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The Teaching of International Human Rights Law in U.S. Law Schools

Published online by Cambridge University Press:  27 February 2017

Richard B. Lillich
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American Journal of International Law , Volume 77 , Issue 4 , October 1983 , pp. 855 - 861
Copyright
Copyright © American Society of International Law 1983

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References

1 Teaching of International Law and Related Courses in American Law Schools (ASIL Occasional Paper, 1964).

2 International Legal Studies: A Survey of Teaching in American Law Schools 1963–1964, at 92 (ASIL, Edwards, R. Jr., ed. 1965)Google Scholar.

3 Panel, , The Teaching of International Aspects of Human Rights, 65 ASIL Proc. 240 (1971)Google Scholar.

4 Those professors currently teaching a course in human rights are Sohn at Harvard, Bilder at Wisconsin and Michigan, Carey at N.Y.U., Newman at Berkeley, Nanda at Denver, Henkin at Columbia, Marroney [sic] at Syracuse, Van Dyke at Iowa, Lillich at Virginia, Del Russo at Howard and Georgetown, and McDougal at Yale.

Panel, supra note 3, at 255 (remarks of Bert B. Lockwood, Jr., reporting on a 1971 survey of international human rights law courses conducted by the University of Virginia School of Law).

5 Sohn, L. & Buergenthal, T., International Protection of Human Rights: Cases and Materials (1973)Google Scholar; and Lillich, R. & Newman, F., International Human Rights: Problems of Law and Policy (1979)Google Scholar. See notes 12–13 and 22 infra and accompanying text.

6 Teaching International Human Rights Law in Law Schools and Universities (PAIL Institute, Oct. 1980). Copies of the report may be obtained for cost by writing Hurst Hannum, Esq., Executive Director, Procedural Aspects of International Law Institute, Room 1027, 1346 Connecticut Ave., N.W., Washington, D.C. 20036.

7 They were American, Arizona State, Catholic, Cincinnati, Dayton, Denver, Harvard, Howard, Iowa, Minnesota, NYU, Ohio Northern, Pace, Rutgers (Camden), Santa Clara, Stanford, SUNY (Buffalo), Temple, Virginia, and Wisconsin. All but Catholic, Howard, and Wisconsin still have such an offering in their regular curricula. See notes 16–18 infra.

A contemporaneous survey by the American Bar Association, perhaps reflecting “the wish is the parent of the thought” principle, listed 47 law schools “offering or planning to offer one or more courses primarily concerned with international human rights.” ABA Subcommittee on Human Rights Education, The ABA National Survey on Human Rights Teaching, App. (Dec. 1979). Included in the list were all the institutions mentioned in the 1980 PAIL survey—except for Howard, NYU, and Stanford—plus 32 other law schools. Well over half of the latter never offered such a course or seminar and, as the recent PAIL survey discovered, have no present intention of doing so.

8 California (Berkeley) and Michigan now have such an offering, as does Texas during its summer session. See notes 16–18 infra. Cornell and Yale have offered a course or seminar upon occasion, but Chicago and UCLA remain delinquent. See text at note 24 infra.

9 On the question of prerequisites, the conference discussion tracked that of the ASIL panel in 1971. See Panel, supra note 3, at 257–58.

10 See, e.g., Henkin, L., Pugh, R., Schachter, O., & Smit, H., International Law 80–28 (1980)Google Scholar; Sweeney, J., Oliver, C. , & Leech, N., the International Legal System 57–650 (2d ed. 1981)Google Scholar; and Weston, B., Falk, R., & D’Amato, A., International Law and World Order 466–595 (1980)Google Scholar. So, too, does the most recent international organizations course book. See Kirgis, F. Jr., International Organizations in Their Legal Setting 744–919 (1977)Google Scholar.

11 For the first steps in that direction, see text accompanying note 34 infra.

12 The 1980 PAIL survey revealed that this course book was being used at two law schools. Teaching International Human Rights Law in Law Schools and Universities, supra note 6, App. C. For its present adoptions, see text accompanying note 22 infra.

