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Center for Global Law & Policy Fall 2017 Newsletter

Director’s Message

Dear Friends of CGLP,

It is a pleasure to share this information about the activities and programs conducted by the Center for Global Law and Policy during the past year. The Center is fortunate to have the services and advice of many members of the Law School faculty who teach in and direct our summer programs, produce relevant scholarship that highlights the academic mission of the law school and its centers, and create learning and job opportunities for our students who are interested in the international reach of U.S. law.  It is a very competent and committed group of teachers and scholars that advance the work of the Center and the following pages of this report lists their many activities and accomplishment during the preceding year.

But, perhaps most important, the Center is blessed to have the services of Carly Koebel, Sr. Program Manager for the Center. She provides leadership and administrative support for the law school’s summer programs, exchange student programs, and conferences and symposia sponsored by the Center.

The Center, like most international organizations, is facing some challenges due to a highly uncertain political climate for international academic and professional activities including increasing problems with immigration and visa processes and the national government’s attempts to constrain some forms of international education opportunities. We will continue to provide these opportunities for our students and other American law students through our summer international programs and continue to create opportunities for our students to enjoy an international law experience in classes and student exchange programs.

The cornerstone of the law school’s international and comparative law focus is our summer programs and Santa Clara Law continues to have an international program with more “learning locations” than any other American law school. And, importantly, these ten programs provide Santa Clara and other law school students with opportunities to advance their knowledge and gain an international perspective in multiple practice areas such as international corporate and business law, environmental law, human rights law, and intellectual property law. In addition, the Center’s summer programs have experienced a significant increase over the past few years in the number of externships that our students have taken in law firms, judicial chambers, non-governmental organizations and other law practice settings. These placements permit our student to gain invaluable skills and competencies—including the ability to work in other legal systems—that today’s lawyers need.

Thank you for your interest in the work of the Center and we certainly encourage your comments and suggestions.

Best Wishes,

Donald J. Polden
Professor of Law and Director of Center for Global Law and Policy


Summer Abroad Map2017 Summer Abroad Programs

Costa Rica 2017 – Francisco Rivera

“This has been my favorite course so far in law school (…). I am even more excited about working in the field of human rights law.” This was a student’s evaluation of her experience as a law student in Santa Clara Law’s Costa Rica Program this summer. Read more.

Geneva 2017 – Claudia Josi

The 2017 Geneva Summer Program was, once again, an amazing experience! 17 students from Santa Clara Law and other law schools around the country (and Canada!) enjoyed 4 weeks of classes in international law, intellectual property, international humanitarian law, and international human rights law, all of which were taught by professors who are some of the most highly respected experts in their field. Read more.

The Hague 2017 – Anna Han

This summer, we had 23 eager and engaged students in our study abroad program in The Hague. Our summer program in The Hague provided a unique opportunity for students to study and immerse themselves in international criminal law. The Hague is the location of the International Criminal Court, the International Tribunal for the Former Yugoslavia (and its successor, Mechanism for International Criminal Tribunals (“MICT”) to handle appeals), The International Court of Justice, and the special Tribunal for Lebanon. Read more.

Munich 2017 – Tyler Ochoa

Santa Clara had a group of seven students in our Munich summer program this year, four from Santa Clara and others from George Mason, Arkansas-Little Rock, and Golden Gate University. The students learned about European Intellectual Property Law from guest lecturers and were able to travel around the continent on weekends. Read more.

Oxford 2017 – Gary Neustadter & Patty Rauch

The 2017 Oxford program had another successful summer. Students from Santa Clara and other universities gathered together in late June to begin the program. Each student had the unique opportunity to participate in an intense tutorial experience with Oxford professors. Our students chose from a wide range of legal topics, including “Comparative Torts law,” “Comparative Property law,” “Refugee Law,” and “Human Rights Law.” They prepared a weekly paper on issues in the area of law they chose, defending their papers with their professor. Read more.

Shanghai 2017 – Deep Gulasekaram

This past summer, we had a fun and energetic group of 14 students join the study abroad program in Shanghai, with a few more students taking advantage of externship programs. Some of the students had hometown connections in Shanghai and surrounding areas, which made the experience even more meaningful and fun for the whole group. Most of those students also possessed native language skills in Mandarin, which helped all of us discover and explore the city! But, even those without language skills had an amazing time navigating the legal and business center of one of the most vibrant cities in the world. Read more.

Sydney 2017 – Evangeline Abriel

In the Sydney 2017 program, we had a wonderful opportunity to explore two areas of law – refugee law and international environmental law – from international, United States, and Australian viewpoints. In doing so, we had the benefit of two outstanding Australian jurists – Barrister Nicholas Poynder, on Australian refugee law, and Professor Angela Dwyer, of the University of Technology Sydney School of Law, on environmental law. Read more.

Tokyo 2017 – Donald Polden

The law school’s Tokyo program had sixteen students enrolled in the program courses and thirteen of those students continued their studies in Tokyo, Seoul, and Shanghai on externships with law firms. The program included educational visits to the Japan Ministry of Justice, the Japan Patent Office, the national legislature and the Japan Supreme Court. Read more.

Vienna 2017 – Philip Jimenez

Our students met with their Professors of the Faculty of Law at the University of Vienna, as well as with Austrian students planning to secure their LLM degree at Santa Clara. It was a wonderful, energetic beginning to the summer, with a dinner featuring traditional Viennese favorites, and much discussion of exciting professional lives ahead. Read more.

Some photos were winners of this year’s #SCULawAbroad photo contest. Check out our Facebook page to see the videos as well. (www.facebook.com/SCUCGLP/)


Faculty Updates

Evangeline Abriel is the co-author, with Sally Kinoshita, of The VAWA Manual: Immigration Relief for Abused Immigrants. The seventh edition of the manual was published by the Immigrant Legal Resource Center in June 2017.


Colleen ChienColleen Chien is publishing an article with the Ariz. S. Law. Journal – Comparative Patent Quality.

She and 1L Alexandra Koseva spoke at an SCU event sponsored by HTLI hosting the European Patent Office in September 2017. (law.scu.edu/event/the-epo-comes-to-silicon-valley/)


Colleen Chien and Brian Love are both participating in the International Patent Remedies for Complex Products (INPRECOMP) Project, organized through King’s College London and Arizona State. They are joined by about two dozen patent law professors from around the world.  They both attended a conference in October 2016 at King’s College. The ultimate goal of the INPRECOMP Project is to produce a book that takes a comparative look at remedies for patent infringement and recommends best practices.


Stephen Diamond presented “Exercising the ‘Governance Option’: Labor’s Push to Reshape Capitalism” to the 2nd Business and Human Rights Scholars Conference at the University of Washington School of Law in September 2016.

He presented “Exercising the ‘Governance Option’: Labor’s Push to Reshape Capitalism” to the Labour Law Research Network 3 Conference at the University of Toronto Faculty of Law in June 2017.

He served as a member of the Organizing Committee for the 3rd Business and Human Rights Scholars Conference which took place at Santa Clara University in September 2017. The conference was co-sponsored by NYU, Rutgers and the University of Washington.

His paper “Are the Stock Markets ‘Rigged’? An Empirical Analysis of Regulatory Change” (co-authored with Jennifer Kuan) has been accepted for publication by the International Review of Law and Economics and he will be presenting the paper at the Law and Economics section of the AALS in January 2018 in San Diego.

He is teaching a seminar this term on “Business and International Human Rights.”


Anna Han wrote an article to be published in The Corporate Law and Corporate Crimes Journal of NALSAR University of Law in Hyderbad, India titled “Diversity on the Board of Directors: A Suggestion to Look Outside of Your “Board”ers”.


Philip Jimenez lectured at the National Judicial Council, Ulaanbaatar, Mongolia, on “Jurisdiction and Choice of Law in Transnational Litigation” in October 2016.

His collaboration continues with the National Graduate University for the establishment of an LLM in International Commercial Law, and a Research Center for Global Rule of Law.

He lectured in October 2016 at Faculty of Law, Seoul National University, Seoul, South Korea, on “Negotiating with Americans”; part of a continuing simulation course in which we collaborate with SNU in a trans-Pacific exercise negotiating a technology licensing agreement.

In January 2017, he supervised SCU students participating in trans-Pacific negotiation simulation exercise in Tokyo, Japan.

In June 2017, he presented at “Symposium on International Arbitration”, sponsored by Chamber of Commerce, Ulaan Baatar, and National Judicial Council, Mongolia.


In April 2017, Gary Neustadter received the Sixth Annual Judge Wes Steen Prize for the best article of the year in the American Bankruptcy Institute Law Review, for my article Randomly Distributed Trial Court Justice: A Case Study and Siren from the Consumer Bankruptcy World, 24 ABI L. Rev. 351 (2016).


Donald J. Polden, Dean Emeritus and Professor of Law; Director of Center for Global Law and Policy. Professor Polden jointly authored a book titled, Sport, Ethics and Leadership, published by Routledge (2017), and the 2018 Supplement to his treatise on U.S employment law titled Employment Relationships: Law and Practice (Wolters Kluwers). He also prepared an article on the tenure and faculty tenure provisions of the Standards on Approval of US Law Schools which was published in the Journal of Legal Education.  He is currently serving as Director of the Heafey Center for Advocacy at the law school and participates on the Executive Committee of the Ingram Inn of Court in San Jose. He also directed the law school’s summer program in Tokyo in summer of 2017.


Francisco Rivera Juaristi co-authored a written submission to the United Nations Special Rapporteur on Violence Against Women regarding the need for a separate legally binding treaty on violence against women and girls; presented a draft paper at the third annual Business and Human Rights Scholars conference on the duty of States to protect against business-related human rights violations, and is writing a chapter for a book to commemorate the 70th anniversary of the Universal Declaration on Human Rights.

Prof. Rivera taught two online sessions on issues of violence against women and business responsibility for human rights violations in the context of the Masters Program on Human Rights and Human Security of the Università degli Studi di Milano-Bicocca, in Italy; he taught an online lecture on human rights clinical legal education to students in the Universidade La Salle, in Brazil, and taught an online course on the Inter-American Human Rights System to students in the International Studies Program at Sacred Heart University, in Puerto Rico.

He spoke at a Continuing Legal Education (CLE) conference in San Francisco on The Human Rights of Migrants: Challenges and Opportunities in California, and at a conference held in Northeastern Law School in Boston on the issue of Human Rights Cities. Prof. Rivera also moderated a panel discussion with two members of the Inter-American Commission on Human Rights and Fr. Luis Arriaga on issues of human rights at home and abroad.

Prof. Rivera also provided technical expertise and testified in front of the Mountain View City Council in support of the adoption of a Human Rights City resolution. The resolution was approved on December 2016. He published a blog post about it, and was invited to become a member of the national Human Rights Cities Steering Committee. He continues to work with the County of Santa Clara to support the adoption of an ordinance that would incorporate locally the principles set out in the U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Prof. Rivera continues to serve as Chair of the Governing Bodies Committee and is a member of the Drafting and Implementing Committees for a civil society coalition that is drafting a new UN treaty on violence against women.

During the summer, Prof. Rivera co-directed and taught in the law school’s summer abroad programs in Costa Rica and Geneva.


David Sloss was awarded a Certificate of Merit in Spring 2017 by the American Society of International Law for a “preeminent contribution to creative scholarship” for his book entitled The Death of Treaty Supremacy: An Invisible Constitutional Change (Oxford University Press 2016).

In the first half of 2017, he gave a series of public talks about that book, including at Hastings College of Law (in January), Arizona State University (in February), and UCLA, Pepperdine, and U.C. Irvine (in March).

He authored or co-authored three different book chapters, as follows:

  • United States, in Supremacy of International Law vs. National Fundamental Principles, Fulvio Palombino, ed. (forthcoming, Cambridge Univ. Press 2017-18)
  • Incorporation, Federalism, and International Human Rights, in Human Rights and Legal Judgments: The American Story, Austin Sarat, ed. (Cambridge University Press 2017)
  • International Law in Domestic Courts, in Research Handbook on the Politics of International Law, Sandholtz and Whytock, eds. (Edward Elgar 2017) (co-authored with Michael Van Alstine)

He also wrote three other pieces that will soon be published:

  • The New ALI Restatement and the Doctrine of Non-Self-Executing Treaties, 64 Federal Lawyer xxx (forthcoming 2017)
  • Human Rights and Constitutional Democracy, reviewing The Promise of Human Rights (by Jamie Mayerfeld), 39 Human Rights Quarterly xxx (forthcoming 2017)
  • California’s Climate Diplomacy and Dormant Preemption, 56 Washburn L. J. xxx (forthcoming 2017)

In October, he will be giving a series of lectures at different universities in Europe, including the European University Institute (Italy), University of Naples (Italy), University of Amsterdam (Netherlands) and University of Leiden (Netherlands).


Gary Spitko presented a paper – “Intestate Inheritance Rights for Unmarried Committed Partners: Lessons for U.S. Law Reform from the Scottish Experience,” at the Iowa Law Review/ACTEC Foundation Symposium on “Wealth Transfer Law in Comparative and International Perspective,” University of Iowa College of Law, Iowa City, IA, September 2017).


Tseming Yang published the following:

A commentary entitled “Professionals in China: An Update” on China’s new Foreign NGO Legislation and its effect on environmental NGOs in the July/August edition of the ENVIRONMENTAL FORUM.

An August 24, 2017 op-ed piece entitled “Rebates a prudent way to save world from climate change” as part of the Tribune News Service’s Pro-Con op-ed series, which appears in newspapers across the nation.

“THE CASE FOR U.S. RATIFICATION OF THE BASEL CONVENTION ON HAZARDOUS WASTES,” 25 NYU Environmental Law Journal 52 (2017) (with Scott Fulton).

On January 26, 2017, he gave a work-in-progress presentation on “The Global Rise of the EIA Duty: Best Practice, Global Norm, General Principle of Law” at the Environmental Law Colloquium of the UC Berkeley School of Law.

On June 16, 2017, he met with Taiwan’s Minister of Environmental Protection and staff in the Water Pollution Control Division to discuss environmental governance issues.

On June 17, 2017, he gave a lecture on “Water Pollution Regulation in the U.S. and Recent Developments” at “Sustainability and Green Technology Conference” at National University of Kaohsiung in Taiwan.

On June 17, he also led a workshop on Environmental Enforcement for agency staff at the Kaohsiung Municipal Environmental Protection Bureau and met with the Deputy Mayor of Kaohsiung City to discuss environmental enforcement issues.


Center for Global Law & Policy Fall 2016 Newsletter

May to September, 2016

Director’s Message

Dear Friends of CGLP,

I began service as Director of the Center for Global Law & Policy in July of 2016, taking over for Professor Anna Han who successfully served as Director for several years and returns to teaching full time. She did an excellent job of strengthening the programs and activities of the Center, especially during the challenging times facing legal education and law students. She will remain involved in the law school’s international law programs and activities and will be helpful to me as I begin my work as Director of this outstanding law school program.

In this issue of the Center’s Newsletter, I am pleased to share information about the international activities and accomplishments of our faculty and students and the success of the law school international programs. Santa Clara Law continues to have one of the most “internationally-focused” law faculties in the United States and this is reflected in the programs we develop and run, in our research and scholarship, and in the service we engage in on behalf of our students and the law school.

Recent changes in the Center’s budget limits its ability to sponsor some programs, such as its annual international law symposium, but we remain committed to providing our students with true international legal engagements, such as those provided by our ten summer programs throughout the world, and assisting our international students in gaining the education they desire from Santa Clara University.  Carly Koebel, the Center’s Program Manager, and I will continue to supports those students and our faculty in advancing their international law goals and plans. 

I hope you will let me know if I can answer questions you may have about the Center and its work.

Sincerely,

Donald J. Polden
Dean Emeritus and Professor of Law
Center for Global Law and Policy


Summer Abroad Map2016 Summer Abroad Programs

Costa Rica 2016 – Francisco Rivera

“It was a great experience!” “I would definitely recommend it to other students!” “This opportunity, both the classes and the internship, completely changed my life!” “Prof. Rivera should win the Nobel Prize!” OK, three of these four statements were said by students who participated in Santa Clara Law’s Costa Rica Program this summer. Read more.

Geneva 2016 – Claudia Josi

The 2016 Geneva Summer Program was, once again, an amazing experience for students from SCU Law and other schools around the country (and Canada!). Over the course of four weeks, 25 students enjoyed classes in international law, intellectual property, international humanitarian law, and international human rights law, all of which were taught by professors who are some of the most highly respected scholars and lawyers in their field. Read more.

The Hague 2016 – Margaret Russell

The Hague 2016 program was a rich and content-filled two weeks at the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia, and the Special Tribunal for Lebanon. Twenty-four students from twelve law schools across the U.S., under the directorship of Margaret M. Russell, met with judges, defense attorneys, prosecutors, and other legal staff to learn about each court’s history, structure, jurisdiction, and current practice challenges. Highlights included many riveting speaker presentations, including explanations of the unique roles of victims’ advocates and trial interpreters in international criminal tribunals. Read more.

Munich 2016 – Tyler Ochoa

Santa Clara had a small group of students in our Munich summer program this year, from both UC Davis and Santa Clara. The students learned about European Intellectual Property Law and were able to travel around the continent on weekends. We took the students on field trips to the European Patent Office, where they observed an oral proceeding in a post-grant opposition to a patent; and to BMW, where they got a lecture on BMW’s protection of intellectual property and a factory tour. Read more.

Oxford 2016 – Gary Spitko

In the summer of 2016, seventeen students studied in Santa Clara’s program at the University of Oxford. The seminar on English Legal Systems and Institutions featured lectures by professors from several Oxford colleges (Magdalen, Jesus, and Corpus Christi). Lecture topics included the English legal educational system (including the Oxford tutorial system), an introduction to English land law, the development of a privacy tort in the United Kingdom, and the nature of parliamentary sovereignty in the United Kingdom.
Read more
.

Shanghai 2016 – Deep Gulasekaram and Anna Han

This summer, 8 students joined the study abroad program in Shanghai. Quite a few of them were from Shanghai and fluent in Mandarin, which made the experience even more meaningful. But, even those without language skills had an amazing time navigating the legal and business center of one of the most vibrant cities in the world. Read more.

Singapore 2016 – Yvonne Ekern

The 2016 Singapore Study Abroad Program opened with a welcome lunch for students and lecturers in the open air restaurant located in the Asian Civilization Museum on the banks of the Singapore River. Lunch was followed by a walking tour of “legal Singapore.” The tour focused on the Colonial history of the Singapore legal system. Our first lecture took place in Singapore’s oldest courtroom. The 2016 three week program focused on the intersection of human rights and business practices South East Asia. Read more.

