, and legislators from both sides of the political aisle. Much less attention has been given to the far-reaching impact of juvenile delinquency records, partly because many people believe that juvenile records are not public, especially after a juvenile turns eighteen. That common notion is a myth.
This Article addresses that myth and adds to both the juvenile justice ad collateral consequences literature in four ways. First, The Juevenile Record Myth illuminates the variety of ways states treat juvenile records - revealing that state confidentiality, sealing, and expungement provisions often provide far less protection that than those terms suggest. Although juvenile delinquency records are not as publicly accessible as adult records, their impact is felt well beyod a juvenile's eighteenth birthday. No state completely seals juvenile delinquency records from public view or expunges them. Some states even publish juvenile records online, and almost all permit some degree of public access.
Second, this Article provides the first comprehensive analysis of the crucial role of nondisclosure provisions in eliminating the stigma of a juvenile record. Now that colleges, employers, state licensing agencies, and even landlords are increasingly asking about juvenile delinqency charges and adjudications, the confidentiality, sealng and expungement protections that do exist, will be significantly undermined unless states allow juveniles with records not to disclose them. Third, using recent literature on juvenile brain development and the recidivism research of criminologists, The Juvenile Record myth presents new arguments for why juvenile delinquency records should not follow a juvenile into adulthood - and why the state's obligation to help rehabilitate juveniles (an obligation typically recognized in a state's juvenile code) should extend to restricting access to juvenile records. Finally, Prof. Radice argues for a comprehensive and uniform approach to removing the stigma of a juvenile record through a combination of robust confidentiality, expungement, sealing, and non-disclosure statutes to facilitate a juvenile's reintegration.
Sunday, October 22, 2017
Tulane (New Orleans) will host a March 16-17, 2018 international conference on "Regimes of Redress and Reparations, Transitional Justice, and the Rule of Law." The conference organizers are seeking scholarly contributions for this multidisciplinary event. The conference announcement reads:
The organizers invite scholars and activists working on issues related to racial reconciliation, transitional justice, historical memory, regimes of redress, and the rule of law to participate in a two-day conference focused on these themes. The conference will be both transnational and interdisciplinary in scope. Interdisciplinary synergies will be created through the inclusion of experts from regions that have experienced racial and ethnic oppression and are in the process of achieving (or have successfully achieved) reconciliation through the establishment of the rule of law, norms of redress, and cultures of remembrance.
The two-day conference will consist of four to six panels based on submitted proposals, as well as at least one keynote address and one plenary session composed by the organizers. We encourage those who are interested in presenting a paper or organizers. Submissions should be made to firstname.lastname@example.org and have the words "Redress Conference" in the subject line. Abstracts for panels and papers are due by January 19, 2018.
Monday, August 7, 2017
Two opinion pieces were published this week that underscore the foundation of racism upon which the Trump Administration policies are built. Both pieces follow the "leak" this week of a memo outlining the Department of Justice's plans to pursue dismantling of affirmative actions programs. Both pieces point out the absurdity of portraying US whites as victims. Prof. Carol Anderson , is the author of White Rage, the Unspoken Truth of Our Racial Divide. She reminds us in her NYT opinion, white men benefit from flexible undergraduate admissions programs. If objective scores and grades were the predominant selection method, white males would be a distinct minority on campus. Flexible admissions policies that consider gender as a bona fide admissions factor, benefit white males as much as anyone else. But it is race of which whites most complain.
In his New Yorker piece, Jelani Cobb focuses on the heart of racist thinking. Whites view their economic status comparatively. One African American succeeding financially is an affront to less affluent whites. The underlying assumption that whites deserve to be successful in every way before any person of color "succeeds", (however that is defined), is the source of white resentment. Whiteness as the ideal standard is what Trump and many followers look to preserve.
Mr. Trump may not be a seasoned politician. He may be unable to deliver on his major campaign promises. But he knows how to stoke his base. Through feeding anger and irrationality, Mr. Trump has begun his re-election campaign.
Sunday, June 25, 2017
The Law and Society Association conference, held this year in Mexico City, was the usual whirlwind of panels, roundtables and plenaries. This year's theme was Walls, Borders and Bridges. Nothing could better illustrate the Walls portion than the fortress-like US Embassy directly across the street from the conference hotel. The Embassy appeared completely impenetrable. At the same time, it boasted a large rainbow Pride flag hanging out of some upper floor windows. Perhaps there is life somewhere within the embassy after all, trying to make a connection with those outside.
