Prof. Lynn McGilvray-Saltzman
               Levin College of Law
               University of Florida

              




P.O. Box 117625
Gainesville, FL 32611-7625
Office:  352-392-2211
E-Mail:  saltzman@law.ufl.edu

Site last edited:   6/8/05, 8:30 am
For problems/questions regarding this webpage, contact zimmerca@law.ufl.edu
For Prof. Nagan's Cape Town Summer 2005:  for information, go to http:/lic.law.ufl.edu/~nagan & for materials, go to http://classtextbooks.com/capetown.zip

"EQUALITY IN COMPARATIVE & TRANSNATIONAL PERSPECTIVE"
LAW 6930, Section 9291
Summer 2005
Capetown, South Africa

Course Syllabus

I. Introduction:  What Is Equality?

A.
Law & States


1.
Oscar Schachter, "International Law in Theory and Practice," with Note, in International Human Rights in Context:  Law, Politics, Morals 130-135 (Henry Steiner & Philip Alston, 2d ed. 2000) [pdf]


2.
Louis Henkin, "International Law: Politics, Values and Functions," in International Human Rights in Context:  Law, Politics, Morals 127-130 (Henry Steiner & Philip Alston, 2d ed. 2000) [pdf]

B.
"Claims Relating to a Basic Equality of Opportunity and Freedom from Discrimination," Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity 561-568 (Myres McDougal et al. 1980) [pdf]






II. Race, Ethnicity & Religion

A. State Law, Policy and Custom: Prescribing or Sanctioning Discriminatory Treatment of Its Own Citizens, Its Indigenous Populations, or Aliens


1. Slavery



(a) Colonial America: Slaves, Half-Free Slaves & Indentured Servants




(i)
Charleston Non-Importation Agreement, July 22, 1769 (The Avalon Project at Yale Law School) [pdf]



(b)

"Race, the Constitution, and Changing Conceptions of Slavery (Slavery and the Constitution)," in Constitutional Law 447-450 (Stone et al. 2005) [pdf]



(c) Slavery's Unique Treatment of Women and Children



(d) People or Property?: Dred Scott v. Sandford, 60 U.S. 393 (1857) [pdf]



(e) International Documents




(i)

Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (1956) [pdf]


2. Race



(a)
"Claims Relating to Racial Discrimination," in Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity 569-611 (Myres McDougal et al. 1980) [pdf]




(i)
International Convention on the Elimination of All Forms of Racial Discrimination [pdf]



(b) United States




(i) Winston Nagan, "Reflections on Racism and World Order," 14 Fla. J. Law & Publ. Pol'y 1 (2002) [pdf]




(ii)
Rosewood: A Local Legacy
          -- "Remembering Rosewood" with "A Chronology of Events" and Survivor quotes & information [pdf]




(iii)

Plessy v. Ferguson, 163 U.S. 537 (1896), with Note: 'Separate but Equal', in Constitutional Law 464-469 (Stone et al. 2005) [pdf]




(iv) Syphillis Cases



(c) South Africa: Apartheid & Beyond




(i)
"The Elimination of Apartheid," in Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity 521-560 (Myres McDougal et al. 1980) [pdf]




(ii) International Convention on the Suppression and Punishment of the Crime of Apartheid (1973) [pdf]




(iii)
David Miller, "The Great Trek to Human Rights: The Role of Comparative Law in the Development of Human Rights in Post-Reform South Africa," in Judicial Comparativism in Human Rights Cases 201-227 (Esin Orucu ed. 2003) [pdf]


3. Minorities, Ethnic & Religious Groups, Anti-Semitism & the Holocaust



(a) Overview




(i)

Winston Nagan, "Dean Kronman's Diversity Narrative: Liberal Educational Ideology versus Social Justice? (Dunwody Commentary)," 52 Fla. L. Rev. 897 (2000) [pdf]




(ii)

Winston Nagan & Vivile Rodin, "Racism, Genocide, and Mass Murder: Toward a Legal Theory about Group Deprivations," 17 Nat'l Black L.J. 133 (2004) [pdf]