Sydney 2016 – Evangeline Abriel

In the Sydney, Australia 2016 program, students examined a topic of critical importance around the world – the ways in which the United Nations and individual countries address the situation of people seeking refuge. The program also offered students an extraordinary opportunity to speak with Australian judges and lawyers and to observe Australian legal proceedings and in this way to compare the ways in which the two countries address issues of social justice. Read more.

Tokyo 2016 – Philip Jimenez

The Summer Program in Tokyo, 20146 proved to be very exciting and informative for all. In addition to the excellent classes offered by our outstanding faculty, we were invited back to the Supreme Court where we received an excellent, comprehensive presentation on how the court functions, and a tour of this stunning example of Japanese architecture.
Read more
.

Vienna 2016 – David Sloss

In summer 2016, twelve students attended Santa Clara’s summer program in Vienna. Students took three weeks of classes, including two weeks at the University of Vienna and one week at the Austrian National Defense Academy. The classes focused primarily on European Union Law. The students also learned about international business law and the differences between civil law and common law systems. Read more.


Faculty Updates

Colleen ChienColleen Chien wrote a blog post in the spring for CGLP on Edward Kwakwa’s visit; she gave two talks in India about high tech patenting and economic development, one at the Center for Policy Research in spring and one as part of the JIRICO conference on Innovation, IP, Competition, and Standards setting (visit facebook.com/SCUHTLI/ for photos); she will have a blog post coming out soon on the Spicy IP website; and she participated in the closing panel at the IP Global Business Congress in Barcelona in June.

 


Stephen Diamond will be presenting a paper on corporate governance at the 2nd annual conference on Business and Human Rights sponsored by the University of Washington School of Law, Rutgers University Business School of Law, the Rutgers Center for Corporate Law and Governance and the NYU Stern School of Business’ Center for Business and Human Rights to be held at the University of Washington later this month.

The 20th anniversary of the publication of his book (co-edited with Lance A. Compa of Cornell University) entitled Human Rights, Labor Rights and International Trade (University of Pennsylvania Press, 1996, 2003) was honored at the recent meetings of the Law and Society Association in New Orleans at a panel session called “Twenty Years Gone: Human Rights, Labor Rights and International Trade.”

He is leading a seminar this semester called “Globalization and the Rule of Law: Global Tectonics” which focuses on issues that transcend existing international legal regimes and states. Our guest speakers will include Professor Michael Malloy of the McGeorge School of Law, Professor Beth Van Schaack, currently Leah Kaplan Visiting Professor in Human Rights at Stanford Law School, Natalie Bridgman-Fields, Executive Director of Accountability Counsel and Brett Byers, of the Rainforest Trust.


In the past year, David Friedman gave talks on a variety of topics in India, Bali, Brazi, and London, as well as the U.S. The most entertaining was probably a talk to people who grade the economics AP exam on how to make economics fun. Below is a list of his talks.

  • Delhi
    “The Future of Capitalism: A Case for India” at FICCI
    “How to Privatise Everything” at St. Stephen’s Collere
    “Law Without the State” at the University of Chicago center in Delhi
  • Mumbai “How to Privatise Everything.”
  • Bangalore “The Future of Capitalism
  • Bali
    Bali Society: “Externalities, Population and Global Warming” International Society for Individual Liberty:”Future Imperfect”
  • Brazil 
    Sao Paulo TV interview, The Noite com Danilo Gentili (Talk show, I think claimed to be the second highest viewer rating show in Brazil)
    Lecture at IFL in Belo Horizonte: Future Imperfect: Technological Revolutions That Might Happen and Their Consequences
    Lecture at Instituto Ling in Porto Alegre: Market Failure, Considered as an Argument both for and Against Government
    SFL Brazil at São Paulo: Global Warming, Population, and the Problem with Externality Arguments
    IFL Liberty and Democracy Forum in São Paulo: Market Failure, Considered as an Argument both for and Against Government
  • Marrakech, Morocco
    “Market Failure: An Argument both for and Against Government”
  • London
    “A World of Strong Privacy” at Google London
    “Future Imperfect,” keynote closing speech at the “Think” event run by the Institute for Economic Affairs

Eric Goldman gave the following talks in April:

University of Sussex, Brighton, England, April 2016 (Internet Immunity as Economic Policy)

British and Irish Law, Education and Technology Association (BILETA) Annual Conference, University of Hertfordshire (London), April 2016 (Four Stages of Legal Education Specialization)

Intellectual Property on the Internet: Opportunities and Risks, Haifa Center for Law and Technology, Herzliya, Israel, April 2016 (Online Trademark and Marketing Law Trends)


In May, Anna Han spoke to a group of Chinese officials in San Jose on US law hosted by the International Academy of of Trial Lawyers. She also completed an article titled “Diversity on the Board of Directors: A suggestion to look outside of your “board”ers.” The articles was solicited by NALSAR University of Law’s Journal of Corporate Affairs and Corporate Crimes in India.

 

 


Philip Jimenez had the following international activities:
Coordinating management of Transnational Negotiation Project with Seoul National University, and  Sungkyongkwan University in Korea, and In House Counsel Association, Tokyo, Japan.

Senior Consultant on International Law for Graduate Institute of the Humanities, and Graduate Institute of Law, Ulaan Baatar, Mongolia.

Lectured at Seoul National University Faculty of Law, “Negotiating with Americans”.


In May, Claudia Josi was invited to Colombia by the International Committee of the Red Cross (ICRC) to participate in a workshop on the application of International Humanitarian Law in that country’s historical peace process.

In July, Josi was also invited to give a lecture on “The Role of the UN in Peace and Conflict” in the framework of the International Security Studies Program (ISSP) of the University of Fribourg, Switzerland. She discussed the UN’s main activities to promote peace and security, such as disarmament, preventive diplomacy and peacekeeping, as well efforts by the international community to prevent future conflicts.


Jean Love and Patricia Cain both participated in an international conference on feminism held in Shanghai and sponsored by Cornell Law School and Fudan University. Patricia Cain’s paper on Lesbian Feminism is currently being translated into Chinese to appear in a Chinese academic publication. Jean Love served as a key moderator for one of the panels.

 

 

Here’s a link to a web page with more information on the conference.

 

 

 


Laura Norris teaches IP and U.S. Startup Law to Italian founders who are in the U.S. taking courses though the Leavey School of Business for the Business Exchange and Student Training (BEST) Fulbright program.

 

 


Last December, Tyler Ochoa gave lectures on U.S. Copyright Law in the LL.M. program in Intellectual Property Law and Media Law at Humboldt University in Berlin, Germany. Prof. Ochoa also attended the 35th annual conference of the International Association for Advancement of Teaching and Research in Intellectual Property (ATRIP), hosted by Jagiellonian University in Krakow, Poland, in June; and a conference on Geographical Indications, sponsored by the International Trademark Association, in Rome, Italy, in December.

 


Francisco Rivera Juaristi participated in two hearings before the Inter-American Commission on Human Rights: one on the human rights to water and sanitation in the U.S., and the other on public debt and human rights in Puerto Rico. He appeared before the City of Mountain View Human Relations Commission to speak in favor of adoption of a Human Rights City resolution, as well as before the Santa Clara County Commission on the Status of Women to support the  adoption of an ordinance that would incorporate the principles set out in the U.N. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

He co-drafted with the International Justice Resource Center an amicus curiae brief in the first case on forced sterilization of women heard before the Inter-American Court of Human Rights. He also taught in the International Studies Certificate Program on Strategic Litigation in Indigenous Rights organized by the Instituto Internacional de Derecho y Sociedad at the Catholic University of Peru.

Prof. Rivera continues to serve as Chair of the Governing Bodies Committee and is a member of the Drafting and Implementing Committees for a civil society coalition that is drafting a new UN treaty on violence against women.

During the summer, Prof. Rivera co-directed the law school’s summer abroad programs in Costa Rica and Geneva.


David Sloss wrote THE DEATH OF TREATY SUPREMACY: AN INVISIBLE CONSTITUTIONAL CHANGE (Oxford University Press) which will be published in fall 2016.

He also wrote the following publications:

  • Incorporation, Federalism, and International Human Rights, in HUMAN RIGHTS AND LEGAL JUDGMENTS: THE AMERICAN STORY, Austin Sarat, ed. (Cambridge University Press, forthcoming 2017)
  • International Law in Domestic Courts, in HANDBOOK ON THE POLITICS OF INTERNATIONAL LAW, Sandholtz and Whytock, eds. (Edward Elgar, forthcoming 2016) (co-authored with Michael Van Alstine)
  • How International Human Rights Transformed the U.S. Constitution, 38 HUMAN RIGHTS QUARTERLY 426 (2016)

Prof. Sloss presented at the University of Vienna (Austria) on June 6, 2016 on The Supremacy of Treaties over State Law. He also visited Israel in July with a group of U.S. law professors, hosted by the Israeli foreign ministry. Met with a wide variety of Israeli government officials, lawyers, judges, academics and others.


Gary Spitko published a chapter in a book addressing arbitration of international trust disputes – A Critique of the American Arbitration Association’s Efforts to Facilitate Arbitration of Internal Trust Disputes, in Arbitration of Internal Trust Disputes: Issues in National and International Law (Oxford University Press 2016) (S.I. Strong, ed.).

 

 


OTHER ACCOMPLISHMENTS

Evangeline-Abriel---Immigration-Appellate-Clinic-Students-Spring-2016

Pictured: Clinical Professor Evangeline Abriel, Clinic students Lizbeth Mateo, Jeff Wang, and Daniel Buffington.

Immigration Appellate Clinic Students in the Spring 2016 Immigration Appellate Practice Clinic filed briefs in two cases before the U.S. Court of Appeals for the Ninth Circuit. In one of the cases, the Court remanded to the Board of Immigration Appeals, based on the Government’s motion. Oral argument on the other case will take place in November 2016. The Spring 2015 Immigration Appellate Practice students obtained favorable results for each of the four clients they represented, either before the Ninth Circuit or though remand to the Board.

We are also delighted to have 5 visiting scholars from China and South Korea with us researching topics such as IP, environmental law, and tax.

 

 


Center for Global Law & Policy Spring 2016 Newsletter

January to April, 2016

Director’s Message

Dear Friends of CGLP,

This issue highlights an amazing conference co-hosted by CGLP, the Journal of International Law and the Center for Social Justice and Public Service. We hope that you will enjoy reading about the symposium as it was a gathering of some great speakers and attended by over 100 people in the audience ranging from high school students to practicing attorneys. Since the topic was “Global Justice for Women, Advancing Equality,” it was appropriate that the symposium took place close to the 20th anniversary of the UN Conference on Women in Beijing. This symposium was a way of carrying the dialogues that started in Beijing forward.

We also highlight a guest visit by Dr. Edward Kwakwa of the World Intellectual Property Organization (WIPO), recent faculty accomplishments, and profiles of two of our students who are doing a semester abroad.

This semester CGLP is busy launching our summer abroad programs. This year, we are again sending about 150 students across the globe for classes in ten countries and internships in 30 locations. We take this opportunity to wish you a happy summer.

Best,

Anna Han

Professor Anna Han
Director
Center for Global Law and Policy


Musimbi Kanyoro speaking at the Symposium

Keynote Speaker Musimbi Kanyoro speaking at the Symposium

Symposium Highlights

February 19, 2016
Global Justice for Women, Advancing Equality

This symposium took a great amount of planning but the payoff was tremendous. After brief welcome remarks by CGLP Director Anna Han and members of the Journal of International Law, Alvin Yu, Editor in Chief and Kendra Livingston, Symposium Editor, the first panel of the morning tackled the difficult issues of human trafficking and immigration. Read more about the Global Justice For Women Symposium.

 

Group photo of event planners

Group photo of student Journal members and speakers

 


Spring Speaker at CGLP: Dr. Edward Kwakwa

Dr. Edward KwakwaOn Tuesday, January 26, 2016 CGLP and the High Tech Law Institute hosted Dr. Edward Kwakwa, Legal Counsel for WIPO, for a fascinating and frank discussion of international intellectual property development before a packed room of students, professors, and members of the community. Dr. Kwakwa’s talk provided fresh and timely insights into the nature of international law making and what can – and can’t – be achieved in today’s world order. Though most in the audience had some familiarity with the domestic debate over current intellectual property (IP) issues, Dr. Kwakwa’s remarks went well beyond US perspectives, informed by his work with WIPO and its 188 contracting states. Dr. Kwakwa also teaches International Intellectual Property to our students as part of the Geneva summer abroad program.

 

 

 


Faculty Highlights

Philip Jimenez continues to work with the National Legal Institute of Mongolia, the Faculty of Law of the National University of Mongolia, and the University of Humanities in establishing the Mongolian Center for Global Rule of Law. He is Special Consultant for developing the Research Center and Graduate Legal Studies Program at the University of Humanities in Ulaan Baatar, the capital city of Mongolia, which will be initiated in September, 2016.

 


Claudia Josi was recently invited to speak as an expert on International Humanitarian Law on a panel discussion at Stanford Law School on “Medical Care Under Fire: International Law in Times of Conflict,” together with Doctors without Borders. She has also published an article in the Law Review N° 75, 2015 of the Catholic University in Lima, Peru on direct democracy. “Direct democracy: What if there is a conflict between the will of the people and fundamental rights?” is a comparative analysis of the legal restrictions of ballot initiatives in Switzerland and California.

 


Brian Love coauthored a forthcoming book chapter on patent litigation in Germany and the UK, and a forthcoming article on patent litigation in China.

 

 

 


Francisco Rivera Juaristi published a book chapter entitled “The Amicus Curiae in the Inter-American Court of Human Rights (1982-2013)”, in The Inter-American Court of Human Rights: Theory and Practice, Present and Future. He also co-authored an amicus curiae brief filed by the International Human Rights Clinic in the case of Ángel Alberto Duque v. Colombia before the Inter-American Court of Human Rights on the issue of discrimination on the basis of sexual orientation.

Professor Juaristi serves as Chair of the Governing Bodies Committee and is a member of the Drafting and Implementing Committees for a civil society coalition that is drafting a new UN treaty on violence against women. He also served as Chair of Santa Clara Law’s 2016 Alexander Prize Committee and Chair of the 2015 U.C. Berkeley Law Brian M. Sax Prize for Excellence in Clinical Advocacy. He spoke at a conference at Stanford Law School about the development of human rights clinics in Europe.


David Sloss has a new book that will be published in 2016 by Oxford University Press. The title is “The Death of Treaty Supremacy: An Invisible Constitutional Change“. He has two law review articles that will be published within the next few weeks: “Taming Madison’s Monster: How to Fix Self-Execution Doctrine”, 2015 Brigham Young Univ. L. Rev. (forthcoming 2016) and “How International Human Rights Transformed the U.S. Constitution”, 38 Human Rights Quarterly (forthcoming, 2016).

He also co-authored a book chapter that will be published later this year. “International Law in Domestic Courts,” in The Politics of International Law (Sandholtz and Whytock eds., forthcoming, 2016) (co-authored with Michael Van Alstine). He was recently elected to serve on the Executive Council for the American Society of International Law and is participating as a member of the International Law Association’s Study Group on the Domestic Application of International Law. The group met in Heidelberg, Germany, in November, 2015, where he contributed a paper for the conference.


William Woodward
The Business Law Section of the ABA has embarked on a project that will create contract provisions to prohibit human trafficking and other human rights abuses in international supply contracts, where the governing law will be the UCC or the Convention on the International Sale of Goods. The project is potentially enormous. The first steps will be to narrow the work to one or two industries (e.g., textiles or electronics), learn what kinds of contract provisions are currently in place in the selected industries, cull the best of them, draft (or redraft) provisions that can be used in the contracts of others in that economic segment (with commentary on how to use them), and offer them for use within the selected industries. Professor Woodward’s job will be “reporter” for the project. This entails capturing the sense of the group and attempting to draft contract provisions and instructions that will implement the group’s views.


Featured Semester Abroad Students

 

Hue chi WongHuechi Wong
Law Firm: MWE China Law Offices
Location: Shanghai, China

I began my international law journey as a 1L taking summer classes in Shanghai through SCU’s study abroad program. As part of the program, I interned at one of China’s premier law firms, Jun He, in Guangzhou. Read more.

Sabeena Bali-Dingra Sabeena Bali-Dingra
Organization: World Health Organization
Location: Geneva, Switzerland

This spring, I am externing at the Headquarters of the World Health Organization (WHO), a specialized agency of the United Nations. Only one treaty has been negotiated under the auspices of WHO, but it was ratified into force by 180 Member States, making it one of the most embraced treaties in the history of the United Nations. Read more.

 

For more information on the Center for Global Law & Policy at Santa Clara Law, please visit our website.


Center for Global Law & Policy Fall 2015 Newsletter

June – September, 2015

Director’s Message

Dear Friends of CGLP,

Anna HanIt is with great pleasure that I send you our Fall newsletter, which highlights of yet another year of our amazing summer study abroad programs. We ran ten programs this summer which taught classes to 122 students and placed 53 of them in 18 locations worldwide for internships. These students worked in international law firms, UN organizations, NGOs, courts and major local law firms.

The overall feedback indicated that the students learned and benefited tremendously from participating in these programs and internships. “Life changing” was an often used phrase in the evaluations. Each of our directors put together a little summary in his or her own words and I hope that you will get a flavor of the breadth as well as depth of our offerings from these summaries.

Our faculty have also been busy writing, speaking and otherwise contributing to the international law discourse. Highlights of some of their accomplishments are noted below.

The date and topic for the annual symposium co-sponsored with our Journal of International Law has been set. The symposium entitled “Global Justice for Women: Advancing Equality” will take place here at Santa Clara on February 19, 2016. Please mark that on your calendar and join us if you can

I am delighted also to announce that we have now hired Carly Koebel as the Program Manager and Beverly Dale as the Managing Director for our Center. They have both started and taken over the various duties to keep our summer programs going as well as the many other Center activities. I welcome them aboard and look forward to working with them in the coming year.

Best,

Professor Anna Han
Director
Center for Global Law and Policy


Summer Abroad Programs

Costa Rica 2015Costa Rica 2015 – Claudia Josi

With 20 amazing students enrolled, and nine students doing internships, this year’s Costa Rica Program was one of the best we’ve ever had! From field trips to rural areas to discuss water contamination problems to lectures from the regional director of the Office of the United Nations High Commissioner for Refugees, students were constantly engaged and immersed in some of the most pressing human rights problems in this region. We also recorded a promotional video that highlights the Costa Rica program.