The conference plenary sessions focused on populism and constitutionalism, with insightful talks on the US election, Brexit, and the Colombia peace referendum rejected by voters. Human rights -- particularly issues of economic, social and cultural rights -- was a frequent theme of the individual sessions, which also reflected the confounding theme of US human rights exceptionalism. Business and human rights also played a prominent role. In a session on comparative water rights, one speaker noted the relevance of human rights to water litigation in India and South Africa. Another panelist, providing an extensive analysis of the Flint, Michigan water crisis, focused on the growing popular movement in the US for water rights. As she noted "water is power" and power will not shift in the US without pressure from people. Other panels of relevance to the US addressed the continuing impacts of Washington v. Davis on civil rights and death penalty advocacy in the US; the experiences of undocumented immigrants within US borders; the jurisprudence of the InterAmerican system; and low wage workers' rights. You can search the program and download papers here.
There is so much to absorb at an inter-disciplinary, international conference like this. As the title of the conference suggests, the Law and Society Association is very much about building scholarly bridges to support the innovation that can come from such interchange. But with an embassy closed-off to the outside, and government institutions that often refuse to engage with human rights norms, the task of building bridges between the US and others beyond the academy is harder than ever.
Wednesday, June 21, 2017
Women’s Human Rights and Migration, has just been published as part of University of Pennsylvania's Human Rights book series. In the book, Prof. Sital Kalantry describes how the U.S. Congress and state legislatures across the country have used stereotypes Indian-Americans and Chinese-Americans to restrict women’s rights to choose. The legislators misuse information about people living in other countries to argue that certain minority groups are aborting female fetuses. Using new national census data and survey data, the book presents evidence that some Asian Americans desire to have balanced families with both girls and boys. Practices like sex-selective abortion and veiling that occur in the country of origin of a migrant but also emerge or are attributed to migrants in their country of destination call into question traditional universal approaches human rights. Kalantry argues for a transnational approach to domestic regulation on migrant women’s practices. Read more about the book here. You can look inside the book and purchase at Amazon.
Wednesday, May 3, 2017
Poetry can convey indignities and dignities in ways that resonate more quickly and poignantly than prose. Poetry by the young can be particularly powerful and evocative.
And much Human Rights poetry focuses on Human Rights at Home.
Youth for Human Rights promotes poetry by young authors through a contest for those under 18. This contest has a December deadline.
Power Poetry has a contest for those who are 25 years or younger, America the Great?!, Poetry Slam. The current theme is 'my country'. Contestants may post directly to the website with a deadline of May 10. One entry titled "The Crayon Box" by Lancer Dave begins:
We were born as numbers, and disguised with names.
Statistics to the system, is God the one to blame. Born where
freedoms are equal, and where equals aren't the same.
Poetry Soup has a collection of Human Rights Poems some famous, some not. One by the late Edward Dorn, Heart of Copper, is particularly relevant from the Human Rights at Home perspective:
The Candidate, answering a question
about El Salvador, generalized
by saying he thought
we should support human rights
everywhere they were being abrogated--
South Korea, South Africa
or South Yemen.
He didn't have
the moral perspicuity
to mention South Dakota.
Perhaps it's too far north.
Thursday, April 20, 2017
Following up on an earlier post this week, the American Bar Association's Commission on Domestic and Sexual Violence is sponsoring a writing competition with submissions due on May 19th.
"Law students are invited to submit articles addressing domestic and sexual violence and the law from a national or international perspective. Submissions must further the legal needs of victims of domestic and sexual violence or their children, or advance efforts to address the incidence, causes and effects of intimate partner violence. View our past winners & view the guidelines.
Submissions are now being accepted for the 2017 year. Submissions are due by Friday, May 19, 2017 @ 5:00p.m. EST.
Submit your paper and any inquiries to email@example.com
Tuesday, April 4, 2017
by Jeremiah Ho
While admittedly I’m not usually a huge follower of David Brooks’ conservativism at The New York Times, I do agree with his comments about the decline of our social capitalism here in the U.S. as we have become more isolated across ethnic, diverse, and class lines. Specifically, he observes that the source of such isolation is philosophical: “We chose the wrong philosophers,” he said to interviewer Robert Costa. As he elaborated further, Brooks remarked that we chose John Stuart Mill when we should have chosen Martin Buber, we chose Jeremy Bentham over Viktor Frankl, and likewise we chose Descartes over Saint Augustine.
For Brooks, Mill impressed upon us a very individualistic worldview, when Buber offered a more communitarian perspective. Frankl’s idea that people were motivated by a search for meaningful, moral lives have been ignored in the light of Bentham’s pleasure versus pain principles. Consequently, Brooks thinks that our society has become “too economic, too social sciency, and too utilitarian, and not enough moralistic.” Descartes reached for the cognitive and rational when Saint Augustine focused on the emotional. All in all, Brooks said, “And so basically we've turned into shells of ourselves and that's cut down on intimacy, and it's had these devastating social effects. But it's ideas that drive behavior, and I think we have some of the wrong ideas.”
