Human Rights Law Courses

4 credits

This course is about civil and criminal enforcement of constitutional rights and other federal rights against government officials. The primary focus is on civil rights litigation in federal courts against state officials under the civil rights statutes passed in the wake of the civil war, including 42 U.S.C. ¿ ¿1983, 1981, 1982 and 1985 on the civil side and 18, U.S.C. ¿¿ 242 and 249 on the criminal side. The criminal segment of the course will be taught by an Assistant United States Attorney in charge of the Public Corruption and Special Prosecutions Unit and the Civil Rights Enforcement Team in the District of Massachusetts. Criminal issues include prosecutions of police officers for violating the civil rights of arrestees and hate crimes. On the civil side, we will examine the rights that give rise to civil rights action and, to a lesser extent, the scope of those rights. The kinds of cases include police brutality, unlawful searches and seizures and discrimination in government jobs. The issues that arise include many statutory questions, such as identification of proper parties to 1983 actions, and judge-make defenses, such as official and state immunities from damages actions and injunctive suits. We will also look at federalism and eleventh amendment limitations on congressional power and federal court remedial power in 1983 actions, although coverage of these issues will not be as thorough as in Federal Courts. The standards for holding local governments liable for damages will also be examined. Our major foray into the substance of constitutional rights will be with regard to the role of state remedies and defendant's state of mind for fourteenth amendment procedural due process violations. We will also look at substantive constitutional rights such as police brutality, medical care for prisoners and detainees, high speed police chases and other similar areas. There will also be some coverage of remedies against federal officials directly under the constitution and remedies against private individuals for civil rights violations. OFFERING PATTERN: This class is not offered every year. Students are advised to take this into account when planning their long-term schedule.

2 credits

Western nations are experiencing a wave of populism eroding the liberal values these nations boast as setting them apart from illiberal regimes in the Global South and East. Animated by a sense of victimhood, an increasing number of citizens from majority groups are attracted to populist rhetoric by right wing ideologues who condemn immigrants, Muslims, and racial minorities as threats to liberal democracy. The stronger the populists become, however, the more the very system they purport to protect is destabilized. As xenophobia and Islamophobia is normalized in mainstream U.S. media and among right wing politicians, the chorus of populism demands building walls, banning Muslims, ending affirmative action, and restricting religious freedom. In this course, students will learn to think critically about the social, economic, political, and legal factors that contribute toward prejudice, discrimination, and human rights violations against Muslims and Arabs in the United States, Europe, and Asia in an era of rising populism. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Immigrants' Rights and Human Trafficking Program. In this seminar, students will further develop their trial advocacy and client counseling skills by participating in multiple simulations and a mock hearing. They will learn about comparative models to address human trafficking, and the challenges of a criminal justice framework to solving complex social problems. The course will focus on the lawyer's role in anti-trafficking work, given: (1) converging areas of law; (2) the emerging multi-disciplinary nature of legal work; and (3) tensions among the role of the client as both victim and defendant. Courses will focus on further developing students' competencies in the following areas: (1) strategic planning and decision-making; (2) client interviewing and counseling; (3) trial advocacy; (4) leadership and innovation; and (5) professional responsibility. Classes will focus on a wide range of topics, including: (1) oral advocacy; (2) direct and cross examination; (3) accompaniment and survivor-led advocacy; (4) legal advocacy and brief writing; (4) legislative advocacy; and (5) developing professional roles and self-care. NOTE: The Immigrants' Rights and Human Trafficking Program counts toward the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