 

 

 

 

 

 

 


Geneva 2015Geneva 2015 – Francisco Rivera Juaristi

Record-breaking temperatures made this year’s Geneva Program one to remember. Thirteen sweaty students visited the headquarters of the United Nations, the International Committee for the Red Cross, the World Intellectual Property Organization, and the World Health Organization, among others. Sarah Cleveland, a former U.S. State Department official and an independent expert to the U.N. Human Rights Committee, took the time to answer students’ questions about the role of international human rights law in U.S. policy, and inspired students to consider careers in international law. Delicious Swiss ice cream and air-conditioned Swiss public transportation were also highlights of this year’s hot and exciting program.

 

 

 

 

 

 

 


The Hague 2015The Hague 2015 – Ellen Kreitzberg

The Summer of 2015 provided another interesting and informative visit to The Hague where students were able to learn about the various international criminal courts and tribunals by watching trials, meeting with court personnel, and discussing a myriad of significant issues of law and ethics involved in the process of international justice. Because of our many alums who work in The Hague in internships or in full time positions, the Santa Clara program has unique access not just to the courts but to meetings with the judges, prosecutors, and defense counsel who work in the various tribunals

This summer, students visited the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Court, (ICC), the Special Tribunal for Lebanon (STL) and the International Court of Justice (ICJ) or the Peace Palace as it is known in Europe.

The ICTY, the first of the tribunals to be established in The Hague, is winding down its multi-decade existence with the completion of its last trial. This tribunal investigated and prosecuted individuals involved with genocide and atrocities in the 1990’s in many regions of the former Yugoslavia. Students were able to meet with both prosecutors and defense counsels who have been with the tribunal since its inception to learn about how these war crimes were identified, investigated, and ultimately presented at trial.

At the Peace Palace, Judge Joan Donoghue engaged the students in an analysis and discussion of how to measure the success of the various tribunals and challenged them to define the meaning of “justice” as it should apply in cases of genocide and mass murders.

SCU alum Elizabeth Little, once again hosted the SCU program at the ICC over three full days. Students met with prosecutors, defense counsel, judges, and representatives from the victim/witness unit. One of the most engaging lectures was when students met with one of the court translators and learned how fundamental this position is to assuring that defendants are able to receive a fair trial. Students also learned about the constant tension between the use of a civil versus a common law tradition in the International Courts and how the Court struggles with finding the right balance between the two systems.

Finally, students were able to observe several proceedings at the newest tribunal, the STL. Cloaked in the highest level of security, students listened to complex testimony concerning electronic tracking and identification as the prosecutor attempted to construct a case of circumstantial evidence based largely on cell phone technology. Students also debated a controversial procedure at the STL that conducts the trial in the absence of the charged defendants. In so doing, students engaged in discussions involving both legal and ethical concerns with this process and also reexamined the meaning of justice.

 


Istanbul 2015Istanbul 2015 – W. David Ball

Istanbul is a world-class city in the heart of a dynamic and growing region, and this past summer we enjoyed another excellent session as students learned about business concerns and business law from practitioners and academics. Students were exposed to the nuts and bolts of cross-border M&A, project finance, and joint ventures from lawyers who work for international firms in Turkey and the Middle East. These presentations was supplemented by  academics from Turkey and Santa Clara who gave important legal background on how legal doctrines are harmonized (and synthesized) among countries with different legal regimes. It wasn’t all work and no play, however–students enjoyed wandering Istanbul’s amazingly picturesque streets, visiting the Blue Mosque and Aya Sofya in the Sultanamet, visiting global law firms in glittering high rise office buildings, going to the beach on the Prince’s Islands, hearing about the role of lawyers in public society at the Istanbul Bar Association, and taking ferries across the Bosporus from Europe to Asia.

 


Munich 2015 – Tyler Ochoa & Michael Flynn

Munich 2015Santa Clara law students in our Munich program this year were joined by students from schools around the country (Loyola of Los Angeles, Nevada-Las Vegas, William Mitchell, Cal Western, and Charlotte Law School), The students learned about European Intellectual Property Law and were able to travel around the continent on weekends/ We took the students on field trips to the European Patent Office, where they observed an oral proceeding in a post-grant opposition to a patent; and to BMW, where they heard a lecture on BMW’s protection of intellectual property, and a factory tour. We also had a social outing to Herrenchiemsee, one of King Ludwig II’s three palaces. Four of the students were placed in internships with local law firms and patent firms. We look forward to having an equally diverse group of students join us in Munich next year!

 


Oxford 2015Oxford 2015 – Gary Neustadter

The Oxford program just enjoyed yet another successful summer. We had students from various law schools in  attendance, including law schools from both coasts. The students took tutorials in such courses as “International Environmental Law,” “Transitional Justice,” and “Comparative Property Law.” The tutors were fellows of various Oxford and other U.K. colleges who had students prepare and defend papers on various aspects of the law. It is a challenging and pedagogically rewarding experience. Various Oxford fellows also provided seminars on critical topics like refugee law and the law of armed conflict. These seminar topics were particularly important given the recent events in countries such as Syria.

We also took a full day trip to see “Legal London.” An English solicitor, Ms. Joanne Lee, took the group to the U.K. Supreme Court, where we had an opportunity to observe oral arguments. She led a tour through all the Inns of Court in London, commenting on the history of these institutions and their importance in English legal history. In addition, we had the opportunity to tour the Oxford courts and watch a criminal trial. The Oxford program is a nice blend of the theoretical and practical aspects of law –with time for some relaxing activities too.

 


Shanghai 2015Shanghai 2015 – Deep Gulasekaram

The 2015 Shanghai Summer Program was by all accounts, yet again, an amazing experience for students from SCU Law and other schools around the country. Classes took place in the modern and recently opened KoGuan law school building at Jiao Tong University, where our U.S.-based group met law students from Germany and France who were also learning about legal practice in China.

After two weeks of instruction with legal experts at Jiao Tong on topics like Chinese intellectual property law, foreign investment, competition law, constitutional law, and business law, students attended a third week of classes with attorneys from major law firms in Shanghai. Visiting offices in buildings that make up Shanghai’s now-iconic skyline, students got the practitioner’s perspective on patent litigation, employment law, venture funding, and representing foreign companies. Our class learning was supplemented with a few educational (but fun) field trips. We witnessed a contract dispute trial at the beautiful Minhang District Courthouse. At Intel Corp., our meeting with the Intel’s General Counsel ended with a presentation from the software engineering group showcasing their latest (and still unreleased) computer gaming technology and applications. We also took a weekend trip to a historic “water town” of Xitang (which some of the students recognized as the location for scenes from Mission Impossible: III, with Tom Cruise running across bridges and tunnels in a quaint Chinese town). Beyond that, students had a great time sampling Shanghai’s food and nightlife. We made several trips as a group to eat soup dumplings and hot pot, and eat at various holes-in-the-wall in an attempt to determine the best cheap noodle spots in the city. Overall, Santa Clara Law enjoyed another successful year for the Shanghai program, and all signs show that the program participants would certainly recommend the experience to interested students.

 


Sydney 2015Sydney 2015 – Evangeline Abriel

In the Sydney, Australia 2015 program, students examined a topic of critical importance around the world – the ways in which the United Nations and individual countries address the situation of people seeking refuge. The program also offered students an extraordinary opportunity to speak with Australian judges and lawyers and to observe Australian legal proceedings. Highlights included observing a hearing in Federal Circuit Court in the case of a family denied a visa because of their son’s development disability and then discussing the hearing over tea in chambers with the presiding judge, the Honorable Justin Smith. Other highlights included speaking with Solicitor Jeremy Styles at the Aboriginal Legal Services Office, observing trials in the Criminal District Court of New South Wales with Barrister John Bowers, and a visit to the Australian Human Rights Commission. On the lighter side, we made time for a Saturday trip to the Blue Mountains and for petting wombats, quokkas, and koalas at the Featherdale Wildlife Park!

 


Tokyo 2015Tokyo 2015 – Philip Jimenez

As in the past, students attended classes during the first three weeks of the program in Tokyo. The eminent Japanese professors who lectured during those weeks are some of the most highly celebrated scholars and lawyers in the country. Santa Clara Law’s long history in Japan allows for access to the very top of that legal community. The program directors have chosen the faculty carefully.

Students were provided accommodations at the Asia Center of Japan, centrally located and a short walk or subway ride to any destination in Tokyo. Classrooms were located in the same building, as were  cafeteria facilities offering good food at reasonable prices.

Visits were arranged at the National Diet (parliament), the Supreme Court, the National Patent Office and many other important institutions. At each visit comprehensive presentations related the history, functions and current agenda of Japan’s government.

Students were introduced to the city as the directors hosted them to dinners and sightseeing in small groups. During these outings, care was taken to discuss various aspects of the culture, the expectation of courtesy, discipline, formality and respect. Most of the students described the two months of the program as “life-changing,” as they reflected on their experience, from serenity of the Sensoji Temple in Asakusa by night, to the crush of commuter humanity on the Marunouchi Metro line by day.

While most students elected to stay in Tokyo for internships at top Tokyo law firms, others elected to intern in Seoul, South Korea. Placements were arranged in globally recognized firms, giving students a first-hand glimpse of life in the fast lane. This high-tech urban behemoth introduces to the 21st Century as no other city can. In both cities, students receive guidance and advice from the many SCU alums working there in top positions.

Now back in school, our SCU student has found that prospective employers have been very interested to hear of his experience at a firm in Tokyo. It is clear that the letter of recommendation from his highly –regarded Sensei impresses.

 


Vienna 2015 2015 Vienna – Jiri Toman

Among the many summer programs at Santa Clara University School of Law, only one covers the new supra regional law created by the European Union. U.S. cooperation with the EU is based on the Transatlantic Declaration of 1990 and the New Transatlantic Agenda (NTA), adopted in 1995. This cooperation, which has been gradually deepened and broadened, takes place on many levels and includes summit meetings at the level of heads of state and government between the U.S., the European Commission and the country holding the EU Presidency. Development of the economic and business relations requires the basic knowledge of the laws governing these relations on both sides of the Atlantic Ocean. The aim of our program is to provide a basic understanding of the European Union law. Our program also benefit from the close cooperation with the Vienna University School of Law (Juridicum) and is grateful  for the facilities provided by Austrian authorities.

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Center Activities

Thomas D. GrantOn September 9, CGLP had the honor of hosting Thomas D. Grant, Senior Research Fellow of the Wolfson College and Senior Associate of the Lauterpacht Center for International Law at the University of Cambridge, UK. Professor Grant spoke about his book, Aggression against Ukraine: Territory, Responsibility and International Law.

We are also delighted to have 5 visiting scholars from China and South Korea with us researching topics such as IP, environmental law, and tax.


Faculty Updates

Art Gemmel Art Gemmel‘s article: “Culture: The Oft Forgotten Ingredient For A Successful International M&A Transactio”” was published in Corporate Disputes, Jul-Sep 2015.

 

 

 


Eric Goldman spoke at this event in Korea.
View Eric Goldman’s Korea photo album

 

 

 


Anna Han spoke to a group of high level Chinese government officials hosted by the International Academy of Trial Lawyers on the topic of how to improve US-China relations in San Jose in May.

She also spoke on a panel hosted by the Women Intellectual Property Law Association on August 26 entitled “Cross Border Licensing issues.”

She attended the Northern California International Law Scholars conference at UC Davis on August 28 and served as a commentator on a paper titled “The China Effect” by Jerome Hsiang.

She appeared on KQED’s Newsroom and Forum programs discussing the issues that would be addressed between US and China during President Xi’s visit.
China’s President Arrives in U.S. to Talk Cybercrime, Trade and the Environment

She was a co-panelist on September 23 with the Honorable Erica Yew, Judge for the Superior Court of California, County of Santa Clara; Joan Haratani, Partner at Morgan Lewis and Winifred Kao, Litigation Director at the Asian Law Caucus. The event was the 2nd Annual Female API Trailblazer Conversation sponsored by APABA-SV Women In Law Committee.


Philip Jimenez attended and gave a short talk at the 80th Anniversary Celebration of the Roerich Peace Pact, hosted by the Roerich-Bira Foundation in Ulaan Baatar, Mongolia. Diplomats from Russia, Belarus, People’s’ Republic of China, South Korea, and India were in attendance.

 

 

 


Francisco Rivera Juaristi published an article on international litigation and advocacy options to address the right to inclusive education of children with disabilities.

He submitted a brief in view of the preparation by the U.N. Human Rights Committee of the General Comment on Article 6 (Right to life) of the International Covenant on Civil and Political Rights.

He was appointed Advisory Board member of Everywoman Everywhere, a coalition that supports a new binding UN treaty on violence against women.

He moderated a workshop on human rights clinics at the 2015 AALS Conference on Clinical Education.

He spoke at a panel at the Bringing Human Rights Home Lawyers’ Network’s Annual Human Rights in the U.S. Symposium/CLE at Columbia Law School on effective engagement with the Inter-American Human Rights System.

He co-authored and released the International Human Rights Clinic’s report “The Inter-American Human Rights System and Violence Against Women; Norms, Compliance Mechanisms, Jurisprudence, Implementation, Lessons Learned, and Recommendations”.


David Sloss gave a lecture at Victoria University of Wellington (in Wellington, New Zealand) in June. He also taught a one-week intensive course in the LLM program at the University of Melbourne (in Melbourne, Australia).

He co-authored a book chapter on International Law in Domestic Courts with Professor Michael Van Alstine (University of Maryland) that will be published in a forthcoming volume entitled Handbook on the Politics of International Law.

He wrote an article entitled “Taming Madison’s Monster: How to Fix Self-Execution Doctrine’, which will be published later this year in Brigham Young University Law Review.

Finally, he continues to work on his forthcoming book entitled Invisible Constitutional Transformation: The Silent Death of the Constitution’s Treaty Supremacy Rule. The book is slated for publication by Oxford University Press in 2016.


For more information on the Center for Global Law & Policy at Santa Clara Law, please visit our website.


Center for Global Law & Policy Spring 2015 Newsletter

January – May 2015

Director’s Message

Dear Friends of CGLP,

Anna HanThis issue of the newsletter highlights our very successful annual Symposium “Critical Global Business Issues: When theory meets practice” held on February 6 and 7, co-sponsored by the CGLP and the Journal of International Law at Santa Clara. We covered a host of topics that impact companies doing business globally. We were honored to have Ambassador Richard Boucher, former Deputy Secretary General of OECD as our keynote.

The symposium covered topics in Antitrust, Export Control, FCPA, Labor and Employment, Corporate responsibility and Privacy and about 100 people attended on Friday. A smaller but nevertheless active group attended on Saturday amidst rain. Alas, the last we saw of any real rain in the Bay Area.

The newsletter below highlights some of the speakers and topics. On each panel, one or more of the speakers wrote articles on their topics. These articles will be featured in the next symposium issue of the Journal of International Law.

Right now, we are busy launching our summer study abroad programs. This year, we have about 130 students going to many different countries for classes and internships.

I also wanted announce that after many years of service, both Monica Davis and Vinita Bali have moved on to new positions. We thank them for their amazing service and wish them well. I am fortunate that Professor Claudia Josi is temporarily taking Vinita’s duties and I have the able assistance of Zsea Beaumonis, who is taking over Monica’s duties.

Best,

Professor Anna Han
Director
Center for Global Law and Policy


Symposium Highlights

The morning of February 6 started out with a series of welcomes. Dean Lisa Kloppenberg and Anna Han, Director, Santa Clara Center for Global Law and Policy started by welcoming our guests and thanked the student editors. In particular, Lara Bahr, Editor-in-Chief, Santa Clara Journal of International Law Jessica Mawrence, Sr. Symposium Editor, and Ralitza Dineva, Managing Editor were present and a major part of organizing the symposium.

The first panel was a lively interactive discussion on Export Control, moderated by Professor Philip Jimenez. On the panel were: Stanley J. Marcuss a Partner at Bryan Cave; Jonathan C. Poling, a Partner at Akin Gump; James Bartlett, Founder of James E. Bartlett III, PLLC; and John McKenzie, a Partner at Baker & McKenzie in San Francisco. The panelists proposed some novel suggestions on how the entire system of export control could be improved or revamped. A lively debate ensued with great audience participation.

The second panel covered antitrust issues and was moderated by Professor Donald Polden. The panelists were Doug Melamed, former VP & Sr. Corporate Counsel at Intel and now a professor at Stanford; Thomas J. Horton, Associate Professor at South Dakota Law School; and Daniel C.K. Chow, the Bazler Chair in Business Law at Ohio State University School of Law. The discussion centered on possible reforms of the antitrust review system, antitrust review in China and what businesses should be aware of when seeking antitrust reviews around the world. Some very innovative suggestions were made and triggered a great deal of audience responses.

Ambassador Richard BoucherOur lunch time keynote speaker, Ambassador Richard Boucher, urged the attendees of the conference to keep formulating standards of conduct for international businesses and meeting the demands of an exploding middle-class for fairness and efficiency. He also described how the works of OECD, where he served many years as Deputy Secretary-General, are at the forefront of these efforts.

Our panel after lunch was on the Foreign Corrupt Practices Act, moderated by Professor Anna Han. Panelists were Mary Doyle, Founder of Compleon Legal Advisory; Mike Koehler, Professor at Southern Illinois University School of Law; H. Lowell Brown, former Assistant General Counsel at Northrop Grumman Corporation; Lucinda Low, Partner at Steptoe & Johnson; and Jason Chang, Associate with DLA Piper in Beijing. The panelists provided an overview of recent enforcement trends and warned of the various ways in which a company can inadvertently violate the Act. Ms. Doyle explained how to structure an effective compliance program and Mr. Chang informed the audience about China’s own internal anti-corruption campaign and how that impacts multi-nationals needing to comply with both sets of rules.

2015 Journal of International Law Symposium audienceOur last panel on Friday was on Corporate Social Responsibility moderated by Professor Vinita Bali. The speakers were: David Yosifon, Professor at Santa Clara Law; Larry Backer, Professor at Pennsylvania State University Law School; Rachel Anderson, Professor at the University of Las Vegas Law School; and Lan Cao, Professor at Chapman University School of Law. Each of the panelists presented fascinating topics starting with Professor Yosifon’s provocative “Is Corporate Patriotism a Virtue?”, which explored whether patriotism is a part of corporate social responsibility.

After the panels, speakers and audience enjoyed a social mixer over wine and hor d’oeuvres. Bright and early, the first panel on Saturday, was on Labor & Employment issues, a subject very critical to global businesses. Professor David Sloss moderated. Daniel Rabago, Associate General Counsel & Sr. Director of General Legal Affairs, Lam Research Corp; Donald C. Dowling, Jr., Partner at K&L Gates; and Susan Eandi, Partner at Baker & McKenzie spoke on the difficulties of complying with a myriad of local laws while still adhering to US requirements. Each were knowledgeable and informative and the very specific questions showed great audience attention to this subject.