One of these ideas, in my opinion, is about civility in public discourse. Instead of focusing on civility, many of us collectively—left and right—have been sidetracked toward the debate over political correctness as the way to confront or prevent marginalization of diverse viewpoints and visibility of particular issues. Particularly as I see that the civility versus political correctness issue affects the development of human dignity and rights issues, I am starting the first of three posts on civility and authenticity here on this blog.
Besides David Brooks’ interview on Charlie Rose, the other inspiration for this first of three blog posts on civility was Keith Bybee’s book, How Civility Works, which I picked up at the exhibition hall at AALS this past January. Bybee is the Paul E. and the Hon. Joanne F. Alper ’72 Judiciary Studies Professor of Law and Professor of Political Science at Syracuse University. The size of the book (80+ pages) makes it more a pamphlet. Yet, how many times in history have we seen pamphlets wield influence over the distribution of ideas? Through almost a cultural studies lens, Bybee’s book here examines the purported “crisis” (his quotes, not mine) of civility in American discourse by observing what civility means and the history of civility as it relates to public debates in American society.
What ends up very clear in How Civility Works is that civility, as a form of manners and a code of public behavior, can and has possessed a plurality of historical meanings as it has co-existed alongside our rambunctious American contrarianism (Chapter 2). But what Bybee examines further is the tension that civility has on individual liberty—exactly the individuality explored by John Stuart Mill—and its potential threat to inhibit First Amendment free speech. Although civility can inhibit free speech, Bybee argues that civility can also underwrite free speech by facilitating a means of communication that reflects good character and personal decency (Chapter 3). Such a means of communication through civility must embody authenticity, however, or risk a hypocritical exploitation of civility that leads to immoral behavior masked under false politeness; in other words, one’s civility must be real and that “realness” or authenticity is a moral virtue (Chapter 4). Finally, in order to fulfill civil discourse that is authentic but not overwhelming, Bybee suggests that discourse must utilize a balanced version of civility that not only sustains exchange of free ideas and promotes inclusivity but also is cautious of its chilling effects on free speech and reproduction of hierarchies (Chapter 5). Its paradoxes are also its virtues.
In sum, Bybee’s work here is prescient for recognizing how significant and importance functional dialogue is to a liberal society—and I mean “liberal” with a post-Enlightenment capital “L” and not necessarily “liberal” in its American political meaning. In the age of extremist ideas about populism and nationalism (ideas that can lead to marginalization, discrimination, and even violence), civility is sidestepped and reinterpreted as political correctness or seen as an inauthentic means of self-victimization that ought not to be given any credence. What does this have to do with human rights? Just watch and listen to the rhetoric in the Keystone pipeline debate, the tone of misogyny in women’s rights issues, or the political debates regarding transgender individuals and restroom use. The lack of civility is a first step in marginalization and denying the inherent humanity of different people and their views. It is also an assertion of power over another. Reading Bybee’s book is a must in this age of conflict and separatism.
My next post in this series will further address the topic of political correctness as a strawman for getting rid of civility in public discourse.
How Civility Works. By Keith J. ByBee. Stanford University Press. 2016. Pp. 80. $12.99.
Sunday, April 2, 2017
The Columbia Human Rights Law Review is currently seeking submissions for HRLR Online, its new online component.
Monday, March 6, 2017
Prior to January 20th, the Obama administration wisely distributed information to an assortment of government officials related to Russian interference in the 2016 election. Various government players were holders of pieces of information relative to Russian hacking and other election interference. Concerned that intelligence might disappear upon Trump's assumption of office, the administration ensured that a sufficient number of individuals, including key congressional players, had sufficient information to continue the investigation even in the face of denial and opposition.
Russian interference with the election is no longer theoretical. The highest legal officer in the country lied to congress about his relationship and contact with the Russian Ambassador. Attorney General Sessions lost whatever credibility he had when he assumed office. The Attorney General lied under oath and has no claim to remain in office.
Trumps denied any knowledge of Session's meeting with the Russian Ambassador, although his closest advisor, son-in-law Jared Kushner was present at the meeting.
The President knows that should an investigation result, Russian interference with the election will not be the main story. The President's complicity with the interference will be.
Having learned from the "birther" controversy that many voters will believe whatever he says, Trump has resorted once again to the outrageous as a tool to divert attention from Russian election interference and Trump's role in that interference.
Thus the latest: President Obama wire tapped Trump Tower. Nancy Pelosi dubbed the President Deflector-in-Chief.
