PIHRL News
Professor Edwards Makes Presentation at U.S. State Department Affiliate in Rome
On Thursday, 1 October 2009, Professor George E. Edwards gave a presentation in Rome, Italy at the Commission for Cultural Exchange between the United States and Italy (Commissione per gli Scambi Culturali fra l'Italia e gli Stati Uniti), which is an affiliate office of the U.S. Department of State and houses the U.S.-Italy Fulbright Commission. The presentation focused on American Legal Education, and highlighted opportunities for Italian students to receive Master of Laws (LL.M.) and other advanced degrees in the United States. Attendees and participants included Fulbright staff, representatives from Italian Law Schools (faculty, students), and staff of EducationUSA (another U.S. State Department affiliate).
In Rome, Professor Edwards was also a delegate to the 137th meeting of the United Nations Food and Agricultural (FAO) Council held at FAO world headquarters from 28 September – 2 October 2009.
The FAO Council is the executive organ of the FAO Conference, which is the supreme governing body of the FAO that meets in regular session every two years. The Council has 49 Members, has powers delegated to it by the Conference, and exercises functions dealing with the world food and agricultural situation and related matters, current and prospective activities of the Organization, and other matters.
Professor Edwards is accredited to the United Nations to represent the National Bar Association (NBA), and he is the National Bar Association International Law Section Chairperson-at-Large for Public International Law.
Law School Strengthens Ties to IU’s Nobel Prize Nominated Program to Combat HIV/AIDS in Kenya
Dean Gary R. Roberts, Visiting Professor Fran Quigley, Judge Patricia Riley and a group of local attorneys will return on October 15th from a trip to Eldoret, Kenya to visit the Legal Aid Clinic of Eldoret (LACE), a non-profit organization that provides free legal services to people affected by HIV/AIDS. The group hopes to strengthen ties with the clinic, as well as with the Moi University School of Law.
The Kenyan attorneys and judges of LACE represent dozens of poor people in western Kenya, most of whom are HIV-positive and all of whom would otherwise have no access to justice. LACE has its roots in the public interest law traditions of the Eldoret area legal community and the history of human rights advocacy by the faculty and students of Moi University School of Law. Kenyan attorneys and judges form the core of the board of directors overseeing the operations of the program. Kenyan attorneys, law professors, and clinical law students also provide legal counsel to clients, with plans to integrate paralegals into direct service in the near future.
LACE works in close association with USAID-AMPATH, the Nobel Peace Prize-nominated program that is a partnership between Moi University School of Medicine, Moi Teaching and Referral Hospital and Indiana University School of Medicine. LACE has opened its initial office within the AMPATH Centre in Eldoret and accepts client referrals from the USAID-AMPATH medical and social services staff.
Professor George E. Edwards, Director of the law school’s Program in International Human Rights Law, visited the program this summer, where he observed several IU law students working on an internship there. Professor Edwards says, “In my five days in Eldoret, I witnessed LACE’s dedication, its professionalism, and high spirits. I also confirmed that my Indiana law students were gaining solid legal experience outside the classroom, and contributing significantly to human rights.” Read Professor Edwards’ account of his visit to LACE.
Professor Quigley, one of the founders of LACE, recently released a book about the USAID-AMPATH program entitled Walking Together, Walking Far: How a U.S. and African Medical School Partnership is Winning the Fight against HIV/AIDS.
The IU School of Law - Indianapolis co-hosted the Jordan H. and Joan R. Leibman Annual Forum which focused on yet another component of the the USAID-AMPATH program, the Imani Workshop. The Imani Workshop is a branch of the Family Preservation Initiative under the IU-Kenya Partnership's USAID-AMPATH program and a revenue-generating social enterprise focused on producing high quality crafts by HIV positive artisans in western Kenya. Imani Workshop manager, Evaline Njoki, joined experts for a panel discussion on issues crititcal to the workshop. The IU School of Business and the IU Herron School of Art and Design also co-hosted this event which took place in Eskenazi Hall on September 25.
Something for Everyone: IU School of Law – Indianapolis Features Diversity Week
The Indiana University School of Law – Indianapolis is hosting a variety of events for students as well as the public as part of its first-ever “Diversity Week,” October 5-8, 2009. The school’s Diversity Committee has been chaired by Professor María Pabón López since it was created in 2007, and Professor López was joined this year by Tamara McMillian, Associate Director of Professional Development, as co-chair. Assistant Dean for Student Affairs, Matt Banker, who also serves on the committee, says the group, which is made up of faculty, staff and students, has “a dynamic collection of perspectives brought to the table.” Professor López says, “The Committee had this idea to have a week during the Fall semester when the law school community could share information and exchange ideas about the differences and similarities that we have all around us. I think Diversity Week will be useful to open the eyes of students, faculty and staff at the law school about the many faces that comprise the legal profession.” The committee also hopes the events will help build relationships between the law school and the Indianapolis community. Assistant Dean Banker adds that they are seeking to “foster a sense of inclusiveness of community members into the legal community.”
Hossein Fazilatfar is a Master of Laws (LL.M.) student who serves on the committee. He says he is looking forward to the week’s events “to celebrate and share our cultures, traditions, backgrounds, thoughts and beliefs and in sum to celebrate our ‘Diversity’ which we’re all proud of.” Another law student involved in the committee, Anthony Pearson, President of the Black Law Student Association (BLSA) says, “diversity is less about a person’s color and more about their perspective. A diverse legal ecosystem adds unparalleled value in the way it allows the legal community to respond to the multifaceted issues encountered by a community or company.”
The four days of events will kick off on Monday, October 5th with a Cultural Celebration Fair from 5:00 – 7:00 p.m. in the law school’s Conour Atrium. The event, which is open to the public, will feature information on many countries and cultures as well as food, music and more from around the world. The International Law Society and Master of Laws Association are teaming up to present this entertaining event.
On Tuesday, October 6, Professor López has organized a panel discussion on the nomination of Sonia Sotomayor to the United States Supreme Court. Professor López will be joined by alumna Ruth Rivera, ’04, an attorney with Plews Shadley Racher and Braun, as well as Professor Gerard Magliocca, who served as an intern in Justice Sotomayor’s office when she was a Federal District Court judge in New York. This event is co-sponsored by the IUPUI Latino Faculty Staff Council and will take place in room 375 of the law school at 1:00 p.m. (light refreshments will be served).
Tuesday evening, students, faculty and the public are invited to a Poetry Slam, entitled “The Beauty of Struggle” where members of the law school community will present their original poetic compositions. Local coffee house, Mo’Joe’s, will provide free coffee for this social event. The Black Law Student Association (BLSA) is organizing this event. BLSA will also be collecting school supply donations for Indy School on Wheels, an organization dedicated to providing educational opportunities to homeless school-aged children. If you wish to present a poem or make donations please contact BLSA at blsaiuls@iupui.edu .
Anthony Pearson says, “As the President of the Black Law Students Association, I view The ‘Beauty of Struggle’ Poetry Slam as an opportunity to reflect on the commonality of the struggles that we all face irrespective of our differences. The understanding that accompanies this reflection will hopefully allow us all to become better servants and leaders at home, at work, and in the community. I appreciate the efforts of the Diversity Committee and I know that the Indianapolis community, our students, faculty, and staff will be enriched by participating in Diversity Week.”
Professionals from the Human Resources office on the IUPUI campus will present a training workshop on “Diversity and Entering the Profession” on Wednesday, October 7. There will be two sessions open to law students, each limited to 50 participants per session. To sign up for either the noon or 5:00 p.m. session, law students should contact Dean Banker’s office at mbanker@iupui.edu .
Diversity Week culminates on Thursday, October 8, with a Keynote lecture by former Indiana Supreme Court Justice Myra Selby, currently a partner at Ice Miller, LLP. Former Justice Selby, who was the first African American woman to serve on the Indiana Supreme Court , will speak on “Diversity in the Legal Profession” at 4:30 p.m. in the Wynne Courtroom. This lecture is open to the public and one hour of CLE credit is offered. For more information, contact Tamara McMillian at tmcmilli@iupui.edu .
Professor Dannenmaier to Chair Workshop Session in Geneva on Resolving International Development Conflicts
Professor Eric Dannenmaier will facilitate discussion of mitigating violent disputes over natural resources during a workshop on “Environmental Security: Sources of Conflict and Prospects for Peacemaking” at the United Nations’ Maison Internationale de l’Environnement in Geneva on October 1, 2009. The Workshop is co-sponsored by the United Nations Environment Programme (UNEP), the University for Peace, and the Foundation for Environmental Security and Sustainability. Professor Eric Dannenmaier will chair a session devoted to modeling how international organizations and national leaders can mitigate violent conflict where foreign investors and local communities clash over resource development and property rights in the face of scarcity. Dannenmaier will lead participants through a simulated dispute over a proposed mining concession in a developing country – drawing on a recent report about conflict potential over mining operations in the Philippines.
Professor Dannenmaier has been working on environmental security issues since the late 1990s, with his research focused on the influence of public access to environmental decision-making as a factor in mitigating the potential for violence and conflict escalation.
More information about the upcoming Geneva program can be found at http://www.upeace.org/esc/UNEP-UPeace-FESS%20Agenda_draft%201%20_4_.pdf.
More information about environmental security and conflict can be found in the article at http://www.ehponline.org/members/2004/112-3/focus.html.
A policy paper Dannenmaier wrote on the subject for the 2001 Presidential Summit of the Americas can be found at www.ssrn.com/abstract=1078283
Law School Hosts Legal Delegation from South America
On September 25, the IU School of Law – Indianapolis will host a delegation of lawyers, judges, law professors, constitutional scholars, ministry officials and journalists from a dozen South American countries . The U.S. State Department is sponsoring this visit to help these officials examine the U.S. civil, criminal, military and juvenile justice systems and explore legal education and the practice of law. The program on the 25th will include discussions on a range of topics, including judicial case management, alternative dispute resolution, arbitration, mediation, plea bargaining, trial by jury, juvenile justice, the civil rights movement, affirmative action, family law, domestic violence, human rights, judicial activism and indigenous dispute resolution. It will also focus on legal education for foreign students and officials in the U.S. The proceedings will be conducted in Spanish with interpretation. Professor George E. Edwards is organizing the delegation’s visit to the law school.
Research of Professors Bravo and López presented at the World Society of Victimology’s 13th International Symposium of Victimology
When experts on victimology met at Tokiwa University, in Mito, Ibaraki, Japan in late August of this year for the 13th World Congress of Victimology, the work of two scholars from IU Law – Indianapolis was presented.
Professor María Pabón López presented a paper on her research regarding hate crimes against immigrants in the U.S. The work of Professor Karen E. Bravo on the personhood of the victims of human trafficking was also presented. The symposium, which takes place every three years, had “Victimology and Human Security” as its theme and featured researchers from all over the world. For more information about this conference, see http://www.isv2009.com/index.html.
Professor Quigley Presents New Book on Fighting HIV/AIDS in Africa
Visiting professor Fran Quigley will be presenting his book, Walking Together, Walking Far: How a U.S. and African Medical School Partnership is Winning the Fight against HIV/AIDS, on November 12th at the IUPUI Faculty Club. Quigley’s presentation is part of the “Reading at the Table” series, which profiles IUPUI authors and provides an opportunity for selected authors to present their work to the IUPUI community.
Professor Quigley to discuss Human Rights at ABA Conference
Visiting professor Fran Quigley will be presenting at the ABA conference, “HIV/AIDS and the Rule of Law: Human Rights at Home and Abroad,” at Notre Dame University on September 11. Quigley will be discussing the Legal Aid Centre of Eldoret (LACE), a human rights legal clinic integrated into one of the world’s largest HIV/AIDS and poverty control programs, the IU School of Medicine-founded and Nobel Peace Prize-nominated AMPATH program in western Kenya. Quigley is associate director of AMPATH and co-founder of LACE.