(b) Nazi Race Laws




(i)
The Stroop Report:  "The Warsaw Ghetto Is No More," Doc. 1061-PS (The Avalon Project at Yale Law School) [pdf]




(ii)
Justice Jackson's Report to the President on Atrocities and War Crimes, June 7, 1945 (The Avalon Project at Yale Law School) [pdf]




(iii) Nuremberg Code (The Avalon Project at Yale Law School) [pdf]




(iv)
Nazi Documents, various (The Avalon Project at Yale Law School) [pdf]



(c) Wannsee Conference: Planning the Final Solution




(i) Wannsee Protocol (Jan. 20, 1942) [pdf]




(ii)
"20 January 1942:  The Wannsee Conference," in The Holocaust: A History of the Jews in Europe during the Second World War 280-293 (Martin Gilbert 1985) [pdf]




(iii)
"'Journey Into the Unknown'," in The Holocaust: A History of the Jews in Europe during the Second World War 294-328 (Martin Gilbert 1985) [pdf]



(d)

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, UN Doc. A/RES/47/135 (adopted Dec. 18, 1992) [pdf]



(e)
Caroline Hsu, "A Hero Amid Horror:  This Japanese Diplomat Saved Thousands of Jews," U.S. News & World Report, p. 72 (May 9, 2005) [pdf]



(f) Rwanda



(g)
"Protocols Revisited: 'Dismantling the Big Lie - The Protocols of the Elders of Zion'," 24(2) Response 5 (Summer 2003) [pdf]



(h)
"Europe: An Intolerable Climate of Hate," 23(2) Response 2 (Summer 2002) [pdf]



(i)
"Antisemitism Still a Staple of Russian Landscape," 23(1) Response 15 (Spring 2002) [pdf]


4. Colonialism & Indigenous Peoples: A Lesson in Inequality & Genocide



(a)
Draft Declaration on the Rights of Indigenous Peoples [pdf]



(b) Native Americans: Take Up the White Man's Burden




(i)

Gratz v. Bollinger, 539 U.S. 244 (2003), with Note: 'The "Special" Case of Indigenous People', in Constitutional Law 608-615 (Stone et al. 2005) [pdf]



(c) Africa: South Africa



(d) South America: Chile



(e) Central America: El Salvador


5. Religion



(a)

Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, UN Doc. A/36/684 (adopted Nov. 25, 1981) [pdf]


6. State Sponsored Terror



(a) The Disappeared: Argentina, Chile & El Salvador: The Role of State Sponsored or Encouraged Military & Paramilitary Issues




(i)

Declaration on the Protection of All Persons from Enforced Disappearances, UN Doc. A/RES/47/133 (adopted Dec. 16, 1992), 32 I.L.M. 903 (1993) [pdf]



(b)
Torture




(i)
Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment [pdf]




(ii)
Oona Hathaway, "The Promise and Limits of the International Law of Torture," with Notes & Comments, in Foundations of International Law and Politics 228-242 (Oona Hathaway & Harold Koh, 2005) [pdf]







B. State Law Proscribing Discriminatory Treatment of Its Own Citizens


1.
"Equal Protection Methodology: Heightened Scrutiny and the Problem of Race (The Origins and Rationale for Heightened Scrutiny in Race-Specific Classifications that Disadvantage Racial Minorities)": Strauder v. W. Virginia, 100 U.S. (10 Otto) 303 (1880); Korematsu v. U.S. (323 U.S. 214 (1944); Loving v. Virginia, 388 U.S. 1 (1967); with Notes: 'Doctrinal Evolution in the Scrutiny Applied to Racial Classifications', 'Justifications for Strict Scrutiny of Racial Classifications', and 'The Structure of Strict Scrutiny', in Constitutional Law 523-544 (Stone et al. 2005) [pdf]


2.
Brown v. Board of Education of Topeka (Brown II), 347 U.S. 483 (1954), with Note: 'Justifications and Explanations for Brown'; 349 U.S. 294 (1955), with Note: 'All Deliberate Speed'; and Fulfilling Brown's Promise, with Note: 'The Initial Response to Brown', in Constitutional Law 473-488 (Stone et al. 2005) [pdf]


