2012 Galway Courses

Session 1: June 10–June 29

Legal History: The Development of Human Rights Law

Professor Philip K. Hamilton
9:00 a.m.–10:50 a.m.
“Human rights” is an ideal that includes far more than the political rightsthat were articulated in the 17th and 18th centuries in such documents as the English Bill of Rights and the first 10 amendments to the U.S. Constitution. How was that limited concept of “rights” extended beyond the borders of individual countries and expanded to include such notions as economic rights and group rights? How were states persuaded to commit themselves to honor that expanded and universalized view of rights? How do we evaluate that commitment in light of recent and continuing abuses of human rights? This course will attempt to address those questions by examining some of the events and ideas that contributed most significantly to the development of our current understanding of human rights and to its codification in the documents that form the basis of modern human rights law. Readings include both historical and legal materials.

International Law and International Humanitarian Law

Professors Ray Murphy and Shane Darcy
11:00 a.m.–12:50 p.m.
This course explores contemporary issues of international law and IHL or the law of armed conflict. It involves a brief introduction to the sources of international law, an examination of the United Nations Charter provisions governing the use of force, and an examination of the concept of humanitarian intervention and UN-authorized or UN-mandated peacekeeping operations. The course explores the concept, purpose, and contemporary sources of IHL; the concept of armed conflict; and the protection of civilians and the conduct of hostilities. The convention dealing with the protection of prisoners of war is also examined. The course refers to contemporary situations such as Iraq, Kosovo, and Afghanistan, draws on a number of historical examples, and includes a review of the implementation of IHL and the role of international tribunals.

International Human Rights Law

Professor Kathleen Cavanaugh
1:00 p.m.–2:50 p.m.
This course surveys the major universal and regional systems of human rights law, their relationships to each other, and the legal value and authority of declarations, decisions, judgments, and other materials generated by them. It also addresses some of the normative and other debates, old and new, that accompany the human rights discourse and, especially, how the war on terror discourse has affected the application, development, and implementation of human rights law. By the end of the course, the student should be able to carry out effective research in the field of international human rights law.

Session 2: July 2–July 20

Perspectives on the U.S. Supreme Court

Visiting Professor Jeffrey P. Minear
9:00 a.m.–10:50 a.m.
This course surveys the U.S. Supreme Court in three distinct dimensions. In the first week, students examine the Court from a practice-oriented perspective, focusing on the Court’s rules of procedure and internal process for deciding cases. In the second week, we take an historical perspective and assess how the Court has evolved over the past two centuries of momentous social change. In the third week, the course focuses on three Court decisions that illustrate the unique institutional challenges facing a court of last resort within a tri-partite system of federal government.

Equity, Access, and the Enabling Right to an Education: A Comparative Legal Inquiry

Professor Monica Teixeira de Sousa
11:00 a.m.–12:50 p.m.
The right to an education is a basic human right. It was enshrined in Article 26 of the Universal Declaration of Human Rights. This course examines complex law and policy issues involved in securing that right in the United States and in other countries. We first explore the legal and political foundations of the education system in the United States and examine how constitutional, statutory, and regulatory law have shaped such basic features as: (1) compulsory education; (2) school funding; (3) curriculum; (4) school governance; (5) student rights; and (6) the rights of teachers. We then compare the American educational system to those of other countries, focusing on difficult issues of diversity, equity, and inclusion. Students are evaluated on the basis of class participation and a final paper.

Cross-Cultural Negotiations and Dispute Resolution

Professor Eileen A. Scallen
1:00 p.m.–2:50 p.m.
This interactive course examines negotiation and mediation theory and practice in a cross-cultural context. A variety of readings, exercises, and role-plays are employed to encourage rigorous analysis of alternative dispute resolution concepts and critical assessment of the application of these concepts in practice. Topics to be covered include conflict and negotiation theory; stages of the negotiation and mediation processes; ethical and legal issues in negotiation and mediation; reaching agreements and issues surrounding their enforceability; addressing power imbalances; and variation in the lawyer’s role at all stages of negotiation and mediation. Students participate in exercises and simulations, focusing on various stages of these processes. The course also addresses recent research examining causes of impasse as well as the impact of diverse cultural backgrounds on facets of both negotiation and mediation.