Monday, February 20, 2017
Hot off the presses is an interesting new book by Dr. Jan Arno Hessebruegge, Human Rights and Personal Self-Defense in International Law (Oxford 2017). If you're in the Philadelphia area, note that Dr. Hessebruegge will be speaking about his new publication at Temple Law School at 12 noon on Tuesday, Feb. 21. More information is available here.
According to the publisher's website:
"While an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Drawing on his extensive experience as a human rights practitioner and scholar, Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities."
- the Michael Brown case as one instance where compliance with human rights standards on the use of self-defense is doubtful (because the officer in question shot to kill, instead of trying to incapacitate);
- "stand your ground" laws in Florida and other jurisdictions;
- so-called "Make my day" or castle doctrine laws in Colorado, Texas and other jurisdictions that presume the legality of lethal self-defense in cases of unlawful entry into homes or even business premises or motor vehicles;
- questions concerning the burden of proof. In particular, Ohio still places the full burden of proof for self-defense on the defendant, which is irreconcilable with the presumption of innocence; and
- human rights and the pro-gun lobby.
A human rights practitioner and blogger, Dr. Hessebruegge currently works for the New York Office of the UN High Commissioner for Human Rights.
Sunday, February 12, 2017
This summer, the Washburn Law Journal will be publishing a special Issue on the topic of America’s relationship with international law. Renowned International Law Scholar and former Dean of the Yale Law School Harold Hongju Koh will be writing the keynote article addressing international law and the process of treaty formation and compliance under the Trump administration. Several other renowned scholars writing in this area have already agreed to join Prof. Koh in contributing to this Issue.
The Editorial Board of the Washburn Law Journal is inviting other scholars to contribute companion articles for this special Issue.
Washburn Law is honored that Professor Koh will be introducing his keynote article during a lecture at the annual Foulston Siefkin Lecture Series on March 31, 2017. The Editorial Board of the Washburn Law Journal will provide material to selected authors to ensure that articles can, to some extent, be informed by and responsive to Prof. Koh’s thesis.
Interested participants should email an abstract of between 500-750 words by March 15, 2017. Abstracts should indicate whether the piece will be a full article or an essay-length submission, and should be emailed to Claire Hillman at firstname.lastname@example.org. They must include the author’s name, title of the paper, institutional affiliation, and contact information.
Authors already planning to submit articles this submission cycle that fit the topic of this Issue may also submit the article directly to the Claire Hillman, or send an email notifying the Journal that a relevant article has been submitted via ExpressO or Scholastica.
From the abstracts and/or articles submitted, the Editorial Board of the Washburn Law Journal will select 3-5 article-length or essay-length pieces to publish in Issue 3, Vol. 56 (August 2017). Authors will be notified of the acceptance of their submissions and proposals by March 20, 2017. A first draft of the completed article will be due no later than April 31, 2017.
Tuesday, November 22, 2016
During the presidential campaign, Donald Trump promised to bring back waterboarding. Indeed, he promised to bring back much worse. In apparant disregard of the Convention Against Torture, Trump proclaimed "I would approve more than that. It works."
The G. W. Bush administration has a sordid history with waterboarding and other forms of torture. While the administration sought to distance itself from torture decisions, recent information reveals that Bush was more than aware of the waterboarding use.
According to an earlier report on NPR, the torture report points to a document prepared in September 2006, the same month Bush publicly acknowledged the U.S. was holding detainees in secret prisons. It was intended as a Q&A to help the National Security Council principals deal with fallout of public disclosure. One question asked, "What role did the president play... Was he briefed on the interrogation techniques, and if so when?"
The answer: "President was not of course involved in CIA's day to day operations — including who should be held by CIA and how they should be questioned — these decisions are made or overseen by CIA directors."
In his book Bush, Jean Edward Smith chillingly reports that not only was Bush aware of the use of waterboarding, he directly ordered its first use.
"Senator McCain, a victim of torture during his 5 ½ years as a prisoner of war in Vietnam, along with Senator Dianne Feinstein (D-CA) led a successful bipartisan landmark anti-torture legislation that reinforces the United States’ ban on the use of torture, including waterboarding and other so-called “enhanced interrogation techniques.” The legislation—which passed in a 78-21 vote in the Senate and was signed into law as part of the National Defense Authorization Act for the 2016 Fiscal Year—was an historic victory in the fight to reestablish a durable, bipartisan consensus against torture."
In a late breaking report, the New York Times reveals that Trump today claimed that Retired General Matis convinced Trump that water boarding is ineffective.
We will see if the new administration, as well as Congress, will leave the anti-torture provisions intact.