3. Affirmative Action:



(a) Grutter v. Bollinger, 123 S.Ct. 2325, 539 U.S. 306 (2003) [pdf] (Univ. of Michigan Law School)


4. Protecting Minorities:



(a)
S.R. Bommai v. Union of India, Supreme Court (India), (1994) 2 S.C.R. 644, in Constitutional Law 409-413 (Stone et al. 2005) [pdf]



(b)
Election Cases




(i)
Elections in New Caledonia, Constitutional Council (France), 85-196 DC of 8 August 1985, in Comparative Constitutionalism: Cases and Materials 712-713 (Norman Dorsen et al. 2003) [pdf]




(ii)
Teh Cheng Poh v. Public Prosecutor, Privy Council (Malaysia), [1980] A.C. 458, with Notes & Questions, in Constitutional Law 334-337 (Stone et al. 2005) [pdf]




(iii)
Bush v. Gore, 531 U.S. 98 (2000), in Constitutional Law 713-719 (Stone et al. 2005) [pdf]



(c)
'Education': Numerus Clausus I Case, Federal Constitutional Court (Germany), 33 BVerfGE 303 (1972), in Constitutional Law 719-721 (Stone et al. 2005) [pdf]



(d) 'Access to Justice', in Constitutional Law 721-722 (Stone et al. 2005) [pdf]



(e) 'Equality and Other Constitutional Rights,' with Notes & Questions, in Constitutional Law 722-724 (Stone et al. 2005) [pdf]

C. War: A New Set of Rules?


1. Declaration on the Right of Peoples to Peace, UN Doc. A/39/11 (adopted Nov. 12, 1984) [pdf]


2. Japanese Internment: Korematsu v. U.S. (see II.B.1 above)






III. Sex, Family and Sexual Orientation

A. Sex & Family


1. Loving v. Virginia (see II.B.1 above)


2. Nazi Statutes Forbidding Inter-Marriage (see II.A.3.b.iv above)


3.

Griswold v. Connecticut, 381 U.S. 479 (1965), with Notes & Questions; and section "The Right to Bodily Self-Determination", in Comparative Constitutionalism: Cases and Materials 521-527 (Norman Dorsen et al. 2003) [pdf]


4. Children



(a) Convention on the Rights of the Child (1989) [pdf]



(b)
Barbara Woodhouse, "Recognizing Children's Rights:  Lessons from South Africa," 26-SPG Hum. Rts. 15 (1999) [pdf]

B. Sexual Orientation


1. Nazi Persecution of Homosexuals:  Paragraph 175 (German Penal Code, 1871) & film by same name [pdf]


2. U.S.: Sexual Orientation



(a)



"Equal Protection Methodology: The Problem of Sexual Orientation," with Note: 'The Nature of the Class at Issue'; Romer v. Evans, 517 U.S. 620 (1996), with Notes: 'The Meaning of Romer', 'More Targeted Laws Discriminating on the Basis of Sexual Orientation', 'Strict Scrutiny for Discrimination Based on Sexual Orientation?', in Constitutional Law 666-688 (Stone et al. 2005) [pdf]



(b) Sodomy Laws



(c)
Latest Cases




(i)
Bowers v. Hardwick, 478 U.S. 186 (1986), in International Human Rights in Context:  Law, Politics, Morals 818-822 (Henry Steiner & Philip Alston, 2d ed. 2000) [pdf]




(ii)
Lawrence v. Texas, 539 U.S. 558 (2003), with Note: 'Homosexuality, Sexual Liberty, and Substantive Due Process', in Constitutional Law 935-949 (Stone et al. 2005) [pdf]



(d)
Catherine Smith, "What First Amendment?  Alabama State Rep. Gerald Allen is no lawyer.  But he must know that his proposed ban on pro-gray books is unconstitutional," Intelligence Report, Iss. 117, p. 74 (Spring 2005) [pdf]