We concluded the symposium with two of the hottest issues around: Privacy & Cyber-security. Professor Helen Christakos moderated. The panel included Ruby Zefo, Vice President, Chief Privacy & Security Counsel, Intel; Sheila FitzPatrick; President and Founder, FitzPatrick & Associates; Catherine Lotrionte, Director of the Institute for Law, Science and Global Security at Georgetown University; and Lauren Gelman, Founder of BlurryEdge Strategies. The issues raised covered everything from wearable technology and their implication for privacy to how to deal with cyber security breaches, and were a wonderful way to end the conference.

One attorney from the audience commented afterwards that “this was a world class conference.” We want to thank all the speakers, audience, staff and students who made this possible.


Faculty Updates

Art Gemmel, Law Lecturer, moderated the Golden Gate School of Law Fulbright Symposium, “Adopting to a Rapidly Changing World.” He also spoke at the ABA Business Law Spring Meeting in San Francisco. His topic was “The Importance of Culture in Designing International M&A Dispute Processes” and his article entitled, “Culture as a Success Factor in International M&A Dispute Resolution Processes” has been accepted for publication by The Dispute Resolution Journal.


Evangeline Abriel is the co-author with Sally Kinoshita of VAWA Manual: Immigration Relief for Abused Immigrants. The book was published in October 2014.

 


On January 6, 2015, Tyler Ochoa spoke on “Public Performance Rights in Pre-1972 Sound Recordings in the United States” at the Annual Congress of the International Intellectual Property Law Association in Dubai.  His blog post also addresses this topic.

 

 


Eric Goldman published an article in a Taiwanese publication titled “How the DMCA’s Online Copyright Safe Harbor Failed.” It can be found in 3 NTUT J. of Intell. Prop. L. & Mgmt. 195 (2014), Santa Clara Univ. Legal Studies Research Paper No. 7-15.

 

 


Philip Jimenez organized and presented, with the National Law Institute of Mongolia, Conference in Ulaan Baatar. “Human Rights-Based Environmental Legislation”. The primary speaker was Professor Dinah Shelton. June, 2014. He presented a lecture at Seoul National University School of Law, “Negotiating Technology Licensing Agreements with Americans” in October, 2014. He also directed the SCU Summer Abroad Program in Tokyo and Seoul.

 


Laura Norris was asked by the business school to teach Italian startup founders about startup and IP law in the U.S. as part of the Fulbright Italian BEST program, a diplomatic program where Italian startups receive scholarship money to attend U.S. entrepreneurship educational programs at Universities, and work at an internship with a startup. She also served as a mentor in the U.S. State Department’s Techwomen Program, a program that pairs U.S women in tech with women in STEM professions in Africa, Central Asia, and the Middle East.  She mentored Marie Claire Murakatete, a software engineer from Rwanda, for the month of October 2014 while she was working at an internship at Calix.


Michelle Oberman received a $4500 grant for her project entitled “What’s Law Got to Do with It? Travels through the Abortion War.” This project is grounded in the comparative examination of distinct cultural/legal approaches to the regulation of abortion. The project will fund travel to El Salvador to perform research, support teaching on this subject at Santa Clara University, and ultimately result in a book.

 


Donald Polden made a presentation to the Faculty of Law and graduate students at University College Dublin on leadership education of lawyers and law students in March. He continued his research into law firm hiring and talent management practices in visits with barristers and solicitors at A&L Goodbody, Ireland’s largest law firm.

 


Francisco Rivera Juaristi spoke at a disability rights conference in Puerto Rico (November 7, 2014) and published an article in ILSA Quarterly titled Study Abroad Programs: Why You Should Consider Them (December, 2014). He submitted The Amicus Curiae in the Inter-American Court of Human Rights (1982-2013), to be published as a book chapter in 35 Years of the Inter-American Court of Human Rights. He participated in a joint press conference with the President of the Costa Rican National Assembly that highlighted the International Human Rights Clinic’s work before the Inter-American Commission on Human Rights on the issue of the right to water in rural communities in Costa Rica (March 2, 2015) and participated in local radio show in Puerto Rico to discuss a historic hearing before the Inter-American Commission on Human Rights (March 7, 2015). In March, he moderated a panel discussion at American University, Washington College of Law, which addressed the general human rights situation in Puerto Rico. He appeared before the Inter-American Commission on Human Rights to address the issue of contamination of water sources of rural communities in Costa Rica by agrochemicals used in the pineapple industry.

He was selected as a Committee Member of the UC Berkeley School of Law Sax Prize for Excellence in Clinical Advocacy. Along with two IHRC students and Britton Schwartz, he presented to the Carr Center for Human Rights Policy at Harvard University the Clinic’s research findings on violence against women in the Americas.


Margaret Russell presented a paper in May on Exoneration and Forgiveness in Dubrovnik, Croatia at the 8th Global Conference on Forgiveness. She also was a member of a delegation representing Santa Clara University at the 25th Anniversary Commemoration of the UCA Martyrs in San Salvador, El Salvador in 2014.

 

 


David Sloss has worked on several publications over the past few months:

He continues to work on his forthcoming book, Invisible Constitutional Transformation: The Silent Death of the Constitution’s Treaty Supremacy Rule, which is slated for publication with Oxford University Press in 2016.

He wrote an article entitled How International Human Rights Transformed the U.S. Constitution, which will be published in 2015 in Human Rights Quarterly.

He wrote an article entitled Bond v. United States: Choosing the Lesser of Two Evils, published in Notre Dame Law Review in 2015.

He attended a symposium at Brigham Young University in January 2015, and is writing an article entitled What Are Non-Self-Executing Declarations, which will be published in the BYU Law Review in 2015.

Professor Sloss also served on the program committee for the annual meeting of the American Society of International Law, held in Washington, D.C. in April 2015. He also gave a lecture at the University of North Carolina School of Law in March 2015, where he presented a chapter from his forthcoming book.


Tseming Yang delivered a keynote speech: “The US System of Environmental Information Disclosure and its Role in Encouraging Public Participation,” International Conference on Sustainable Development and Public Participation, Zhejiang University School of Public Policy, Hangzhou, China (June 23-24, 2014).

He also served on a panel: “Understanding Green Regulations and Standards: Navigating Country Requirements from the EU to China,” at “Discover Global Markets:  Sustainable Solutions,” US Commercial Service, US Department of Commerce, Santa Clara, CA (Feb. 9-11) as well as on a panel: “The Road to Paris – China and the Upcoming Climate Negotiations,” China-US Energy Efficiency Alliance, San Francisco, CA (April 22, 2015).

He also published the following works:

“The 2014 Revisions to China’s Environmental Protection Law,” RISK DIALOGUE MAGAZINE (Swiss Re Centre for Global Dialogue, 2014).

Symposium Introduction (2014 Santa Clara Journal of International Law Symposium on The Environment and Human Rights), forthcoming 13 SANTA CLARA J. INT. L. 1 (2015).

The Minamata Convention and the Future of Multilateral Environmental Agreements, 45 ENV. L. REP. 10064 (Jan. 2015).

“We the People” in China: Environmental Petitioning and Public Participation in Environmental Enforcement, (book chapter) in LEE PADDOCK ET AL. (EDS.), NEXT GENERATION COMPLIANCE (Environmental Law Institute 2014).

The Relationship Between Domestic and International Environmental Law, in MARTELLA R AND GROSKO B (EDS.) INTERNATIONAL ENVIRONMENTAL LAW: THE PRACTITIONER’S GUIDE TO THE LAWS OF THE PLANET (American Bar Association 2014). The Top 10 Trends in International Environmental Law, in MARTELLA R AND GROSKO B (EDS.) INTERNATIONAL ENVIRONMENTAL LAW: THE PRACTITIONER’S GUIDE TO THE LAWS OF THE PLANET (American Bar Association 2014)


David Yosifon contributed an article titled “Is Corporate Patriotism a Virtue?” to the JIL symposium on International Business: Where Theory Meets Practice.  The draft can be found here. He also produced a podcast on “Corporate Tax Ethics,” which examined international corporate tax arbitrage. See episode 12 of the Corporate Social Responsibility Podcast.

 

 


CGLP Recent Activities

Neil PopovicOn February 26, 2015 Neil A.F. Popović, a partner at Sheppard Mullin Richter & Hampton LLP, spoke about the multitude of cases resulting from the sovereign debts of Argentina and his personal involvement in the cases. It was very timely as just days before, both Argentina and the Exchange Bondholders Group filed petitions for writs of certiorari with the Supreme Court, seeking review of the Second Circuit’s rulings in the pari passu litigation.

 


Jacques CouvasOn March 18, 2015, we hosted Professor Jacques Couvas from Belkent Faculty of Business Administration in Ankara, Turkey. He gave a talk titled: “A Litmus Test for European Democracy in 2015: Preserving Individual [and Institutional] Freedoms While Fighting Terrorism.” He spoke about the emerging tension between the European Court of Justice and the Council of Europe with respect to the EU’s plans for official adherence to the European Charter of Human Rights.

 


Almudena2.jpg On April 16, 2015, CGLP was honored to host Almudena Bernabeu, the lead prosecutor who brought charges against Salvadoran officials for the massacre of Jesuit priests in 1989.


 

Other Accomplishments

Immigration Appellate Practice Clinic Spring 2015 SCU’s Immigration Appellate Practice Clinic filed opening briefs in four cases before the U.S. Court of Appeals for the Ninth Circuit, as appointed counsel for petitioners seeking review of removal orders.

SCU is happy to welcome Professor Shuang (Susan) Zhao as a visiting scholar, in residence. Professor Zhao is an expert in environmental law and is from Southwest University of Political Science and Law in Chongqing, China.

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Center for Global Law & Policy Fall 2014 Newsletter

June – September 2014

Director’s Message

Dear Friends of CGLP,

This issue focuses on Santa Clara Law’s very successful and enriching summer programs in 2014. This past summer, 144 students from all over the US and Canada went abroad to 23 different countries to study and work at various firms, NGOs and international institutions. They gained knowledge and work experiences that are unique and often life changing. Yes, as some of the photos will attest, they also had fun. The programs’ success is largely attributable to Vinita Bali and Monica Davis and I want to thank them for their efforts.

Our faculty has also been busy writing and speaking, and some of their accomplishments are highlighted below as well.

We here at the CGLP are now busy focusing on our annual symposium, co-sponsored with the Journal of International Law, scheduled for February 6 and 7, 2015. The title is “Critical Global Business Issues: When theory meets practice”.  We have invited leading scholars as well as many practicing lawyers, Silicon Valley in-house counsels, and firm partners to present on legal issues faced by companies doing business internationally. We think an exchange of ideas between them will be exciting and well worth attending. Our panels will cover topics on FCPA, Export Control, Privacy, Antitrust, Labor and Employment, and Corporate Responsibility. Please save the dates.

Best,

Professor Anna Han
Director
Center for Global Law and Policy

 


Summer Abroad Programs

Costa Rica 2014 – Francisco Rivera Juaristi and Claudia Josi

In this year’s Costa Rica Summer Abroad Program, students talked to union members who are suffering labor rights violations in banana and pineapple plantations, met with rural communities who lack basic access to clean water, travelled by boat through territories of indigenous peoples, participated in a hearing before the Inter-American Court of Human Rights, learned about international human rights law from experts in the field, and enjoyed the beautiful nature and adventures that Costa Rica has to offer. After completing a three-week intensive course on human rights, several students gained meaningful work experience by interning in places like the United Nations High Commissioner for Refugees, a local environmental NGO, a regional human rights organization, the Costa Rican Ombudsman’s Office, an independent environmental lawyer, a refugee services organization, and the Inter-American Institute of Human Rights. Overall, the program was a great success and we are very much looking forward to doing it again next year.

Costa Rica Summer Abroad

Costa Rica Summer Abroad


2014 Geneva Program – Vinita Bali

The 2014 Geneva program was, in one word, more.  More fun, more visits, more work, more exhausting, more invigorating, more in just about every aspect than originally anticipated.  It was an incredible summer from start to finish.

Visiting the birthplace of international human rights is an experience in itself.  To get an insider’s view of the various UN and international organizations headquartered in Geneva, and to hear lectures offered by world-renowned authorities, is an unparalleled privilege.  Our month-long program started with a personalized and fascinating tour through the library archives and collections. During the tour, we learned a little-publicized fact: in 1927, John D. Rockefeller, Jr. contributed a king’s ransom, two million dollars, to endow this library. The library has grown to be one of the richest collections in Europe in the fields of legal, social, and political sciences, as well as on all areas of UN work.

From being hosted at the World Trade Organization by the Chair of the Appellate Body, Ricardo Ramírez-Hernández, to attending a county hearing of the Human Rights Committee, the month offered an unparalleled range of educational opportunities

We also had some special visitors to the program this summer.  The Chief Justice Rebecca Berch of the Arizona Supreme Court, and Dean Lisa Kloppenberg visited our program, enriching our classroom discussion and debate on world intellectual property issues.

No description of the Geneva program is complete without mention of the beautiful mountains surrounding this very international city.  Frequent sightings of cows and mountain goats, wild mushrooms, and truffles at farmer’s markets, the Matterhorn and Mont Blanc in the Alps, were just some of the special memories we carried back of this incredible summer in Geneva, Switzerland.

Geneva Summer Abroad Sébastien Vernay of the UN Library explains the new archival process to preserve historic documents Geneva Summer Abroad Chief Justice Rebecca Berch of the Arizona Supreme Court and Santa Clara Law Dean Lisa Kloppenberg engage the students in a debate on international intellectual property. The class was taught by Edward Kwakwa, Legal Counsel at the World Intellectual Property Organization. Geneva Summer Abroad Reception at the renowned Hotel Beau Rivage where our students and alumni got the opportunity to chat with dignitaries from several international organizations.

The Hague 2014 – Anna M. Han

This summer, 18 students and Professor Han observed some of the most fascinating aspects of international criminal law system. Elizabeth Little, an SCU alumna currently working in chambers, hosted us at the International Criminal Court. Ms. Little arranged for judges, prosecutors and interpreters to speak to the group after we watched taped parts of the Germain Katanga testimony. The speakers shared their personal and professional experiences at the ICC and discussed how it dispenses justice.

At the International Criminal Tribunal for the former Yugoslavia, Peter McCloskey, an SCU alumnus, and his capable interns arranged a series of briefings about the history and the accomplishments of the tribunal. We were able to observe live testimony during the trial of Ratko Mladic for war crimes, crimes against humanity, and genocide.  It was fascinating to watch the intricate combination of civil law and common law procedures in action.  The scope and volume of work of the trials are truly impressive. Justice Kwon of the ICTY and SCU alumna, Christine Keller spoke to us about the evolution of the procedures at the ICTY. Alan Tieger, another SCU alumnus, also addressed our group. One Dutch lawyer commented, “There are more SCU grads at the ICTY than there are Dutch lawyers.”

The students also visited the Special Tribunal of Lebanon and the International Court of Justice. All in all, they learned a great deal and their papers reflect a deep understanding of the importance of these trials and the amazing undertaking by many nations to dispense international justice. The weather in The Hague was sunny and beautiful, and some locals even credited us with bringing California sunshine with us! We were all impressed with the efficient public transportation system and grateful for the hospitality that we received.

Summer Abroad in The Hague

Summer Abroad in The Hague


Hong Kong 2014 – Karin Carter

Seven students from law schools around the US took part in this summer’s Santa Clara Program in Hong Kong. The program includes a classroom portion offered with time split between Hong Kong and Shanghai, and features an overview of financial, commercial, and business law issues taught by noted local practitioners, along with site visits to key legal institutions, including the High Court of Hong Kong. Following the classroom portion, students have the opportunity to experience the legal culture for the remainder of the summer in one of a variety of internship placements, where students can apply the legal principles learned in the classroom portion, gain valuable practice skills, and become familiar with another culture.

As one of the world’s leading financial centers, Hong Kong is an exciting place to spend a summer internship in a legal setting and make connections with the very close-knit legal and financial community. Hong Kong is also a travel hub from which students can explore parts of Asia on weekends, or following their program. The students who attended this summer’s program were able to begin preparing for a career in international business while also experiencing the best of Hong Kong’s world-famous cultural sights, nightlife, and international cuisine.

Hong Kong Summer Abroad


Istanbul 2014 – W. David Ball

We had an amazing summer in Istanbul. Istanbul is one of the world’s truly great cities: a blend of ancient and modern, European and Asian, Istanbul was once home to both the center of the Eastern Orthodox Church and the Ottoman Empire. Turkey is a growing fast in both population and economic activity, and students really enjoyed its nightlife, its natural beauty, and its delightful people. Istanbul is one of those places where you can feel both at home and in another world within the same day (or even walking down the same street!)

The academic work focuses on the challenges (and benefits) of business law in Turkey and the Middle East.  Students hear from a mixture of academics and practitioners who provide theoretical and practical instruction about the law of corporations, taxation, transportation, and finance.  In addition to our classroom activities, students went on a variety of field trips, seeing the heart of the ancient city (the Sultanahmet, home to the Hagia Sophia and the Blue Mosque), visiting the Istanbul Bar Association and hearing about the challenges of maintaining the rule of law during the Gezi Park protests, and getting briefed at the U.S. Consulate about Turkey’s future (and its role in dealing with instability in Iraq and Syria).

Summer Abroad Istanbul

Summer Abroad Istanbul


Munich 2014 – Tyler Ochoa

At the 2014 Munich summer program, 16 students from 8 law schools earned 5 units of credit each while studying European Intellectual Property Law. The classroom portion featured three introductory lectures by Prof. Tyler Ochoa on U.S. patent, trademark, and copyright law. The remaining lectures were given by German professors and practitioners on various aspects of European Intellectual Property Law, including the organization and legal authority of the Euro­pean Union, the European Patent Convention, EU Directives and Regulations on Trademarks, Designs, Software Protection, and Copyright, and decisions of the Court of Justice of the European Union, the Office for Harmonisation of the Internal Market (Trademarks and Designs), and the Boards of Appeal of the European Patent Office. The class also featured field trips to the European Patent Office, to hear an appeal of a decision denying the grant of a patent application; to the headquarters of BMW, for a factory tour and presentation on the trademark, design, and domain name practice of the famed auto manufacturer; and a social trip to Herrenchiemsee, one of King Ludwig II’s palaces, built on an island in a lake southwest of Munich.