13 The 1980 PAIL survey revealed that this course book was being used at 14 law schools. Ibid. For its present adoptions, see text accompanying note 22 infra.

14 International Covenant on Civil and Political Rights, adopted Dec. 16, 1966, entered into force Mar. 23, 1976, GA Res. 2200 (XXI), 21 UN GAOR Supp. (No. 16) at 52, UN Doc. A/6316 (1966), reprinted in Lillich, R., International Human Rights Instruments 170.1 (1983)Google Scholar; International Covenant on Economic, Social and Cultural Rights, adopted Dec. 16, 1966, entered into force Jan. 3, 1976, GA Res. 2200 (XXI), 21 UN GAOR Supp. (No. 16) at 49, UN Doc. A / 6316 (1966), reprinted in R. Lillich, supra, at 180.1.

15 The data that follow are based upon questionnaires returned by or information orally supplied by 146 of the 170 accredited U.S. law schools, or 86%. Apologies are made in advance for the errors inherent in such a survey.

16 American, Columbia, New York Law School, and Virginia.

17 Antioch, Boston University, California (Berkeley), Capital, Connecticut, Dayton, Franklin Pierce, Georgetown, Iowa, Notre Dame, Ohio Northern, Rutgers (Camden), Rutgers (Newark), Southwestern, Stanford, SUNY (Buffalo), and Texas.

18 Albany, Arizona State, Bridgeport, Cincinnati, Cleveland State, Denver, Florida, George Mason, George Washington, Harvard, JAG School (Army), Loyola (Los Angeles), Michigan, Minnesota, NYU, Northern Illinois, Northwestern, Nova, Pace, Pittsburgh, Santa Clara, Southern Illinois, Stetson, Temple, and West Virginia.

19 Of the 24 accredited law schools not reporting, however, it would not be unreasonable to assume that relatively few had an international human rights law offering. Thus, the percentage of all U.S. law schools having such an offering is probably closer to 26% than to 32%.

20 Akron, Boston College, Catholic (Puerto Rico), Campbell, Detroit College, Richmond, Texas Southern, Utah, and Wayne State. Three of these schools reported a similar intention to the ABA in 1979 but never followed through (see note 7 supra), which makes one somewhat skeptical about whether they will now.

21 This percentage probably should be adjusted downward for the reason suggested in note 19 supra.

22 At the 46 law schools currently teaching the subject, five instructors report using Sohn and Buergenthal as teaching materials and 26 have adopted Lillich and Newman. Compare text accompanying notes 12–13 supra. Thirteen instructors use their own materials, generally for seminars, while no information is available on the materials used in the other offerings.

A two-volume text edited by Theodor Meron, Human Rights in International Law: Legal and Policy Issues, is appearing late in 1983 and will also be available for teaching the subject.

23 The percentage of all U.S. law schools not teaching the subject probably is somewhat higher for the reason suggested in note 19 supra.

24 In 1979, Yale and five of the eight schools in the latter category reported to the ABA that they were offering or intended to offer an international human rights law course. See note 7 supra. Now none of these schools contemplates such an offering, certainly a disappointing slippage of expectations.

25 E.g., Ohio Northern.

26 E.g., Texas.

27 E.g., Notre Dame.

28 E.g., Duke.

29 E.g., USC.

30 E.g., Colorado.

31 And, of course, encouraging more students to take such a course.

32 See text at note 10 supra.

33 See text at note 11 supra.

34 This project, supported by grants from the Dana Fund, the Exxon Education Fund, the Ford Foundation, and the Blaustein Institute, seeks—through exposing constitutional law professors to international human rights law and preparing supplementary materials for their use in teaching the basic constitutional law course—to infuse or integrate international human rights norms into one key area of the law school curriculum. Further information about the project may be obtained by writing PAIL, whose address is given in note 6 supra.