3. AIDS


4.
Homosexuality



(a)
Dudgeon v. U.K., 45 E.C.H.R. (ser. A) (1982), with Notes & Questions, in International Human Rights: Law, Policy and Process 470-476 (Frank Newman & David Weissbrodt, 1996) [pdf]






IV. Gender Discrimination

A.
"The Outlawing of Sex-Based Discrimination," in Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity 612-650 (Myres McDougal et al. 1980) [pdf]


1.
V. Spike Peterson & Laura Parisi, "Are Women Human?  It's Not an Academic Question," in Human Rights Fifty Years On:  A Reappraisal 132-160 (Tony Evans ed., 1998) [pdf]


2.
"Comment on Women's Social and Economic Conditions"; Amartya Sen, "More than 100 Million Women Are Missing," with Note; Amnesty International, "Rape and Sexual Abuse: Torture and Ill Treatment of Women in Detention"; and Americas Watch, "Criminal Injustice: Violence Against Women in Brazil,"  in International Human Rights in Context:  Law, Politics, Morals 163-73 (Henry Steiner & Philip Alston, 2d ed. 2000) [pdf]


3.
Phyllis Coven, INS, "Memorandum: Considerations for Asylum Officers Adjudicating Asylum Claims from Women 1-19 (1995)", with Notes & Questions, in International Human Rights: Law, Policy and Process 658-666 (Frank Newman & David Weissbrodt, 1996) [pdf]

B. International Cases & Documents


1. Convention on the Political Rights of Women (1952) [pdf]


2. Convention on the Elimination of All Forms of Discrimination against Women (1979) [pdf]


3. Sheffield and Horsham v. UK, ECHR, 27 E.H.R.R. 163 (1998), in Constitutional Law 576-579 (Stone et al. 2005) [pdf]


4.
"Women's Rights and CEDAW" and "Comment on Protection of Women Under Conventions Prior to CEDAW," in International Human Rights in Context:  Law, Politics, Morals 158-159, 176 (Henry Steiner & Philip Alston, 2d ed. 2000) [pdf]

C. Suffrage for Women

D. Western Women


1.
Note: 'From Reed to Craig v. Boren - Evolution and Doctrinal Confusion'; Craig v. Boren, 429 U.S. 190 (1976), with Note: 'Heightened Scrutiny for Gender Classifications?'; Archiac and Overbroad Generalizations versus "Real" Differences; United States v. Virginia, 518 U.S. 515 (1996), with Note: '"Real Differences" and Formal Equality'; Nguyen v. INS, 533 U.S. 53 (2001), with Note: 'The Relevance of "Real Differences"'; Califano v. Goldfarb, 430 U.S. 199 (1977); Califano v. Webster, 430 U.S. 313 (1977), with Note: 'The Problem of "Benign" Gender Classifications'; The Irrelevant Constitution?, with Note: 'The Current Relevance of Constitutional Law', in Constitutional Law 626-665 (Stone et al. 2005) [pdf]


2.
Roe v. Wade, 410 U.S. 113 (1973) [pdf]


3.
"The Baby Boy Opinion," with Notes & Questions, in International Human Rights: Law, Policy and Process 426-436 (Frank Newman & David Weissbrodt, 1996) [pdf]


4.
Lustration Case, Constitutional Court (Hungary), Decision 60/1994 (XII.22) AB hat., in Comparative Constitutionalism: Cases and Materials 584-588 (Norman Dorsen et al. 2003) [pdf]


5.
"Sociocultural Factors: (1) Group Identify and Scapegoating, with Philip Mayer, Witches, and Robert Lifton, Genocide, and Notes and Questions; (2) Change, Uncertainty, and Political Manipulation, with J.R. Crawford, Witchcraft and Sorcery in Rhodesia, Joyce Bednarski, The Salem Witch-Scare Viewed Sociologically, and A. Rebecca Cardozo, A Modern American Witch-Craze, with Questions," in International Human Rights: Law, Policy, and Process 1017-1026 (David Weissbrodt et al. 2001) [pdf]