During the internship portion of the program, 12 students earned between 1 and 3 units of credit for internships with German patent firms, working on English-language patent applications at the European Patent Office.  The students worked at such renowned firms as Böhmert & Böhmert, Grünecker Kinkeldey Stockmair & Schwanhäusser, Bird & Bird, Bohmann & Bohmann, the Grund IP Group, and Zimmerman & Partner.  The students helped draft to patent application  oppositions to granted patents, and responses to office actions and oppositions, in fields such as pharmaceuticals, biotechnology, organic chemistry, and mechanical engineering.

Summer Abroad Munich


Oxford 2014 – Yvonne Ekern

The summer of 2014 in Oxford, England was picture perfect. Magdalen College, with its lovely grounds and the amazing Deer Park was the perfect setting for an “Oxford Experience.” Thirteen students traveled from Canada and all over the United States to work with Oxford tutors on topics ranging from Comparative Constitutional Law, to International Environmental Law, to International Criminal Law, to Comparative Property Law, and more.

The one-on-one tutorials with Oxford Professors were a once in a lifetime opportunity to experience hours of discussing and defending the research and writing assigned by the tutors.  Students enjoyed time exploring Oxford and the many activities offered all summer long, time spent traveling, the opportunity to meet Magdalen graduate students, a trip to “legal London,” and induction into one of the Western World’s oldest libraries – the Bodleian.  It was a summer to be remembered for a lifetime.

Summer Abroad Oxford


Shanghai 2014 – Deep Gulasekaram

The 2014 Shanghai Summer Program was a great fun, highly informative, and, once again, immensely successful. SCU students joined fellow program participants from law schools all around the United States, including UC Hastings, George Washington Univ., Univ. of Minnesota, Chapman Univ., Pepperdine, John Marshall, Florida Coastal Univ., and College of Charleston in one of the most exciting and economically robust cities in the world.

We spent three weeks together as a group taking classes in all aspects of Chinese law from professors at the prestigious Ko Guan Law School at Shanghai’s Jiao Tong University, followed by a week of instruction by practicing attorneys partners at the leading local and international law firms in Shanghai.  Beyond the classroom, we visited the China headquarters of both eBay and Intel to hear from their general counsels about the legal and business challenges of doing business in China.  Both places allowed students to get a real feel for the day-to-day work of business lawyers in China.

Our visits to the U.S.-based law firm Cooley LLP allowed us to meet with SCU Law alum Ben Qiu and learn about IP practice in China (not to mention enjoy an amazing view of the Shanghai skyline, from one of the city’s spectacular skyscrapers).  We also had the opportunity to visit a local district court and the Shanghai Arbitration Commission to see where and how some of our classroom learning was put into practice.  By the end of the three weeks, students were ready for their internships at law firms and businesses in Shanghai, Hong Kong, Beijing, and Taipei, where they worked on cutting-edge intellectual property claims, trade disputes, compliance questions for multinational companies, and contracts for companies doing business in China.

Our tight-knit group this year also enjoyed plenty of extracurricular fun as well.  Not wanting to miss the Shanghai food scene, we had two large group dinners with the Jiao Tong University professors, and plenty of visits to sample soup dumplings at the world-famous Din Tai Fung restaurants all around the city.  Our first weekend in town we visited Xitang, one of the beautiful “water towns” outside of Shanghai (movie buffs will recognize it as the place where Tom Cruise shot his interrogation and fleeing scene in Mission Impossible III).  Add in the visits to KTV (Chinese karaoke spots), temples, and other sites in and around Shanghai, and it was a truly memorable summer experience.

Summer Abroad Shanghai

 


Singapore 2014 – Michael W. Flynn

The Singapore program was a smashing success, both in and out of the classroom. Our three-week survey course on Southeast Asian Business and Human Rights Law brought together experts in comparative constitutional law, human rights, Sharia law, corporate governance, and finance. Our students then had the opportunity to intern with large multinational law firms in Singapore, human rights organizations in Cambodia, and both business and humanitarian organizations in India. These experiences in learning have changed us all, providing foundational legal skills and lending to broader understanding of our increasingly small and connected planet.

Further, our experiences outside the walls of legal education provided us with the memories that we have brought home with us.  From Chinatown to Little India, and glitzy skyscrapers to the beautiful botanical gardens, meandering through the distinct and vibrant neighborhoods gave us one idea of how well a multicultural society can function. Our central location provided us access to weekend visits to the temples of Angkor Wot and to the pristine snorkeling off Bali. And perhaps nearest and dearest to this glutton’s heart (stomach?): THE FOOD.  We ate and drank our way through the culinary offerings of an entire corner of the world, all conveniently and cheaply arrayed in myriad food courts, stalls, restaurants, British high teas, and other eateries.  Dreaming of chili crab and other new experiences, we look forward to returning to this small nation of nations soon, and often.

Summer Abroad Singapore

Summer Abroad Singapore


Sydney 2014 – Evangeline Abriel

The Sydney 2014 program gave law students a fantastic opportunity to experience law “down under” and to consider the universal subject of refugee law. Local practitioners gave us insight into Australian refugee law; we had the opportunity to observe refugee hearings in Australian courts, and we were able to reflect on how the United States, Australia, and international bodies respond to refugee crises. We also had illuminating site visits, where Australian judges and lawyers generously spent time with us discussing Australian law and contrasting the Australian legal system with its U.S. counterpart. Highlights of the site visits were the Australian Human Rights Commission, the Aboriginal Legal Services Office, the Federal Court of Australia, the criminal courts of New South Wales, Legal Aid of New South Wales, and the Department of Public Prosecutions.

We also took advantage of our location in beautiful Sydney and our proximity to the amazing Australian flora, fauna, and natural wonders. Students took trips to the Blue Mountains, the Great Barrier Reef, Bondi Beach (great surfing!), and the Sydney Zoo, and took ferries along the expansive Sydney Harbor. An evening at the Sydney Opera House was also a great event!

The two weeks of coursework culminated with internships done by four students in refugee legal services offices.  The interns report that they were given challenging work. Their tasks included working on compelling asylum cases, requiring them to work closely with people facing desperate, life-threatening situations. They also had the opportunity to work closely with their supervising solicitors and to give important input in strategizing about clients’ cases.  The internships are a very meaningful way of providing service while gaining critical practical skills.  They also give an invaluable comparative perspective on the U.S. legal system.

Summer Abroad Sydney

Sydney Summer Abroad

Sydney Summer Abroad


Tokyo 2014 – Philip Jimenez

Eyes widening, the student exclaimed, “ So that’s what sushi is all about! “ He had been invited to dinner by his Sensei, his supervisor at his externship in a top Tokyo law firm, sponsored by SCU Law. This was just one of many discoveries the summer had in store – the wonder of the Sensoji Temple in Asakusa by night; the crush of commuter humanity on the Marunouchi Line by day; sitting in on negotiations in walnut paneled conference rooms at his firm; the view of the city from his office on the 40th floor of the Roppongi Hills Tower.

Some of his fellow students had elected to extern with firms in Seoul, South Korea.  Santa Clara had arranged for placements in globally recognized offices there, giving the students first-hand view of “life in the fast lane”.  This high tech urban behemoth introduces to the 21st century as no other can.  Students receive guidance from the many SCU alums working there in top positions.

He had been well-prepared for his work by the eminent Japanese professors who had lectured  during the weeks preceding his externship, some of the most highly celebrated scholars and lawyers in the country. Santa Clara Law’s long history in Japan allows for access to the very top of that legal community. The program directors had chosen the faculty carefully.

Students had been provided accommodations at the Asia Center of Japan, centrally located and a short walk or subway ride to any destination in Tokyo. Classrooms were located in the same building, just a short walk down the hall.

Visits had been arranged to the National Diet (parliament), the Supreme Court, the National Patent Office and many other important institutions.  At each, comprehensive presentations related the history, functions, and current agenda.

Students had been introduced to the city as the directors hosted them to dinners and sight-seeing in small groups. During these outings care was taken to discuss aspects of the culture, the expectation of courtesy, discipline, formality, and respect. Most of the students had described the two months of the program as “ life-changing.”

Now back in school, our student finds that prospective employers are very interested to hear of his experience at the firm in Tokyo.  Most of the firms are well-known here at home, and it’s clear that the letter of recommendation from his highly –regarded Sensei impresses.

Tokyo Summer Abroad

Tokyo  Summer Abroad


2014 Vienna – Jiri Toman

At the turn of the 20th century, famed Austrian author and journalist Karl Kraus had noted, “[t]he streets of Vienna are paved with culture. The streets of other cities with asphalt.” The focus of our 2014 summer program in Vienna, EU business and law, took advantage of the crossroads of culture and business in this very beautiful city. Our students had a unique opportunity to learn about the legal system of the EU and the legal framework of doing business in the EU. We came away educated about the unique structure, legal doctrines and fundamental principles of the EU, but also learned about EU law of free movement of goods, services, capital and persons in the EU, EU company law, EU antitrust/competition law, EU commercial policy, and the European Economic and Monetary Union.

Our intensive academic experience had to be tempered with a good dose of coffee and cake … and so of course no description of a summer in Vienna would be complete without mention of the delectable Sacher torte, or a delicious cup of coffee in one of the many beautiful historic coffee houses such as Café Dommayer or Café Hawelka.

A summer in Vienna, studying, learning, absorbing, is truly an enriching experience that our students will carry with them for many years into their careers.  The Program thrives under the care of Program Director Jiri Toman, a frequent visitor to Vienna who ensures that students gain the full academic and cultural benefit of their immersion in Vienna.

Vienna Summer Abroad

Vienna Summer Abroad

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El Salvador 2014

Left to right: Professors Lynette Parker, Francisco Rivera Juarista and Evangeline Abriel.

Santa Clara Law Faculty Visit El Salvador and the Universidad Centroamericana Simeon Canas

By Evangeline Abriel

In July, I was fortunate to join law professors Francisco Rivera and Lynette Parker on a trip to El Salvador, sponsored by the Ignatian Institute. What we saw and heard there inspired us in so many ways. Led by journalist Gene Palumbo, we met with many individuals, from a former guerrilla fighter and a former member of the Salvadoran military to the priest of a church in a gang-controlled section of San Salvador, to women gaining self-sufficiency through a women’s empowerment project, to a Supreme Court justice working to maintain an independent judiciary. These meetings allowed us to learn about El Salvador’s remarkable work to repair the devastation of its twelve-year civil war and to respond to the critical problem of gangs.  The meetings also explored the work of both El Salvador and the United States to respond to the exodus of unaccompanied minors en route to the U.S. border.  And we were moved by our visits to the country’s memorials to its citizens fallen and disappeared during the civil war, including Archbishop Oscar Romero and six Jesuit priests and their associates.

I would have to say, though, that the highlight was our two days of meetings with the law faculty of the Universidad Centroamericana Simeon Canas (UCA). Our UCA colleagues welcomed us warmly, and we had a wonderful exchange of ideas and formulated proposals for collaborative projects. We especially loved meeting with the impressive young UCA law graduates representing clients of limited means in the UCA’s Office of Legal Assistance

Professors Rivera and Parker were also strongly impressed by the visit.  Professor Rivera summed up by stating, “as a human rights attorney, I was inspired by the powerful stories of those trying to seek justice for the horrible violations committed during El Salvador’s civil war. But I am also troubled by the lack of accountability. I look forward to strengthening the ties between Santa Clara Law’s International Human Rights Clinic and UCA to find possible ways to end such rampant impunity.”  Professor Parker added, “In addition to learning about the political efforts to address the economy and social issues facing El Salvador, we had the opportunity to speak with the Minister and staff from the Office of the Environment about the impact of climate change on the basic corn and bean crops, as well as their concerns regarding air and water pollution.  We had the opportunity to meet with labor advocates, and to learn about El Salvador’s current efforts to pass comprehensive anti-human trafficking legislation.  The work being conducted in many areas is very impressive.

We found the visit to be especially meaningful in this particular year because 2014 marks the twenty-fifth anniversary of the Salvadoran army’s murders of six Jesuits, their housekeeper, and her daughter on the UCA campus.   Speaking with people who had known and worked with the Jesuit fathers allowed us to reflect on their legacy of advocacy for the poor and for justice.  It also gives us tremendous inspiration and encouragement in our work for our own clients and students.

Santa Clara University will commemorate the UCA martyrs with events throughout the Fall on campus and in El Salvador at UCA and Casa de la Solidaridad.  The University has created a website listing these events and giving more information on the UCA martyrs.

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Faculty Updates

Sandee Magliozzi:
In July 2014, Sandee Magliozzi was invited to participate in a Plenary at the Australian Law Teachers Association (ALTA) Conference, Thriving in Turbulent Times: Re-imagining the Roles of Law, Law Schools and Lawyers – Creating a Better Future for Legal Education. Gold Coast, Australia. The thrust of the Conference was how the global drivers of change in the legal industry: technology, liberalization or deregulation (legal work being done by lawyers and non-lawyers), globalization, and the demand for increased efficiency in delivery of legal services have implications for all of us in legal education.


Laura Norris
In July 2014, Laura Norris taught at a program in Italy called “We Have the Future” (www.wehavethefuture.com/). WHTF is a summer camp with 30 law and business students from 14 different nations, designed to provide experiential learning for students who otherwise don’t have the opportunity in their traditional college educations. The students come to H-Farm, an incubator in Treviso, Italy, for a month.  They are assigned to a team, and the team completes a legal/business project for an Italian company. Laura was one of the faculty members (who also came from around the world), who lectured on substantive issues relating to the projects and assisted the student teams in their work.

Laura also taught Legal Issues of Start-Up Companies in the Seoul LLM in IP program that was resident here at SCU.


Francisco Rivera Juaristi
In addition to teaching in the Costa Rica summer abroad program and overseeing the work of the International Human Rights Clinic, Francisco Rivera Juaristi participated in an immersion program in El Salvador with Profs. Lynette Parker and Evangeline Abriel, and three colleagues from the School of Engineering. They were able to hear different perspectives on El Salvador’s civil war and current situation from journalists, former guerrilla members and soldiers, priests, NGOs, a judge of the Constitutional Court, and many others. They also established a strong personal and institutional relationship with the main local law school and hope to partner up with them to provide opportunities for Santa Clara Law students in the area of human rights and immigration law.


David Sloss
Book publications:
How to Amend the Constitution Without Anyone Noticing: Treaty Supremacy, Human Rights and Constitutional Transformation (book contract with Oxford University Press) (publication expected 2015)

Article — Polymorphous Public Law Litigation: The Forgotten History of Nineteenth Century Public Law Litigation 71 Wash. & Lee L. Rev. xxx (forthcoming 2014).

Book Review, 108 Am. J. Int’l L. xxx (forthcoming 2014), reviewing Socializing States: Promoting Human Rights Through International Law (by Ryan Goodman & Derek Jinks)

Speaking Engagements:

AALS Workshop on Transnational Perspectives on Equality Law, Washington, D.C., June 24, 2014 – Presentation on “The Forgotten Transnational Origins of U.S. Antidiscrimination Law”

University of Sydney, Faculty of Law, April 3, 2014 – Presentation on “How to Amend the Constitution without Anyone Noticing: Treaty Supremacy, Human Rights and Constitutional Transformation”

Australian National University, Centre for International and Public Law, March 26, 2014 – Presentation on “How Human Rights Norms Transformed the U.S. Constitution”

University of Melbourne, Centre for Comparative Constitutional Studies, March 13, 2014 – Presentation on “How Human Rights Norms Transformed the U.S. Constitution”

 

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Center for Global Law & Policy Spring 2014 Newsletter

January – May 2014

Director’s Message

Dear Friends of CGLP,

I am delighted to send you the CGLP’s second newsletter for 2014. I am so very proud to be at a school with a group of such accomplished faculty members and dedicated staff. We are, in this issue, highlighting our very successful annual Symposium on Environment & Human Rights Law, an important and current topic. It was an impressive event and the students and faculty involved worked a year to make this a success.

Our summer programs are also off to a wonderful start. We will be sending 155 students abroad to study in 12 countries and have provided internships for 85. Our International Human Rights clinic also had some wonderful achievements under its director, Francisco Rivera.

Our faculty have been been busy writing and speaking. Our moot court teams have been competing and doing wonderfully. Last but by no means least, one of our colleagues received two amazing awards for his work in international humanitarian law. Please read on for details.

Best,

Professor Anna Han
Director
Center for Global Law and Policy


Summer Abroad

We are looking forward to summer this year, with over 150 students traveling abroad for classes in twelve different countries. This year’s summer students come from more than 65 different law schools from across the world to participate in our international programs. We anticipate placing more than 85 students with an internship, providing them with an opportunity to gain real legal experience. Santa Clara Law offers the largest selection of summer abroad programs out of all the law schools in the country.


Environment & Human Rights Law Symposium – January 2014

Environment-and-Human-Rights-Symposium

Panelists Damilola Olawuyi, Randall S. Abate, and Maxine Burkett.

This past January, CGLP and the Journal of International Law co-hosted the “Environment and Human Rights Law Symposium.” The event explored pressing issues at the intersection of the two fields. Former Santa Clara Law Professor Dinah Shelton, the preeminent scholarly voice on human rights and environment issues and a former President of the Inter-American Commission on Human Rights, gave the keynote speech. Her presentation “Whiplash and Backlash – Some Thoughts on a Rights-based Approach to Environmental Protection” delved not only into the challenges of the field generally but also developments at the Inter-American Commission. Martin Wagner, Managing Attorney of the Earthjustice International Program, provided a complementary lunchtime presentation. His talk “The Heart of Environmental Rights” reminded lawyers in poetic terms about the role of the heart in environmental rights advocacy.

Other leading scholars and practitioners participated in four panels addressing a wide-ranging set of topics.  Panel 1 focused on “The Human Right to a Healthy Environment” and the implications of its legal recognition, research of Professor Rebecca Bratspies (City University of New York) and commented on by Dr. Marcos Orellana (Center for International Environmental Law), Judge Margarette May Macaulay (former Judge at the Inter-American Court of Human Rights), and Professor Francisco Rivera (Santa Clara University).  Panel 2’s topic, “Promoting Food Security: Human Rights, the Environment and the Fragmented Nature of International Legal Regulation,” focused the discussions of Professors Carmen Gonzales (Seattle University), Sumudu Atapattu (Univ. of Wisconsin), Chris Bacon (Santa Clara University), and Emily Yozell (human rights attorney) on the challenge of promoting food security in a fragmented international environmental and human rights legal system.

The 3rd panel, “Rehabilitation: A Proposal for a Compensation Mechanism For Small Island States,” featured a paper on the design of compensation mechanisms to address climate change losses and damages suffered by small island nations due to sea level rise.  The presention by Professor Maxine Burkett (University of Hawaii) was the subject of comments by Professor Randall Abate (Florida A&M University), Dr. Damilola Olawuyi (Institute for Oil, Gas, Energy, Environment and Sustainable Development), and Natalie Bridgeman Fields (Accountability Counsel).   Finally, panel 4 addressed research by Professor Rebecca Tsosie (Arizona State University), entitled “Indigenous Human Rights and the Ethics of ‘Remediation’: Redressing the Legacy of Uranium Contamination for Native Peoples and Native Lands.”  Commentators were Professors Elizabeth Kronk Warner (University of Kansas), Robert T. Coulter (Indian Law Resource Center), and David Takacs (Hastings College of Law).

A concluding roundtable, led by SCU Law Professor Tseming Yang, engaged participants in follow-up discussions about issues common to the symposium panels.  Among the symposium’s cross-cutting themes were the need to rethink and integrate environmental and human rights law concept, the role of politics in the controversies, and the imperative to design more effective institutions to solved these issues. Final papers will be published in the second issue of  Volume 12 of the Journal of International Law.


International Human Rights Clinic

The International Human Rights Clinic is off to a great Spring Semester. Twelve students are working on several cases and projects that involve environmental justice, children with disabilities, violence against women, human trafficking, local implementation of U.S. human rights treaty obligations, and corporate accountability for human rights violations.

Our work on human trafficking has been recognized nationally and internationally. In February, the Clinic was prominently cited in the recently released Federal Strategic Action Plan on Services for Victims of Human Trafficking in the United States. Internationally, the United Nation’s Human Rights Committee adopted in March the concerns and recommendations the Clinic submitted last semester regarding U.S. anti-human trafficking obligations under the International Covenant on Civil and Political Rights.

In February, the Inter-American Commission on Human Rights (Commission) granted international protective measures requested by the Clinic on behalf of Dominicans of Haitian descent in the Dominican Republic who received death threats because of their work as human rights defenders. In late March, the Clinic went to Washington, D.C. to advocate with and on behalf of this vulnerable population and participated in hearings before the Commission, met with staffers of the Congressional Black Caucus in the House of Representatives, and with federal officers from the U.S. Department of Labor.

During spring break, the Clinic travelled to Puerto Rico with 10 students to work on two cases. One case involves a class action lawsuit against the Puerto Rican Department of Education for its failure to provide adequate services and education to children with special needs. The second case addresses the damaging environmental and health effects of the U.S. Navy’s use of the small island of Vieques, Puerto Rico as a bombing and training facility for more than 60 years. While in Puerto Rico, students held meetings and interviews with more than 20 individuals, including the President of the Puerto Rico Bar Association, a staffer for the President of the Puerto Rico Senate, several academics, scientists, community leaders, attorneys, public officials, and human rights victims.

IHRC-intl-enews-514

Students are also working with a national coalition of human rights organizations to develop California draft legislation to expand or eliminate statutes of limitations for torts associated with grave human rights violations, and to modify veil-piercing statutes to hold corporations accountable for human rights violations. Finally, the Clinic is partnering with Harvard University to study how the Inter-American Human Rights System addresses the issue of violence against women in the Americas, and to what extent the U.S. and other countries in our region are implementing international law norms and jurisprudence in addressing this important issue.

For more information on our Clinic’s work, please visit our website, follow our blog, and like us on Facebook!


Immigration Appellate Clinic

Immigration Appellate ClinicIn Santa Clara’s Immigration Appellate Practice clinic, law students provide critical representation under the U.S. Court of Appeals for the Ninth Circuit’s Pro Bono Program to individuals seeking review of removal decisions from the Board of Immigration Appeals. The cases present a variety of issues, including claims for relief under the United States’ implementation of its obligations under the United Nations Convention and Protocol Pertaining to the Status of Refugees and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In March 2014, students working under the supervision of Clinical Professor Evangeline Abriel filed briefs in three new cases.

Some of the clinic’s cases have resulted in important precedent decisions. For example, in 2013,  the Ninth Circuit’s decision in Blandino-Medina v. Holder resolved a critical question on exclusion from relief for refugees and asylum seekers.  The Court ruled that the Immigration Judge and Board cannot determine that an offense is particularly serious, so as to bar withholding of removal (“non-refoulement”), based solely on the elements of the offense,but must instead make an individualized assessment of the applicant’s case. Counsel for Mr. Blandino-Medina were Madeleine Feldon, who graduated in 2012, and Amy Nguyen, who graduated in 2013, together with Professor Abriel.

“The dedication and countless hours of hard work Mady and Amy brought to this case are inspirational,” said Professor Abriel. “This is just one example of the many ways our students and graduates are making a difference in the law and in the lives of their clients.”


Overseas Semester Externships

Sophia-AreiasSophia Areias
Location: The Hague, Netherlands
Organization: International Criminal Tribunal for the Former Yugoslavia (ICTY)

My internship with the ICTY gave me a firsthand look at international criminal law, including international criminal procedure. During my time in the Trial Chambers, I processed witness evidence, including testimony and exhibits. I drafted decisions for judges on procedural questions and researched the Tribunal’s jurisprudence and certain legal questions.

My time with the ICTY and in The Hague has truly been rewarding, I have come into contact with students and interns from all over the globe who have similar interests. Overall, this internship was an invaluable introduction to international criminal law and the Tribunal systems. It fueled my desire to continue working at the international level. Plus, I re-learned how to ride a bike!

 


Hazella BowmaniHazella Bowmani
Location: Phnom Penh, Cambodia
Organization: UNESCO

Working as an Intern at the UNESCO Office in Phnom Penh has had an invaluable impact on my education and understanding of international law. As a member of the Culture Unit, I got to prepare Enhanced Protection applications for Angkor and the Temple of Preah Vihear to keep these important pieces of cultural heritage safe in times of armed conflict. I also participated in meetings with other organizations, including the International Committee of the Red Cross, helped prepare English-versions of documents, and did other tasks to support UNESCO’s mission. The variety of work I have handled during my internship has expanded my career interests and helped clarify my professional goals.

I have also gained an appreciation for the delicate balance that international NGOs such as UNESCO must strike between politics, international law, and current events. Preah Vihear for example, is contested by both Cambodia and Thailand; a recent decision from the International Court of Justice clarifies Cambodia’s interest, but the two governments must still agree upon the borders and how to handle their military presence there. As such, UNESCO must be sensitive to the evolving political situation and support Cambodia in fulling its international obligations to protect the temple, all while remaining neutral.

One of the most rewarding aspects of working for an international organization like UNESCO is the opportunity to work with local professionals and people from all over the world, and the richness of culture, language, and perspectives they bring with them. Everyone at the office is friendly and supportive. I got to build up my language skills and have made what I hope will be lifelong friendships.  Although this internship was rather happenstance, I am grateful for the opportunity and appreciate the flexibility that Santa Clara Law and CGLP provided me. A more structured transition into the position would have made it a perfect experience.


International Moot Court Teams

Moot Court at JessupSanta Clara recently sent a team to the Pacific Region rounds of the 55th Annual Jessup International Law Competition, which was hosted by Lewis & Clark Law School in Portland, Oregon. Santa Clara was well-represented by Ralitza Dineva, Giovanni Avelar, Heather Maslowski, and Nicole Deterding, who battled 18 other teams in the rigorous oral competition, which was held February 27-March 2, 2014. The team was coached by SCU Alum, and former HMCE competitor, Michael Wiesner, Esq., of Royse Law Group. Thanks to the team for all of their hard work! Their HMCE Competition Managers were Sophia Areias and Melissa Hoff.

moot-court-John-Carlin-and-Diego-in-Portugal-for-PictetOver spring break, John Fox, Diego Aviles, and Carlin Lozinsky represented SCU at the 26th Edition of the Pictet International Humanitarian Law Competition in Lisbon, Portugal.  Our team narrowly missed making the semi-final rounds! In this role-playing competition, teams must demonstrate their command of international humanitarian law and principles of international human rights by advising or advocating, depending on their assigned roles in a series of simulations.  Only 24 teams out of the 48 applying were selected to compete each year, and we are proud that Santa Clara was one of them. The team was coached by Claudia Josi, SCU LLM and former Picteiste. The team’s HMCE Competition Managers were Sophia Areias and Joe Tursi.

From March 12-15, 2014, Max Laettner, Kambrie Keith, and Aihui Su represented SCU at the Clara Barton International Humanitarian Law Competition in Washington, DC. This was the first year for the competition, sponsored by the American Red Cross, and is modeled on the Pictet competition as a role-playing simulation dealing with the law of war and international humanitarian law principles. Only 16 teams were selected to attend, and Santa Clara is proud to be one of the inaugural teams competing.  Our  team was coached by Claudia Josi, SCU LLM. The team’s HMCE Competition Managers were Sophia Areias and Joe Tursi.

Asylum Team Congratulations to the Asylum and Refugee Law Moot Court team that competed the weekend of March 15-16, 2014 at UC Davis School of Law at the 7th Annual National Competition!  The team of Leila Seed and David Cello was led by their fearless leader, Professor Evangeline Abriel.  The team performed excellently throughout the competition.  This is an extremely difficult competition and we are proud of our competitors for making Santa Clara School of Law shine!  Their HMCE Competition Manager was Karla De La Torre.


Faculty Updates

In April 2014, Arthur Gemmell moderated the Golden Gate Law School’s 24th annual Fulbright Symposium on “The Effectiveness of International Law.” Additionally, he was admitted as a Fellow to the Chartered Institute of Arbitrators.

In December 2013, Pratheepan (Deep) Gulasekaram’s article “Immigration Federalism: A Reappraisal” was published in NYU Law Review (88 NYU L. Rev. 2074 (2013) (with S.K. Ramakrishnan)). Additionally, he co-authored a report commissioned by the Center for American Progress.  The report, “Understanding Immigration Federalism in the United States” (Mar. 2014) was just recently published by CAP. He was featured on a panel discussion sponsored by CAP, the American Constitution Society, and the SEIU in Washington D.C. in March 2014 to discuss the findings. Deep also wrote OpEds for the San Jose Mercury News, L.A. Times, and the Santa Rosa Press Democrat on the topics of including Presidential power over immigration enforcement, state driver’s licenses for undocumented immigrants, and cities’ efforts to resist federal enforcement efforts.

Philip Jimenez and Mitsuo Matsushita, professor emeritus of Tokyo University, traveled to Ulaan Baatar, Mongolia, to present a two-day seminar, “Negotiating Free trade Agreements Between Transitional Economies and Fully Developed Economies.” Other presenters included professors Yasuhei Taniguchi and Seung Hoon Lee.  Both Matsushita and Taniguchi have served on the Appellate Body of the World Trade Organization. Seong Hoon Lee, professor emeritus, Seoul National University, and an economist, has played a major role in the Korean “economic miracle.” The Seminar was organized by Jimenez, Dr. Idesh Ivshen, Director of Research at the National Legal Institute, Dr. Batbold Amarsanaa, Associate Director National Legal Institute, Dr. K. Nomingerel, Director, National Legal Instistute. Professor Jimenez and his team were able to meet and talk with many in high level positions, such as Dr. Tsedevdamba Oyungerel. Member of Parliament and Minister of Culture, the Dean of the Faculty of Law, National University of Mongolia, and  the president of the local Bar Association.

In January 2014, Francisco Rivera Juaristi moderated a panel discussion on the intersection between international environmental and human rights law during the Environment and Human Rights Law Symposium at Santa Clara. In March, he participated on a panel discussion at SCU with a Venezuelan government official and a member of the Venezuelan opposition to discuss the current turmoil in Venezuela from an international human rights law perspective. He also participated via Skype in a conference in El Salvador on how Central American and Caribbean public officials and members of civil society can use the Inter-American Human Rights System to address violations of migrant workers’ rights.

Cuba-2014

Photo: Santa Clara law students and faculty in front of University of Havana by Alma Mata statue.

From March 1 to March 7, Professors Anna Han and Ken Manaster were in Cuba with a group of 20 SCU Law students. In Cuba, the students delved deeply into the unique circumstances of the modern Cuban legal and political system. The visit included an explanation of legal education in Cuba by the Vice-Chancellor of the law school at the University of Havana, an afternoon presentation by a senior Cuban diplomat candidly explored U.S.-Cuban relations, a full day was spent at the Cuban National Lawyers Union. There, the students participated in lively discussions with a professor of Cuban constitutional law, and with two judges of the Cuban Court of International Commercial Arbitration.

Through all of these experiences, the group’s understanding of the complexity of modern Cuba and its legal system was greatly enhanced. This understanding will aid the students in completing their individual research papers.

El Salvador Immersion 2014

Photo: Students Christian Mora-Castrellon, Hazella Bowmani, Zach Rotstein and Wesley Dodd on the terrace of the Supreme Court building.

Cynthia Mertens took 7 students on an immersion trip to El Salvador in January 2014. They met with a wide range of individuals familiar with the human rights/social justice issues in the country, including Victoria de Avilés (El Salvador’s ambassador to Switzerland and its permanent representative before the United Nations office in Geneva), six either current or former Supreme Court justices, a trial court judge, former FMLN fighters, heads of NGOs, and numerous others who have experienced injustices or are attempting to remedy them.

Entrepreneur’s Law Clinic: Five students from the clinic are working with Laura Norris and the Global Social Benefit Institute (GSBI) doing an investment due diligence review and putting together diligence memos for the following international companies: Illumexico (Mexico), Drishtee (India), and Spring Health (India).

Margaret Russell met with a group of Ghanaian judges and Queen Mothers (senior members of the community) in Accra in March of 2014. The purpose of the meeting was to talk with the Queen Mothers about rape, incest, and other kinds of sexual assault and domestic violence in their villages, and urge them to get the victims to report to the police.

David Sloss published an essay in the October 2013 issue of the American Journal of International Law entitled “Reviving Human Rights Litigation After Kiobel,” co-authored with Vivian Grosswald Curran. He has written an important article entitled “Polymorphous Public Law Litigation: The Forgotten History of Nineteenth Century Public Law Litigation,” which will be published later this year in the Washington & Lee Law Review. Professor Sloss is currently on sabbatical at University of Melbourne Law School in Australia. While on sabbatical, he is working on a book tentatively entitled, “How to Amend the Constitution without Anyone Noticing: Treaty Supremacy, Human Rights, and Constitutional Transformation.” In February to April 2014, Professor Sloss is delivering a series of lectures at University of Melbourne Law School, Australian National University College of Law, and University of Sydney Law School.

Jiri Toman awardJiri Toman was honored by the American Red Cross for his lifelong commitment to humanitarian efforts.. He has worked tirelessly with the International Humanitarian Law program (IHL), a free educational resource offered by the American Red Cross to help raise awareness about the rights of peoples during armed conflict, as outlined by the Geneva Conventions. Professor Toman received the Jiri Toman Award for International Humanitarian Service – an award named in recognition of him and his unwavering devotion.

Professor Toman was also inducted into The St. George Order of the House of Habsburg-Lotringen The order considers strengthening of cooperation with the countries of Central and Southeastern Europe as an important political interest. Professor Toman received the order from the Master of the Order, Archduke Karl von Habsburg-Lothringen. Dean Kloppenberg was on hand to witness the ceremony.

William Woodward published an article titled “Insolvency Procedures in the U.S.A.” in an Italian treatise on comparative commercial law. The name of the treatise is “Profili Storici, Comunitari, Internazionali E Di Diritto Comparato” volume V, G. Giappichelli Editors, Torino, Italy.

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Center for Global Law & Policy Winter 2014 Newsletter

Director’s Message

Dear Friends of CGLP,

I would like to take this opportunity to wish you a Happy 2014 and introduce myself. I will be directing the Center while Professor Sloss is on sabbatical and I look forward to working with all of you. In this newsletter, you will find some of our accomplishments in the Fall semester of 2013. We have some exciting events planned in 2014 and we hope that you will join us for some of them. For example, our first conference of the year is the Santa Clara Journal of International Law Symposium on “Environment and Human Rights Law” which will take place January 24-25 on campus. The webpage for the conference can be found here.

As always, the Center’s goal is to make international law an integral part of our students’ and faculties’ lives. We appreciate you being part of this community.

Best,

Professor Anna Han
Director
Center for Global Law and Policy

International Human Rights Clinic – Update

IHRC
IHRC Director, Francisco Rivera, with students Taline Minassian and Matthew Toyama at hearing in Mexico City.

The International Human Rights Clinic had another exciting and successful semester. Under the leadership of clinic director Francisco Rivera and clinical fellow Britton Schwartz, twelve students worked on ten cases and projects involving human trafficking in the Bay Area, LGBTI rights in Jamaica, mass deportations in the Dominican Republic, environmental justice in Ecuador, precautionary measures before the Inter-American Commission on Human Rights, U.S. human rights treaty reporting obligations, due process in a death penalty case in California, and California legislation on corporate accountability for human rights violations. Several students participated in sessions before the U.N. Human Rights Committee in Geneva and a hearing before the Inter-American Court of Human Rights held in Mexico City. In sum, students worked more than 2,000 hours on behalf of human rights victims at home and abroad.

For more information, please visit the clinic’s website at law.scu.edu/ihrc


Faculty Updates

Stephen Diamond published Rights and Revolution: The Rise and Fall of Nicaragua’s Sandinista Revolution (Vandeplas 2013). Historian Ralph Lee Woodward called it “a major contribution to Nicaraguan historiography.” Here is a short summary: “The victory of the Sandinista Revolution in Nicaragua in 1979 opened up a major new battleground in the Cold War between east and west. That larger conflict caused many to ignore or misjudge the domestic battle for democratic rights carried out by ordinary Nicaraguans, first against the Somoza dictatorship, and then against the Frente Sandinista, which led the Revolution. In Rights and Revolution: The Rise and Fall of Nicaragua’s Sandinista Movement, political scientist and legal scholar Stephen F. Diamond examines the conflict inside Nicaragua from a viewpoint that is critical of the FSLN, which was allied closely with Cuba and the Soviet Union, and of the United States, which formed a proxy army to overthrow the FSLN regime. Such an independent viewpoint yields important and original insights into the complex relationship between authoritarianism and democracy in the developing world.”

Anna Han and Cynthia Mertens led a group of 26 students and 10 faculty members to Cuba on a legal studies tour. The students took a class on Contemporary Legal Issues in Cuba, and wrote papers on Cuba’s legal system on a wide range of topics, including intellectual property, tax, environmental law, LGBT rights, and labor law. The students culminated their studies with a one week visit to Havana where they met with lawyers, former judges and diplomats to learn more about Cuba first hand. For all of them, this was a first time encounter with a close neighbor that has been cut off from the United States for many years. The class will be repeated in 2014, lead by Professors Han and Manaster.