This is an introductory seminar to international human rights law. The class will introduce students to the concepts of human rights, and the legal texts that have codified and provided content to those concepts in the last seventy years. The class aims to work at three levels: to examine the role of human rights (law) in history and politics; to analyze the doctrine of international human rights law; to introduce key areas of current and future human rights practice. We will accordingly look at the historical evolution and political role of human rights law, and ask whether there is such a thing as universal human rights, or whether the concepts are dependent on specific regions, cultures and political systems. We will look at the key institutions and mechanisms, at the global and regional level, for the monitoring and enforcement of human rights law. We will analyze the law on specific rights (for example the right to life, the prohibition of torture, the right to self-determination) as well as in specific contexts and themes (for example human rights and climate change; business and human rights) to understand the reach and function of human rights law in the international system. UPPER-CLASS WRITING REQUIREMENT: A limited number of students may use this class to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the International Human Rights Clinic. Students in the Clinic work on policy issues on behalf of institutional clients that represent refugees, forced migrants, immigrants, and stateless persons. Students work on long-term human rights projects such as: working with NGOs in advocacy in the UN human rights system or in regional organs (e.g. Inter-American and European human rights bodies); advocating for durable solutions to statelessness and citizenship deprivation in the Middle East; and organizing workshops and presentations to major stakeholders around the world. Students conduct legal and factual research and outreach to partners and project strategy development, and prepare written reports and submissions to international and regional agencies. The clinic fieldwork may include international travel. PRE/CO-REQUISITE: International Human Rights (LAW JD 991). NOTE: The International Human Rights Clinic counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the International Human Rights Clinic. This is the companion spring classroom component for students in the Clinic. The course focuses on further developing skills in the context of the substantive law and mechanisms of the Inter-American Human Rights system. Classes will cover: interviewing and counseling institutional (non-governmental organizations) clients; designing and implementing human rights field research; ethical pitfalls and professional 'best practices' in human rights collaborations with international networks; advocacy within the Inter-American machinery; and simulations using comparative and foreign human rights problems. The classes will be a combination of readings and discussion; simulations; student presentations; short papers and case rounds to discuss project work; and group and individual feedback on project development. NOTE: This course counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the International Human Rights Clinic. This course is the companion fall classroom component for students enrolled in the Clinic and provides an introduction to essential lawyering skills, with a focus on those relevant to the practice of human rights law. The goal of the course is to help students develop a wide range of competencies, including written and oral communication and advocacy, legal research, factual investigation, witness interviewing, professional responsibility, and strategic thinking and problem-solving. NOTE: This course counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.

3 credits

This seminar will offer a survey of international law of war and international criminal law. We will start by exploring the prohibition on the use of force, and then explore humanitarian law, which seeks to tame and regulate the conduct of states during wars, armed conflicts, and occupation. We will examine the responses of humanitarian law to "the war on terror" and modern warfare technologies, including the use of drones and autonomous weapons. Then, we will shift to examining the violations of international law of war and other violations for which individuals may incur criminal liability directly under contemporary international law. We will examine the institutional framework, including the International Criminal Court and its predecessors, and jurisdictional issues of international criminal law. GRADING NOTICE: This course does not offer the CR/NC/H option. ENROLLMENT RESTRICTION: Students who previously enrolled in Law and War (JD 797) may not register for this class. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

2 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. This is the companion academic component for students enrolled in the Pro Bono Scholars Program: Fieldwork course. Students work with a faculty supervisor in designing their own reading list, writing a 15-20 page research paper, and submitting seven 4-6 page bi-weekly journals. COREQUISITE: NY Pro Bono Scholars Program: Fieldwork (JD 743).

10 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. Through the Pro Bono Scholars Program, students spend their spring 3L semester working full-time for credit at a government agency or non-profit providing direct legal services to indigent clients. Participating students sit for the February New York bar exam, and begin their fieldwork the week after. Students passing the bar exam and completing other NY bar and BU Law graduation requirements are admitted to the NY bar in late June. NOTE: Students who enroll in this program may count the credits toward the 6 credit Experiential Learning requirement. COREQUISITE: NY Pro Bono Scholars Program: Directed Study (JD 744).

3 credits

Public interest legal practice takes many forms. It can involve government agencies, non-profit organizations, private law firms doing pro bono work, public defender's office, labor unions, and inter-governmental organizations, among others. It can take the form of litigation, transactional work, policy-related work, or legislative advocacy. Also, attorneys adopt varied models of public interest lawyering, including approaches known as community lawyering, cause lawyering, and movement lawyering. This seminar engages through readings, guest speakers, and class discussion to examine the various approaches to public interest lawyering. Students will explore how to define the "public interest" and learn different models for public interest lawyering. Students also will gain familiarity with the different substantive areas of public interest law, organizational settings for public interest practice, and modes of public interest advocacy. Many class sessions will include a guest faculty member or a guest attorney who will present a sample of their public interest work in connection with class themes. There will also be time dedicated to discussing speaker presentations. Students will be required to submit short reaction papers to the readings and presentations and perform an in-class oral presentation based on class themes. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

This course explores the interactions between gender, sexual orientation, and the law in the United States, historically and contemporaneously. Over the course of the semester, students will gain a critical understanding of how doctrines of positive rights, conduct, privacy, and equal protection have shaped views on gender and sexual orientation across time, and how the latter have likewise shaped the former. Looking through the lens of modern legislation, litigation, and the lived experiences of LGBTQ people in the United States, students will develop their own theories of law regarding gender and sexual orientation--theories of law that will hopefully be applicable throughout their careers as legal professionals. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement.