Teaching Human Rights in a Law School Clinic:
Case Theory as a Core Concept in the Lawyering Seminar
Professor Richard J. Wilson
Director, International Human Rights Law Clinic
Washington College of Law, American University
AALS Workshop on Human Rights
Panel on "Pedagogy"
Alexandria, Virginia
October 28, 2000
A. Orientation – Three days, with introduction to persuasion, advocacy and law office organization.II. Types of Cases Handled in the Clinic.
B. Lawyering Seminar – Seminar component in all clinics, meets two hours weekly throughout academic year. Seminar syllabi are remarkably similar across in-house clinics: human rights, criminal, civil, women and the law, domestic violence, tax.
C. Cases – Students are assigned to cases in teams of two, and collaboration is a core value in all clinic work. Students take full responsibility for all client contact and formal advocacy. Contact with faculty through:1. Rounds – small-group, student-directed weekly meetings of one hour throughout academic year;
2. Supervision – regular, weekly or bi-weekly meetings of team with faculty supervisor. No more than 8-1 student-faculty ratio in supervision.
A. Political Asylum Cases – Clients seeking political asylum in the United States, now mostly from Africa and South Asia. Clinic handled Kasinga case, involving claim of protection from return to Togo based on fear of female circumcision.III. Central skills/values components in the Lawyering Seminar.
B. Human Rights Cases and Projects – Representation of clients in advocacy through international mechanisms or in domestic courts on issues raising claims of violation of international human rights law. Clinic involved closely with private prosecution by Spanish victims in Spanish courts claiming universal jurisdiction in prosecutions leading to arrest and attempted extradition from England in Pinochet case.
C. Law firm model over NGO model.
A. Interviewing and Counseling of ClientsIV. Case Theory as a Core Concept in Lawyering Skills/Values.
B. Case Theory
C. Factual and Legal Investigation
D. Use of Experts
E. Trial Preparation
F. Trial Skills
G. Heightened Sensitivity to Legal Ethics
H. Operation of State-Based Institutions of Justice
I. Values in Adversary Context
J. Issues in Representation of Poor or other Disempowered Clients
K. Legislative and Other Non-litigative Alternatives for Advocacy
A. What is case theory?Handouts:
B. Why is it so central to our mission as clinical teachers?
C. Why does case theory develop and evolve?
D. The transition from asylum case theory to human rights case theory:1. Beatrice Nikuze Simulation
2. Meeting Beatrice
3. Beatrice seeks human rights protection – Asylum Case Theories
4. Beatrice's justice mission – Human Rights Case Theories