Brian Love collaborated with Christian Helmers, previously of Universidad Carlos III de Madrid and now at the SCU Leavey School of Business, and Luke McDonagh, of Cardiff University, on a comparative empirical study of “patent troll” suits brought in the U.K. between 2000 and 2010. The article, titled Is There a Patent Troll Problem in the UK?, will appear in early 2014 in the Fordham I.P., Media, and Entertainment Law Journal. It can be downloaded via SSRN here.

Michelle Oberman published an essay in the Stanford Law & Policy Review, Cristina’s World: Lessons from El Salvador’s Ban on Abortion. The piece grows out of her ongoing exploration of ways in which the law shapes the contours of the abortion debate. She is writing a book tentatively titled: What’s Law Got To Do With It? Travels Through the Abortion War, which compares three disparate geo-political approaches to regulating abortion – in El Salvador, Oklahoma and California. In summer 2013 she traveled to Italy to participate in the first international scholarly gathering on filicide.

David Sloss published two essays on the U.S. Supreme Court decision in Kiobel v. Royal Dutch Petroleum Co, a landmark decision on the Alien Tort Statute. Kiobel and Extraterritoriality: A Rule Without a Rationale appeared in a symposium issue of the Maryland Journal of International Law. Reviving Human Rights Litigation After Kiobel, co-authored with Vivian Curran, will appear soon in the American Journal of International Law. In October 2013, he participated in the first meeting of the American Law Institute’s Members Consultative Group that is working on a new Restatement of U.S. Foreign Relations Law. He also presented a draft article on “The Constitutionalization of American Public Law” at faculty workshops at Washington & Lee University School of Law, and at American University, Washington College of Law. In December, he presented a slightly different version of the same paper at a meeting of the American Society of International Law interest group on international law in domestic courts, which met at Yale Law School.

In fall 2013, Beth Van Schaack stepped down from her position as Deputy in the Office of Global Criminal Justice in the U.S. State Department. She will be a fellow at the Center on International Security and Cooperation at Stanford University before returning to law teaching in fall 2014. She is an Executive Editor of the new blog, JustSecurity, on law, rights, and national security.


Summer Abroad 2013 – Director Updates

Overseas Semester Externships – Student Updates

Peter-SwiniarskiPeter Swiniarski
Organization: The Office of the United Nations High Commissioner for Refugees (UNHCR) Location: Geneva, Switzerland

This year twenty-three students participated in the tutorials, with subjects ranging from Jurisprudence to Public International Law. This program provides a unique experience because it pairs one or two students with an Oxford tutor. Each tutor meets weekly with students to review the papers the students have prepared on a legal topic. But the tutorial is more than a simple review of a paper. Its true value is the opportunity to talk with an Oxford tutor about a legal topic in depth, receive feedback and be challenged to expand one’s legal analytical skills – a true scholarly exchange between students and tutors.

Oxford is the city of “dreaming spires,” and offers students many wonderful experiences in addition to the tutorials. As we begin the program students gather in the Convocation House of the Bodleian Library where Charles I met with Parliament and learn about this world famous library – where even the King was not permitted to borrow books. They also travel to London to visit the Royal Courts and observe a moot between two English pupil barristers and two American law students. Of course there’s much more to see in both Oxford and London that enhances a student’s time in the Oxford program. This is indeed a program worthy of a student’s summer.

Starting in July 2013, I took up an internship position at the headquarters of the United Nations High Commissioner for Refugees in Geneva, Switzerland. Working in the Human Right’s Liaison Unit (HRLU) in the Division of International Protection, has been both an exciting and a rewarding experience. The HRLU works predominantly with the international treaty bodies and special procedures, attempting to advocate on behalf of refugees and persons of concern to the UNHCR. The work involves close cooperation with field offices to ensure that key issues in the field are raised in the discussions and recommendations issued by the various international bodies in Geneva. Additionally, we work directly with the Universal Periodic Review process in relation to the human rights of persons of concern, and with the Human Rights Council as they engage topics of relevance to refugees and displaced persons. Our efforts seek to provide tangible decisions and resolutions which can then be used by our field offices to advocate for progress and change by governments and leaders. The work also includes monitoring the various treaty body, UPR, special procedure, and Human Rights Council sessions in order to keep colleagues in the field and at headquarters up to date on the latest relevant developments.

It has also been an educational experience living in Geneva and working at the UNHCR headquarters. While contributing in a tangible way to the HRLU’s work, I have simultaneously been exposed to a wide range of refugee issues occurring in countries all over the world. So far, I have contributed to submissions and/or observed proceedings in relation to over 40 countries, with many more to come. By the end of my term here, I will have developed a comprehensive knowledge of international refugee and human rights law and will hopefully have made a substantial and positive contribution to refugee protection in the field.


Alexandra Logue
Location: Paris, France
Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)

Alexandra-Logue-Externship

My time interning in the Cultural Heritage Protection Treaties Section at UNESCO Headquarters in Paris was, hands down, the best experience of my life so far. I had dreamt of working for UNESCO since I was fourteen years old, but my time spent there exceeded any and all expectations I had. My responsibilities as a stagiaire revolved around preparing decisional and informational documents for three statutory meetings: the Tenth Meeting of the High Contracting Parties to the 1954 Hague Convention, the Fifth Meeting of the Parties to the Second Protocol to the 1954 Hague Convention, and the Eighth Meeting of the Committee for the Protection of Cultural Property in the Event of Armed Conflict. My work was incredibly varied, ranging from document translation to speech-writing to drafting bilingual educational materials for the training of peace-keeping forces in Mali and police in Libya. The culmination of nearly five months’ work was the four-day period of statutory meetings, for which I carried out the English version of all decisions taken and prepared the English version of each final report. My internship at UNESCO has only intensified my desire to work for an intergovernmental organization in the future.


Gloria Lee
Location: Phnom Penh, Cambodia
Organization: UNESCO Phnom Penh, Culture Unit

Working as a legal intern at UNESCO Phnom Penh has been the best part of my law school experience. During this internship, I worked closely with the 1954 Convention on the Protection of Cultural Property in the Event of Armed Conflict and its 1999 Second Protocol. Specifically, I assisted UNESCO Phnom Penh and the Royal Government of Cambodia in the implementation of these treaties for the better protection of Cambodian World Heritage Sites. I conducted meetings and interviews with government officials from a range of levels, archaeologists, conservation experts, and others; identified recommendations for the widespread dissemination of knowledge on the protection of cultural property to military personnel and civilians; utilized my legal research and writing skills acquired from law school and clinic experience; and assisted in the preparation of Enhanced Protection submissions within the scope of the 1999 Second Protocol. Over the course of four months, I became very familiar with international cultural property law, Cambodian law, and Cambodian culture and history. The projects that I worked on were challenging and stimulating. It was amazing to know that my work had an immediate impact on the protection of Cambodian cultural heritage. This invaluable opportunity has sparked my interest in art and cultural property law, and I am confident that it has equipped me with the knowledge and skills for a future career in international law.


CGLP Lectures & Events

Karima-BennouneKarima Bennoune visited campus in September of 2013 to speak about her new book “Your Fatwa Does Not Apply Here: Untold Stories from the Fight Against Muslim Fundamentalism.” Students were very interested to hear about Professor Bennoune’s experiences interviewing people from across the world on the rising tide of fundamentalism within their own communities.


Dr. Sabu George in September 2013. Dr. George spoke about female infanticide and sex selection in India. Dr. George has spent 28 years working on female child issues and recently testified before the US Congress regarding sex selection.


Theo BodewigTheo Bodewig spoke to SCU Law students in October 2013 about the upcoming Unitary Patent of the EU. Theo Bodewig is a Professor of Law at Humboldt University of Berlin Law School. He served as a Judge in the Court of Appeals in Munich for nearly ten years.

 

 


Sergio-PuigIn October of 2013, Dr. Segio Puig of Stanford Law visited campus to discuss the Transoceanic Trade & Investment Agreements and the rise of regionalism. Dr. Puig worked for over three years in the young professionals program for lawyers and scholars at the World Bank Group and ICSID, and has practiced in leading firms in Mexico City and Washington D.C.


Almudena2.jpgIn November of 2013, CGLP was honored to host Almudena Bernabeu, the lead prosecutor who brought charges against Salvadoran officials for the massacre of Jesuit priests in 1989. Ms. Bernabeu spoke about her work with the Center for Justice & Accountability (CJA) and her experiences prosecuting the Jesuit massacre case.

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Center for Global Law & Policy Fall 2013 Newsletter

May – August, 2013

Dear Friends of CGLP,

Summer 2013 was another very successful summer for CGLP’s summer abroad programs. In summer 2013, a total of 151 students from 45 different U.S. law schools attended Santa Clara’s classes in Tokyo, Singapore, Hong Kong, Shanghai, Sydney, the Hague, Geneva, Munich, Vienna, Oxford (England), and San Jose (Costa Rica). Additionally, CGLP placed a total of 81 students from 25 different law schools in summer internships in Japan, Korea, China, Hong Kong, Singapore, Cambodia, India, Australia, Kuwait, Dubai, Germany, Hungary, Ireland, Ghana, and Costa Rica. Internships included placements in law firms, corporate counsel offices, non-governmental organizations, inter-governmental organizations, and government offices. Overall, the classes and internships provided wonderful educational experiences for the students. Below are a few short blurbs that provide a sample of student and faculty perspectives.

Warm wishes,

David Sloss
Professor of Law
Director, Center for Global Law and Policy


Summer Abroad 2013 – Student Updates

Kathryn-LaipplyKathryn Laipply, Munich 2013

Santa Clara Law’s Summer Abroad in Munich, Germany provided me with a valuable experience that will significantly contribute to my legal career. The Program combined instruction from German professors and attorneys in European and German intellectual property law with practical legal experience at top intellectual property law firms. Santa Clara evaluated my background and paired me with a supervisor and law firm that matched my background and experience. My supervisor offered me a number of projects that allowed me to contribute meaningfully to the law firm’s work. Most notably, I helped my supervisor draft an Opposition to a Community Trade Mark application.

This internship gave me skills and knowledge to apply to future legal jobs. In addition, the internship has given me an advantage in the competitive IP law job market. It immediately distinguishes me as an individual who is not only knowledgeable about IP law, but knows what legal path she wants to pursue.

 

 


Brandon-PierceBrandon Pierce, Costa Rica 2013

Words cannot describe the gratitude I have for the opportunity to have interned as a legal assistant under Emily Yozell, Esq. in Costa Rica.

I began my internship conducting research on international treaties and labor laws within the legal department at SITRAP, a workers union composed of agricultural plantation workers that fights to promote sustainable development and protection of workers’ rights.

The latter portion of my internship focused on issues involving land rights on Costa Rica´s southern Caribbean coast. With the guidance of Costa Rica´s ex-Congressman Edwin Patterson Bent, I visited communities along the Caribbean coast to interview local residents and collect documents that would aid in the fight to protect local land use. I had the opportunity to travel to the capital of Costa Rica to join non-governmental leaders in a meeting with the United Nations Independent Expert on human rights and the environment, John Knox, who discussed the issues facing the southern Caribbean coast and potential solutions.

Interning in Costa Rica taught me that life is a collection of experiences that open the mind to new things, different perspectives, and one´s ability to think outside of the box. In the end I can say I did a lot of things and met a lot of people, but most importantly, I met myself.


Hugo-TamHugo Tam, Shanghai 2013

Santa Clara truly has an amazing summer program in China–so valuable in learning the private practice of international transactions that I joined the program twice! My internship placements were at some of the best local law firms and a large U.S. law firm with presence in China. And because of the scale of those firms the projects I was exposed to were nothing less than exciting, ranging from cross-border business transactions, intellectual property projects, antitrust litigation and many more.

I would definitely recommend this program to anyone who wants to learn about private practice in China or international business transactions.


Summer Abroad 2013 – Director Updates

Update on the Oxford program – Professor Patricia Rauch-Neustadter

Oxford-2 Oxford-3

The summer 2013 Oxford program was again a success. My husband and I have co-directed this program four times over the past eight years, enjoying each opportunity to be in Oxford with a special group of students.

This year twenty-three students participated in the tutorials, with subjects ranging from Jurisprudence to Public International Law. This program provides a unique experience because it pairs one or two students with an Oxford tutor. Each tutor meets weekly with students to review the papers the students have prepared on a legal topic. But the tutorial is more than a simple review of a paper. Its true value is the opportunity to talk with an Oxford tutor about a legal topic in depth, receive feedback and be challenged to expand one’s legal analytical skills – a true scholarly exchange between students and tutors.

Oxford is the city of “dreaming spires,” and offers students many wonderful experiences in addition to the tutorials. As we begin the program students gather in the Convocation House of the Bodleian Library where Charles I met with Parliament and learn about this world famous library – where even the King was not permitted to borrow books. They also travel to London to visit the Royal Courts and observe a moot between two English pupil barristers and two American law students. Of course there’s much more to see in both Oxford and London that enhances a student’s time in the Oxford program. This is indeed a program worthy of a student’s summer.

Oxford-1


Update on the Singapore program – Professor Michael Flynn

Singapore-1The students in the Singapore program attended lectures on Southeast Asian Business and Human Rights Law. We studied how the genocide meted out by the Khmer Rouge in Cambodia shaped international human rights law, how corporate governance and financial policies have both supported and stymied the lives of ordinary citizens living in this densely populated area, and much more. The incredible local professors, attorneys, and policy makers who taught these classes provided valuable insights, teaching us that the struggles and triumphs of this region are surprisingly similar to our own.

Our visit to the Syriah Court was one of the highlights of our journey. The Syriah Court exercises jurisdiction over certain family law issues under Islamic law. For example, if two practicing Muslims are married and registered with the Syriah Court, then their divorce and child custody disputes can be processed under Islamic rather than civil law, and the judgment can be enforced by civil courts. This system is a testament to Singapore’s commitment to its diverse population. We had the privilege of meeting with the three presiding Presidents (judges), the Registrar, and the entire support staff. We learned that Santa Clara was the first American law school to visit the court.

Following three weeks studying in Singapore, the students began their internships in Singapore, Cambodia, Vietnam, and India. Some students joined international law firms assisting attorneys with business matters, while others joined NGOs and non-profits to assist with human rights work. The daily journals that the students sent to me, while varying in subject matter, universally reported how their perspective on their native legal systems changed. And perhaps more importantly, they observed that the human condition transcends borders


Update on The Hague program – Professor Ellen Kreitzberg

The Hague, Netherlands, is the home to the International Criminal Court and many of the world’s international criminal tribunals and is rightfully viewed as the center of International Justice. With only two weeks to experience as much as possible, students from more than eight different law schools and I were busy from early morning until dinner. We visited the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Court (ICC), the Special Tribunal for Lebanon (STL), and the Special Tribunal for Sierra Leone (STSL). We also met with Judge Joan Donahue from the International Court of Justice and were able to explore the beautiful peace palace and its gardens.

The Tribunal for the Former Yugoslavia was still the primary trial venue. Although this tribunal is in the process of winding down, we were able to watch the trials of two of the highest profile persons charged: Radovan Karadzic and Ratko Mladic. As we sat behind a glass wall looking into the courtroom, we heard dramatic testimony of events that took place more than two decades ago. One witness, whose face and voice was disguised to the public, described in compelling detail his experience as a survivor of a massacre where most around him were left for dead. We were able to look into the faces of Karadzic and Mladic while listening to the testimony of witnesses against them.

The various trials in The Hague raise fundamental questions of justice for victims and accountability for leaders in government. The tribunals in The Hague seek to strengthen the rule of law while documenting for the world the tragedies that occurred. I am confident all who went will long remember our two weeks in The Hague.


Overseas Semester Externships

Jessica-LasleyJessica Lasley
Location: The Hague, The Netherlands
Organization: International Criminal Tribunal for the former Yugoslavia

Interning in Trial Chamber II of the International Criminal Tribunal for the former Yugoslavia (ICTY) has given me the incredible opportunity to work in international criminal law and gain insight into how an international tribunal functions. Over the past three months, I have attended court, processed evidence from experts, victims and international UN witnesses, and drafted decisions. I also attended weekly meetings with the judges to give input on the credibility of in-court witnesses and weekly team meetings to assess the progress of the case. Through this work, I have been able to utilize and further develop practical research and writing skills I have gained through participating in clinics. I have also been able to see how theoretical international principles and the Tribunal’s hybrid rules of Evidence and Procedure are applied practically in the courtroom. Beyond my assigned work, I have had the opportunity to attend talks and seminars on topics including developments in international criminal law, and issues currently affecting the former Yugoslavia. Working in international criminal law has been a truly fulfilling experience and has only increased my interest in working in the area.

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Center for Global Law & Policy Winter 2013 newsletter

September – December, 2012

Dear Friends of CGLP,

I am pleased to send you the winter 2013 edition of the Center for Global Law and Policy’s electronic newsletter. This newsletter provides selected information about the Center’s activities in fall 2012. In this issue, we highlight the activities of Santa Clara’s international human rights clinic and the recent work of Professor Beth Van Schaack, who is currently serving in the U.S. State Department. I hope you enjoy hearing about the varied and exciting international activities of Santa Clara’s faculty, alumni, and students.

Warm wishes,

David Sloss
Professor of Law
Director, Center for Global Law and Policy


International Human Rights Clinic

In its inaugural Fall 2012 Semester, students in the International Human Rights Clinic engaged in several fact-finding missions, drafted human rights reports, advocated before international organizations, and filed legal briefs before foreign and international jurisdictions.

The Clinic filed an amicus curiae brief before the Inter-American Court of Human Rights in the landmark case of Artavia Murillo et. al. (in vitro fertilization) v. Costa Rica. The Clinic also filed a petition before the Inter-American Commission on Human Rights regarding discrimination against Haitians and Dominicans of Haitian descent in the Dominican Republic. A group of students participated in an advocacy campaign to support the Inter-American Commission’s autonomy and independence. Students are preparing reports on human trafficking in the Bay Area and on the human rights and environmental implications of mining in Peru. The Clinic expects to file another amicus curiae brief on the issue of non-refoulement as a human rights principle, and students are also working on a legal brief supporting the right to freedom of expression of human rights defenders in Peru. Finally, the Clinic is also working on a legal brief to be filed before the Chilean Supreme Court on issues of statute of limitations and impunity for grave human rights violations.