E. Worksite Cases:  [PENDING] Women Denied Jobs that Put Pregnant Women at Risk

F.
U.S. v. Virginia, 518 U.S. 515 (1996) [pdf] (see also Section D.1 above)

G. Minister of Finance v. Van Heerden, CCT 63/03, Constitutional Court of South Africa, Judgment [pdf]

H. Female Circumcision


1. Gregory Kelson, "Female Circumcision in the Modern Age," 4 Buffalo Hum. Rts. L. Rev. 185 (1998) [pdf]

I. African Women


1.
Corinne Packer, "African Women, Traditions, and Human Rights: A Critical Analysis of Contemporary 'Universal' Discourses and Approaches," in Human Rights and Diversity: Area Studies Revisited 159-181 (David Forsythe & Patrice McMahon 2003) [pdf]


2.

President of the Republic of South Africa v. Hugo, Constitutional Court (South Africa), 1997 (4) SA 1 (CC), in Comparative Constitutionalism: Cases and Materials 687-693 (Norman Dorsen et al. 2003) [pdf]

J. Muslim Women






V. Age Discrimination

A.
David Newman, "Breakthrough:  A Landmark Supreme Court decision is being hailed as 'the Emancipation Proclamation for older workers'," AARP Bulletin, Vol. 46(5), pp. 10-12 (May 2005) (re:  Smith v. City of Jackson, Miss.) [pdf]






VI. Discrimination Against the Mentally & Physically Infirm

A. Nazi Doctors: The Path Is Laid for the Final Solution

B. U.S. Sterilization Cases






VII. Poverty: Disparate Legal Treatment for the Have's & Have Not's

A. Declaration on the Right to Development, UN Doc. A/RES/41/128 (adopted Dec. 4, 1986) [pdf]

B.
Universal Declaration on the Eradication of Hunger and Malnutrition [pdf]

C.
International Covenant on Economic, Social, and Cultural Rights [pdf]






VIII. International Legal Instruments: Declarations, Conventions & Treaties

A. The World's Response to the Holocaust


1. Universal Declaration of Human Rights [pdf]

B.
"Human Rights in International Law":  (1) The UN & Int'l Human Rights Law, (2) Other Worldwide Treaties & Instruments, (3) Customary Int'l Law, (4) Regional Organizations & Law-Making, (5) Domestic Implementation of Human Rights; "Conclusion" with Notes & Questions,in International Human Rights: Law, Policy and Process 13-25 (Frank Newman & David Weissbrodt, 1996) [pdf]

C.
"United Nations: Human Rights Bodies," in International Human Rights: Law, Policy and Process n.p. (Frank Newman & David Weissbrodt, 1996) [pdf]






IX. Resolution & Remedy

A.
"Massive Human Rights Tragedies:  Prosecutions and Truth Commissions," in International Human Rights in Context:  Law, Politics, Morals 1131-1140 (Henry Steiner & Philip Alston, 2d ed. 2000) [pdf]

B.
Using Rights to Measure Wrongs


1.
Fiona Ross, "Using Rights to Measure Wrongs," in Human Rights in Global Perspective: Anthropological Studies of Rights, Claims and Entitlements 163-182 (Richard Wilson & Jon Mitchell 2003) [pdf]


2.
"National Prosecutions, Amnesties and Truth Commissions," in Human Rights 629-664 (Louis Henkin et al. 1999) [pdf]


3.
Winston Nagan, "Transitional Justice: The Moral Foundations of Trials and Commissions in Social and Political Transformation," International Symposium: Justice in Transition -- Prosecution and Amnesty in Germany and South Africa, Humboldt-Universitat Zu Berlin (April 6-9, 2005) [pdf]


4.
"Universal Jurisdiction:  Questions & Answers," Amnesty International USA: Legal Support Network Newsletter, Winter 2002 [pdf]