Professor Edwards Lectures on History of Human Rights, International Trade and the Right to Health
On July 23 and 24, 2009, Professor George E. Edwards participated in an international conference in Taipei, Taiwan sponsored by the Asian Centre for the World Trade Organization and International Health Law and Policy. The WTO Centre is part of New Taiwan University, the premier university in Taiwan.
At the Taipei conference, Professor Edwards delivered a paper entitled "Human Rights and International Trade: From the 17th Century Trans-Atlantic Slave Trade to Hurricane Katrina, the World Trade Organization (WTO), Human Trafficking and the Right to Health."
Professor Edwards' presentation coincided with several occurrences related to race, race relations and the vestiges of slavery in the United States: a U.S. Congressional apology for slavery and segregation of African Americans; President Obama's visit to the Cape Coast Castle in Ghana, from which millions of Africans were dispatched to slavery in America through the “Door of No Return”: and the controversy surrounding the arrest of preeminent African American Harvard Professor Gates. (Professor Edwards is pictured above, fourth from the right, with colleagues from across Asia at the International Health Law and Policy conference.)
Professor Dannenmaier Cited by Philippines Supreme Court
Professor Eric Dannenmaier was cited by the Philippines Supreme Court Chief Justice in a dispute over release of negotiating documents from a trade agreement. The Court denied a petition to release the records, but its Chief Justice dissented, citing Dannenmaier in support of the proposition that disclosure would strengthen the country’s democratic process.
The case of Akbayan Citizens Action Party v Thomas Aquino (Supreme Court of the Philippines (G.R. No. 170516, 2008) arose when a group of citizens' organizations and members of the Philippines Congress sought release of the text of a 2005 Japan-Philippines Economic Partnership Agreement. The petitioners also sought the release of drafts and written offers each country had submitted during the negotiation process. Inquiries by members of the Philippine’s Congress produced nothing, and the legislators joined others in a mandamus petition to the country’s Supreme Court. By the time the Court heard the case, the trade agreement itself had been made public, but the government still refused to provide documents produced during negotiations. Petitioners claimed that access was essential to their effective participation in the public discussion over whether to ratify the trade agreement.
The Supreme Court sided with the government, finding that the documents revealed diplomatic negotiations protected from disclosure under national and international law. But Chief Justice Reynato S. Puno authored a vigorous dissent, arguing that the disclosure of the documents – particularly where public review and legislative ratification of the agreement was at stake – was important to a full consideration of the agreement as part of the democratic process.
The Chief Justice cited Professor Dannenmaier’s 2004 article “Trade, Democracy, and the FTAA: Public Access to the Process of Constructing a Free Trade Area of the Americas,” (1066 Fordham Int’l Law J. 1078) nine separate times, often quoting at length from the article in support of his position that the documents should have been released. The Chief Justice relied both on Dannenmaier’s comparative description of increased public access to Western Hemisphere trade negotiations, and his more instrumental claims that access “gives legitimacy to the process and result, and it strengthens the political will of populations who must support ratification and implementation once the text is finalized. … While it is true that participation implies resource allocation and sometimes delay, these are investments in a democratic outcome … .” (dissent at 42 quoting Dannenmaier at 1115).
Professor Dannenmaier said: “Okay, so it’s only a dissent – but sometimes dissent is the start of something beautiful. It’s good to see ideas that were embraced in the context of an Inter-American process finding some purchase in a pan-Asian context. On the merits, I don’t think I could support a wholesale release of diplomatic communiqués, but the failure to provide details regarding a trade agreement of keen interest to the Philippine people certainly makes it hard for citizens to be good citizens. And withholding details from Congress members who must consider a ratification vote? Surely there is a more democratic solution.”
A copy of the opinion can be found at http://elibrary.judiciary.gov.ph/decisions.php?doctype=Decisions / Signed Resolutions&docid=12166820302146138178#