Francisco J. Rivera Juaristi, continues to write for Corte IDH Blog, the leading blog on the jurisprudence of the Inter-American Court of Human Rights. He recently participated in meetings with U.S. State Department officials and with members of the Inter-American Commission on Human Rights as part of a joint advocacy campaign to support and strengthen the Commission. In his upcoming article, he addresses the policy and legal arguments in favor of U.S. ratification of the American Convention on Human Rights.


Update from Beth Van Schaack

Beth Van Schaack is currently serving as Deputy to U.S. Ambassador-At-Large for War Crimes Issues, Stephen Rapp, in the U.S. State Department’s Office of Global Criminal Justice.

1) Can you please give us a brief overview of some of the issues you have been working on as Deputy to the U.S. Ambassador-At-Large for War Crimes Issues?

Our office has been quite busy on several areas since I joined. On Syria, we have worked to strengthen and lend credibility to our accountability messaging, especially given that political dynamics in the Security Council foreclose an ICC referral. We also helped to conceptualize and set up the Syria Justice & Accountability Center, which is documenting international crimes being committed in Syria. We continue to work in all the ICC situation countries, including the DRC, Uganda, Kenya, and Cote d’Ivoire. In Kenya, our office is working with a number of other offices (including USAID and the White House) to ensure that next year’s elections do not trigger a reprise of the post-election violence witnessed in 2007-8, which is the subject of the ICC cases. Most recently, we helped to secure passage of amendments to the Rewards for Justice program, which enables the USG to pay rewards for information leading to the arrest and prosecution of foreign nationals indicted for war crimes, CAH or genocide. Our office administers the program, which can now pay rewards for information on individuals incited by any international or hybrid tribunal, including the ICC or domestic specialized chambers with international personnel.

2) What are some of the biggest challenges you’ve confronted in your new position and what aspect of your position do you enjoy the most?

The biggest challenges definitely involve trying to overcome bureaucratic lethargy and intransigence. One needs a ton of patience and a willingness to just keep pushing in the hopes of finding an open door. In addition, our office is a policy office, so it has also been a bit difficult to stop trying to be the lawyer and learn to rely on my lawyers to give me the guidance I need to advance my office’s policy goals. My favorite aspect of the job is working within the interagency process to advance accountability for atrocity crimes. This involves working with my counterparts in the White House, the DoD, DHS, DOJ, even Treasury (when dealing with sanctions). In 2012, President Obama created the Atrocity Prevention Board, an interagency initiative to enhance the USG’s ability to prevent atrocities. I’ve been involved on the ground floor of this process and have enjoyed the opportunity to think creatively about policy initiatives toward this end. These initiatives range from designing better sanctions regimes to improving the ability of the U.S. to prosecute atrocity crimes to retooling intelligence collection around atrocity risk factors.

3) How does the laid-back atmosphere of Santa Clara compare to the high-paced environment of Washington D.C.?

Washington is definitely fast-paced. There are times when I realize it is 4:00 and I have yet to sit down at my desk, no less eat lunch. I have frozen PB&Js in the fridge so I don’t starve. But, I love the opportunity to design policy to advance principles I am passionate about – providing justice for victims of atrocity crimes and ensuring that the United States plays a leading role in the global system of international justice – even if it means I miss out on some sleep.

4) How do you think your work with the State Department will shape your teaching and scholarship in the future?

I have a much more accurate view of how policy is made and how academics can be influential in this process by providing government lawyers and policy makers with the tools they need to make good decisions. Being a manager, I also have a much better idea about how young professionals can break into government work, such as with the amazing Presidential Management Fellowship program (which students apply for at the start of their 3L year and which is really the only way to get a position in the State Department right out of law school). In terms of teaching, seeing the inter-agency process in motion from the inside has given me a much better sense about how to understand the various forces and equities behind the governmental decisions we read about in the newspaper.


Overseas Externships

Julia Gin in Cambodia, January 2013 Julia Gin

Location: Phnom Penh, Cambodia

Organization: United Nations, International Labour Organization’s Better Factories Cambodia Programme

Interning as a Legal Analyst at the International Labour Organization’s Better Factories Cambodia Programme gave me the opportunity to experience firsthand the state of labour law compliance in Cambodia. I worked with factory monitors reporting on the human rights and labour law violations of garment and shoe factories, and wrote comprehensive reports on investment and non-profit online fundraising opportunities for the organization. I was given the opportunity to utilize my past work experiences with other United Nations agencies to contribute to this great ILO program. Being able to see how international law applies on the ground has greatly enhanced my interest in pursuing fieldwork.


Alumni Spotlight

Update from Marc Borg, ‘12

During my time at Santa Clara I enjoyed the opportunity to gain experience through work with several organizations overseas. I spent three months in Cambodia working with the Cambodian Human Rights Action Committee, three months in Kenya with the Truth, Justice and Reconciliation Commission and three months in Ghana with the Commonwealth Human Rights Initiative.

Currently, I find myself back in Cambodia on a six-month contract assessing labor conditions in the garment factories with the International Labour Organization’s Better Factories Cambodia. Thus far, I have really enjoyed my work here with BFC. The office generally feels like a small NGO and yet operates with significantly more authority. Having just finished law school, the situation can be frustrating at times as the rule of law here in Cambodia still needs to develop. However, the ILO is large enough to have the ear of the government and my experience is often as much about politics as it is about legal analysis.

The possibility to work with public institutions internationally was one of my main reasons for selecting Santa Clara Law School and I feel I have been rewarded for that decision. Each one of my placements, including my current position, arose from contacts established by the Center for Global Law and Policy. Now, as I start my professional legal career, I hope to take advantage of this incredible foundation and one day give back to CGLP by providing contacts of my own.


CGLP Lectures and Events

In September 2012, CGLP screened the film, “Long Night’s Journey Into Day.” This documentary tells four stories of Apartheid in South Africa, as seen through the eyes of the Truth and Reconciliation commission.

CGLP hosted a Public International Law Career Panel in October 2012. Panelists included: Professor David Sloss; International Human Rights Clinic Director, Francisco Rivera Juaristi; and Clinical Fellow, Britton Schwartz.

Jean-Marie HenckaertsJean-Marie Henckaerts visited campus in October of 2012 to give a lecture on “International Humanitarian Law and the Challenges of Contemporary Armed Conflict.” Jean-Marie Henckaerts is a legal adviser in the Legal Division of the International Committee of the Red Cross and the co-author of a leading treatise on customary international humanitarian law.

 

 


Katie ZoglinCGLP hosted speaker Katie Zoglin in October of 2012. Katie Zoglin has worked internationally to promote the rule of law and democracy in the Middle East and North Africa. Ms. Zoglin presented on “Democracy in the Middle East after the Arab Spring.”

 

 

 

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Center for Global Law & Policy Fall 2012 newsletter

January – August, 2012

Dear Friends of CGLP,

I am pleased to send you the first edition of the Center for Global Law and Policy’s electronic newsletter. This newsletter provides information about the Center’s activities in spring and summer of 2012. In the future, we will distribute an electronic newsletter three times per year to report on activities in fall semester, spring semester, and summer programs. I hope you enjoy hearing about the varied and exciting international activities of Santa Clara’s faculty, alumni, students, and other constituents.

Yours,

David Sloss
Professor of Law
Director, Center for Global Law and Policy


Faculty Updates

In summer 2012, Professor Margalynne Armstrong worked with a group of professors and officers at the Naval Postgraduate School in Monterey to develop a Rule of Law Certificate Program for Civil-Military Affairs personnel in post-conflict scenarios. She co-taught the section on Comparative Legal Systems with Dr. Marc Ventresca of the Saïd Business School, University of Oxford. Other professors in the program are Dr. Karen Gutterri and Dr. Paula Philbin, both of the Naval Postgraduate School in Monterey.n the United States District Court for the Northern District of Texas. He also practiced law at Fish & Richardson P.C. with an emphasis on patent litigation.

In summer 2012, Professor David Ball directed Santa Clara’s summer program in Istanbul, “Doing Business in the Middle East and Turkey.” The program draws students from the United States and abroad to learn about the challenges and opportunities for transactional and finance attorneys in this growing region of the world. In addition to directing the program, Professor Ball taught the part of the course dealing with Islamic finance.

In July 2012, Professor Colleen Chien testified about patents and the International Trade Commission in congressional hearings held by the House Committee on the Judiciary. She also co-authored a treatise on the International Trade Commission, to be published by Lexis later this year.

Professor David Friedman has been working on a book about legal systems very different from ours. The book is based on a seminar that he has taught for many years. Topics covered include, among others, Jewish and Muslim law and the legal systems of Imperial China, Periclean Athens, the Amish, and modern gypsies. The current draft is webbed for comments and can be found online here.

In September 2012, Professor Eric Goldman gave a keynote talk at the Consent Policy Conference (an EU-supported project) in Cluj-Napoca, Romania. More information on the conference can be found here.

Professor Michelle Oberman is currently researching and writing a book on abortion and the law in El Salvador, one of the few countries where abortion is illegal under all circumstances. Toward that end, she has written an article for a forthcoming publication in Stanford Law & Policy Review’s Annual Symposium, focused on the 40th Anniversary of Roe v. Wade. The article is entitled: “Christina’s World: An Unremarkable Story of Poverty, Pregnancy and Abortion Prosecution in El Salvador.”

In summer 2012, Professor Francisco Rivera Juaristi directed Santa Clara’s Costa Rica summer program and prepared the groundwork for the law school’s new International Human Rights Clinic. He also wrote an article on the current legal and political challenges facing the Inter-American Human Rights System, which will be used at the 30th Interdisciplinary Course on Human Rights sponsored by the Inter-American Institute of Human Rights. In March, Professor Rivera gave a presentation on regional human rights mechanisms during the 19th Session of the UN Human Rights Council in Geneva.

Professor David Sloss published law review articles in spring 2012 in the Harvard International Law Journal and the Fordham International Law Journal. He also wrote a chapter for the Oxford Guide to Treaties, which was published in summer 2012. In June 2012, Professor Sloss filed an amicus brief in the U.S. Supreme Court on behalf of the UN High Commissioner for Human Rights in Kiobel v. Royal Dutch Petroleum Co., a case that raises issues about international human rights litigation under the Alien Tort Statute. In summer 2012, Professor Sloss directed Santa Clara’s summer program in Geneva.


Alumni Spotlight

International law alumni map

Santa Clara Law alumni are well represented at international law firms, international organizations, courts & tribunals, and non-governmental organizations around the globe. Below is a small sample of recent SCU Law grads who are working overseas.

Sharlyn Vareed, J.D. 2012, is working at the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague, Netherlands.

Marc Borg, J.D. 2012, has a job with the International Labor Organization (ILO), Phnom Penh, Cambodia.

Andy Shen, J.D. 2011, has a position with a non-governmental organization, Legal Support for Children and Women (LSCW), in Phnom Penh, Cambodia.

Dan Bednarski, J.D. 2010, is an attorney with the Supreme Court of the Commonwealth of the Northern Mariana Islands.

Jason Chang, J.D. 2008, is working at the W&H Law firm in Shanghai, China.

Christine Keller, J.D. 2007, is working at the International Criminal Court (ICC) in The Hague, Netherlands.

Shannon Ghadiri-Asli, J.D. 2007, is a lawyer at the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague, Netherlands.

Elizabeth Wheeler Little, J.D. 2007, is working at the International Criminal Court (ICC) in The Hague, Netherlands.

Benjamin Qiu, J.D. 2005, is an attorney with Cooley LLP in Shanghai, China.


International Human Rights Clinic

Santa Clara Law is pleased to announce the official launch of its new International Human Rights Clinic in fall 2012. Earlier this year, we hired Professor Francisco Rivera Juaristi to direct the clinic. Professor Rivera has substantial experience working in the Inter-American human rights system. At least for the first year of clinic operations, the Inter-American system will provide a primary focal point for the clinic’s work. Santa Clara also hired Britton Schwartz in a clinical fellowship position. Ms. Schwartz will work closely with Professor Rivera and will help supervise student work on various clinic projects.

For more information, please visit the clinic’s website at law.scu.edu/ihrc.


Summer Abroad 2012

Santa Clara Law continues to offer its students excellent academic and experiential opportunities around the globe. With summer abroad classes in 13 countries, and externship opportunities in 21 countries, we offer summer abroad programs in more locations around the world than any other law school in the country. In summer 2012, we sent 182 students to our summer abroad programs, with 85 students electing to intern at overseas law firms, corporations, international organizations (including international courts and tribunals), and non-governmental organizations.

Our students continue to gain important experience and forge important relationships through the summer abroad programs managed by the Center for Global Law & Policy.


Overseas Externships

These testimonials from students who have recently completed externships overseas showcase the continued efforts of the Center for Global Law & Policy to help prepare SCU law students for international legal practice.

Rashmi JoshiRashmi Joshi
Location: Paris, France
Organization: United Nations Educational, Scientific and Cultural Organization

I spent the second half of my 2L year in Paris, France working for the United Nations Educational, Scientific and Cultural Organization (UNESCO). It was a wonderful, eye-opening experience. Not only did I have the opportunity to work on cultural property law with professionals from around the world, I also gained a working fluency in French. I thoroughly enjoyed my time in Paris and formed many valuable connections there. I am glad that Professors Toman and Bali encouraged me to apply for this position and I would do it all over again.

 

 


Sophia AreiasSophia Areias
Location: Accra, Ghana
Organization: Commonwealth Human Rights Initiative

Santa Clara has afforded me some really wonderful opportunities to pursue my interest in International Human Rights Law. In addition to an excellent curriculum, the Center for Global Law & Policy organizes interesting and exciting speakers who work in all areas of International Law. Last summer, the Center arranged an internship for me with the Commonwealth Human Rights Initiative (CHRI) in Accra, Ghana. During my internship with CHRI, I worked closely with their Access to Justice team. I visited police stations to interview detainees, attended court hearings in Ghana’s High and Supreme Court, participated in a police human rights awareness workshop in Ghana’s Eastern Region, and wrote a report chronicling the behavior of police at a specific station regarding various human rights standards. I really enjoyed interning with CHRI because it gave me the opportunity to work firsthand with projects being implemented in Ghana with the overarching goal of improving human rights in Ghana. It was also extremely interesting to learn about Ghana’s legal system. Finally, I traveled throughout Ghana and Togo, which was a wonderful experience. I truly cannot imagine a better place than Santa Clara for me to learn and experience so much in the field of international human rights.


Hugo TamHugo Tam
Location: Shanghai, China
Organization: Haiwen & Partners

I can’t thank Professor Han and Santa Clara’s summer abroad program enough for giving me such a great internship experience at one of the best large law firms in China this past summer. I was assigned to the Mergers and Acquisitions team, and since M&A is one of the areas of law that I wanted to learn more about, this experience exposed me to that, and more. It allowed me to work on the due diligence process for 7 weeks and it was eye-opening because due diligence is what many M&A lawyers, especially as they enter law practice, do day in and day out. All in all, the Center for Global Law & Policy’s summer abroad classes and internship program is great for anyone who is interested in learning more about the practice of commercial law or the Chinese culture in general.


Antonio GarzaAntonio Garza
Location: The Hague, Netherlands
Organization: Office of the Prosecutor,
International Criminal Tribunal for the Former Yugoslavia

The Center for Global Law and Policy at Santa Clara University has given me unparalleled educational, professional and cultural opportunities.  I am currently interning with the Office of the Prosecutor at the ICTY.  Not only am I earning credits while learning about international criminal procedure and the preparation needed to prosecute those accused of massive violations of human rights; but I am also fulfilled knowing that I am helping to achieve the social justice that is highly regarded by Santa Clara Law students and alumni.  Perhaps that is why the Broncos are so well represented at the ICTY.  Some weekends, my family has time to travel, and we’ve been using that to explore The Netherlands and other nearby countries.  Dank u wel, CGLP!


Peter SwiniarskiPeter Swiniarski
Location: Phnom Penh, Cambodia
Organization: United Nations, Office of the High Commissioner for Human Rights

Working as an intern with the United Nations in Cambodia was an incredible opportunity. Placed with the Office of the High Commissioner for Human Rights in Phnom Penh, I had an amazing experience providing legal support to their Rule of Law Unit, working on high profile conferences with the Cambodian government and conducting field work across the country. My experiences with the UN OHCHR gave me great insights into how Human Rights Law is applied and monitored abroad and it has galvanized my interest in a career in international law.


CGLP Conferences, Lectures, and Events

IHL workshopInternational Humanitarian Law (IHL) Workshop
In January of 2012, Santa Clara University School of Law held its 6th annual International Humanitarian Law (IHL) Workshop, co-hosted with the International Committee of the Red Cross.

Faculty included lawyers with the ICRC, faculty of the JAG Center and School, human rights lawyers, government lawyers, and academics. Participants included students from law schools all over the country, with a few foreign institutions represented as well. The Workshop concluded with a final role play/simulation.


JIL Symposium on Emerging Issues in International Humanitarian Law
Each year, the Center for Global Law & Policy co-hosts a symposium with the Santa Clara Journal of International Law. The 2012 symposium topic, “Emerging Issues in International Humanitarian Law,” brought in an array of presenters and commentators from around the world. Louise Doswald-Beck, Professor at the Graduate Institute of International Studies and the Geneva Academy of International Humanitarian Law and Human Rights, gave the keynote address. Her presentation focused on “Unexpected challenges: the increasingly evident disadvantage of considering international humanitarian law in isolation.”

The symposium materials, including the individual papers for each presentation, can be found here: digitalcommons.law.scu.edu/humanitarian.


Other Guest Speakers

In February 2012, Professor David Caron, President of the American Society of International Law, lectured on the “Images of the Arctic and the Law and Politics Implicit in Them.”

Ambassador David Scheffer gave a lecture at Santa Clara Law in February 2012 entitled, “Chasing Impunity: A War Crimes Ambassador’s Memoir.” Ambassador Scheffer is an American lawyer and diplomat who served as the first United States Ambassador-at-Large for War Crimes Issues, during President Bill Clinton’s second term in office.

In February of 2012, CGLP hosted the event, “What Silicon Valley Needs to Know About International Trade Agreements and the World Trade Organization.”

Prominent human rights activist and former political prisoner, Bo Kyi, visited campus in March of 2012 to screen the film “Into the Current: Burma’s Political Prisoners.”

In April 2012, Arthur Lenk gave a lecture on “Israel, Current Dilemmas in the Middle East and International Law.” Arthur Lenk is the Director of the Department of International Law at Israel’s Ministry of Foreign Affairs.

Judge Diego Garcia-Sayan, the President of the Inter-American Court of Human Rights, spoke at Santa Clara University School of Law on April 5th, 2012.

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