C. State Action


1. State Action: Retribution & Criminal Prosecution



(a) Death Penalty



(b)
'Death Penalty and Life Imprisonment': Gregg v. Georgia, 428 U.S. 153 (1976); S. v. Makwanyane & Another, Constitutional Court (South Africa), 1995 (3) SALR 391 (CC); and Notes & Questions; R. v. Latimer, Supreme Court (Canada), [2001] 1 S.C.R. 3; Life Imprisonment Case, Federal Constitutional Court (Germany), 45 BVerfGE 187 (1997), with Notes & Questions, in Constitutional Law 497-519 (Stone et al. 2005) [pdf]


2. State Action: Decreed Restitution & Reparations



(a) Germany



(b) Hungary




(i)
"Denunciation:  'The Disease of Our Times'," in National Cleansing: Retribution Against Nazi Collaborators in Postwar Czechoslovakia 142-185 (Benjamin Frommer 2005) [pdf]



(c) Israel: The Eichman Case



(d) Swiss Banks: Stolen Funds


3. Reconciliation Commissions



(a)
Alan Stone, "Truth, Memory & Reconciliation," and Susan Suleiman, "Remembering and Forgetting the Holocaust," with Questions & Comments, in Human Rights at Harvard: Interdisciplinary Faculty Perspectives on the Human Rights Movement 44-62  (Harvard Univ. Cmte. on Human Rights Studies 1999) [pdf]



(b)
Hon. Abdullah Omar, "Truth and Reconciliation in South Africa:  Accounting for the Past," 4 Buffalo Hum. Rts. L. Rev. 5 (1998) [pdf]



(c)
Shadrack Gutto, "Beyond Justiciability: Challenges of Implementing/Enforcing Socio-Economic Rights in South Africa," 4 Buffalo Hum. Rts. L. Rev. 79 (1998) [pdf]

D. Private Action


1. Civil Prosecution



(a) Alien Tort Claims Act, 28 U.S.C. § 1350 [pdf]



(b) Torture Victim Protection Act, Pub. L. 102-0256, 106 Stat. 73 [pdf]


2. Private Retribution: Murder of French Collaborators

E. International Action


1. Nuremberg Trials



(a)
"Judgment at Nuremberg," in International Human Rights in Context:  Law, Politics, Morals 112-126 (Henry Steiner & Philip Alston, 2d ed. 2000) [pdf]


2.
International Courts



(a)
"Remedial Powers of the Court," in Human Rights 538 (Louis Henkin et al. 1999) [pdf]



(b)
"Contemporary International Tribunals":  Prosecutor v. Dusko Tadic, Case No. IT-94-1-T (trial, 1995) and IT-94-1-AR72 (appeals, 1995), in Human Rights 619-629 (Louis Henkin et al. 1999) [pdf]



(c)
"Implementation by International Adjudication: The International Court of Justice," in Human Rights 665-684 (Louis Henkin et al. 1999) [pdf]



(d)
"International Political Implementation and Enforcement -- The United Nations," in Human Rights 684-685 (Louis Henkin et al. 1999) [pdf]


3. Restitution of Jewish Property: Swiss Bank Accounts, Confiscated Art & Real Property


4. International Documents



(a) Statute of the International Criminal Tribunal for the Former Yugoslavia (1993) [pdf]



(b) Statute of the International Tribunal for Rwanda (1994) [pdf]



(c) Rome Statute of the International Criminal Court (1998) [pdf]


Course Film List
(available as pdf)

FILM ASSIGNMENT:  I have compiled this film list to accompany the issues we will be discussing. Each was chosen to provide a more personal and human face to these issues. Before you leave, try to preview any of these films that you are able find (Blockbuster has most of them).  I will also try to bring  at least one portable DVD player and as many of the films as I can manage to Cape Town with me. If any of you have portable DVD players, please bring them along. Start by previewing those films marked with 3 stars, then go on to 2 stars, etc.  If any of you or your friends are in Professor Nagan’s class, almost all of the films will also apply to his class as background.

