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Linkages Between International Human Rights and U.S. Constitutional Law
Published online by Cambridge University Press: 23 March 2017
Extract
While many law schools now offer separate courses or seminars on international human rights law, the number of students exposed to such specialized study remains relatively small. Human rights law is relevant to many other segments of the law school curriculum—in particular, to courses on constitutional law and individual rights—although little scholarly attention has been devoted to date to integrating appropriate human rights issues into the “bread and butter” courses that all law students take. To begin to address this lacuna, the Procedural Aspects of International Law (PAIL) Institute has undertaken to develop a human rights component or module designed to supplement leading constitutional law course books and present methods of teaching constitutional law.
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- Copyright © American Society of International Law 1985
References
1 See Lillich, , The Teaching of International Human Rights Law in U.S. Law Schools, 77 AJIL 863 (1983)Google Scholar.
2 The preparation of the materials and convening of the conference were made possible by grants to the Institute from the Ford Foundation, the Jacob Blaustein Institute for the Advancement of Human Rights, the Exxon Education Fund and the Dana Fund for International and Comparative Legal Studies.
3 Schneebaum, , The Enforceability of Customary Norms of Public International Law, 8 Brooklyn J. Int’l L. 289 (1982)Google Scholar.
4 See Christenson, , Using Human Rights Law to Inform Due Process and Equal Protection Analyses, 52 U. Cin. L. Rev. 3 (1983)Google Scholar; Christenson, , The Use of Human Rights Norms to Inform Constitutional Interpretation, 4 Hous. J. Int’l L. 39 (1981)Google Scholar.
5 The final version of his paper has been published as Lockwood, , The United Nations Charter and United States Civil Rights Litigation: 1946–1955, 69 Iowa L. Rev. 901 (1984)Google Scholar.
6 332 U.S. 633 (1948).
7 334 U.S. 410 (1948).
8 334 U.S. 1 (1948).
9 347 U.S. 497 (1954).
10 354 U.S. 1 (1957).
11 Plyler v. Doe, 476 U.S. 202 (1982).
12 Bob Jones Univ. v. United States, 103 S.Ct. 2017 (1983).
13 630 F.2d 876 (2d Cir. 1980). Compare Tel-Oren v. Libyan Arab Republic, 517 F.Supp. 542 (D.D.C. 1981), off’d per curiam, 726 F.2d 774 (D.C. Cir. 1984).
14 Fernandez v. Wilkinson, 505 F.Supp. 787 (D. Kan. 1980), aff’d on other grounds sub nom. Rodriguez-Fernandez v. Wilkinson, 654 F.2d 1382 (10th Cir. 1981).
15 Developed in his two articles cited in note 4 supra.
16 See, e.g., Hartman, , “Unusual” Punishment: The Domestic Effects of International Norms Restricting the Application of the Death Penalty, 52 U. Cin. L. Rev. 635 (1983)Google Scholar.
17 Restatement of the Foreign Relations Law of the United States (Revised) §702 (Tent. Draft No. 3, 1982).
18 Cf. United States v. Postal, 589 F.2d 862 (5th Cir.), cert, denied, 444 U.S. 832 (1979); People of Saipan ex rel. Guerrero v. United States Dep’t of Interior, 502 F.2d 90 (9th Cir. 1974), cert, denied, 420 U.S. 1003 (1975). See Riesenfeld, , The Doctrine of Self-Executing Treaties and U.S. v. Postal: Win at Any Price?, 74 AJIL 892 (1980)CrossRefGoogle Scholar.
19 See, e.g., Plyler v. Doe, 476 U.S. 202 (1982); Dames & Moore v. Regan, 453 U.S. 654 (1981); Haig v. Agee, 453 U.S. 289 (1981).
20 The Paquete Habana, 175 U.S. 677, 700 (1900).
21 The revised materials have been published as Materials on International Human Rights and U.S. Constitutional Law (H. Hannum ed. 1985). Included are extracts from significant decisions of the European Commission and Court of Human Rights, the Inter-American Commission on Human Rights and the UN Human Rights Committee. They are available at cost from the PAIL Institute, 1346 Connecticut Avenue, N.W., Suite 1027, Washington, D.C. 20036.