I. Chilé

1. “Missing” (1982; Jack Lemmon & Sissy Spacek)

2. “The House of the Spirits” (1994; Meryl Streep)



II. South Africa

1. “Mandela” (1987; Danny Glover & Alfie Woodard)

*2. “Cry Freedom” (1987; Denzel Washington & Kevin Kline)

3. “Cry, The Beloved Country” (1995; James Earl Jones & Richard Harris; alternatively 1951 vers. with Sidney Poitier)

4. “One Man’s War” (1990; Anthony Hopkins)



III.
Dominican Republic

*1.
“In the Time of the Butterflies” (2001; Selma Hayek)



IV. El Salvador

1. “Romero” (1989; Raul Julia)

2. “Salvador” (1986; James Woods & James Belushi)



V. Sexual Orientation

1. “Philadelphia” (1993; Tom Hanks & Denzel Washington)

2. “And The Band Played On” (1993; Don Francis & Matthew Modine)



VI. Antisemitism & the Holocaust

**1. “Conspiracy” (2001; Kenneth Branagh & Stanley Tucci) (HBO production)

**2. “Sunshine” (2000; Ralph Fiennes)

*3. “Out Of The Ashes” (2003; Christine Lahti & Bruce Davison)

*4. “The Grey Zone” (2002; David Arquette)

5. “Prisoner of Honor”(1991; Richard Dreyfuss) -- the true story of Capt. Alfred Dreyfus affair

*6.
“Rosenstrasse” (2004; Doris Schade)



VII. Rwanda

1. “Sometimes in April” (2005; Idris Elba) (HBO production)

2. “Hotel Rwanda” (2004; Don Cheadle)



VIII. United States

1. “Miss Evers’ Boys” (1997; Alfie Woodward & Laurence Fishburne)

2. “The Affair” (1995; Courtney Vance)

3. “Assault at West Point” (1994; Samuel Jackson & Sam Waterston)

*4.

“Slavery and the Making Of America”: Part 1 - The Downward Spiral & Part II - Liberty In The Air. (PBS production, which I am trying to bring this with me.) See also “Slavery and the Making of America” webpage, http://www.pbs.org/wnet/slavery.

**5.
“Rosewood” (1997; Ving Rhames)



IX. The Former Yugoslavia

*1. “Savior” (1998; Dennis Quaid)

2. “Welcome To Sarajevo” (1997; Stephen Dillane & Woody Harrelson)

3. “Witnesses” (2004; Mirjana Karanovic)



X. Women

1.

“Death of a Princess” (1980; Suzanne Abou Taleb) (PBS/Frontline production). See also “Death of a Princess” webpage, http://www.pbs.org/wgbh/pages/frontline/shows/princess.


Course Reading Materials

(other, not yet designated to outline topic)

A.   International Human Rights:  United Nations Documents
  1. United States Constitution [pdf]
  2. South Africa Constitution [pdf]
  3. UN Charter [pdf]
  4. International Covenant on Civil and Political Rights [pdf]
  5. Convention on the Suppression and Punishment of the Crime of Genocide [pdf]
  6. African [Banjul] Charter on Human and People's Rights [pdf]
  7. Statute of International Court of Justice [pdf]
  8. Procedure for Dealing with Communications Relating to Violations of Human Rights and Fundamental Freedoms [pdf]
  9. Charter of the Organization of African Union [pdf]
B.   Other
  1. Kadic v. Karadzic, 70 F.3d 232, cert. denied (1996) [pdf]
  2. "Hating the Jew: spurred by developments in the Middle East and elsewhere, worldwide anti-Semitic violence spiked up sharply last year," Intelligence Report, Issue 101, pp. 29-31, Spring 2001 [pdf]
  3. "Holocaust Denial -- It's Official:  David Irving Is 'Pro-Nazi'," Intelligence Report, Issue 98, p. 3, Spring 2000 [pdf]
  4. "Back to Its Roots:  Olivet College, founded as an abolitionist institution, was one of the first to face widespread campus hate - and to react," Intelligence Report, Issue 98, p. 15, Spring 2000 [pdf]
  5. "Hate on Campus:  Hate Goes to School," Intelligence Report, Issue 98, pp. 7-8, Spring 2000 [pdf]
  6. Robert Scheer, "Connecticut's Brave Step Into the Future," The Week, Vol. 5, Issue 206, p. 14, May 6, 2005 [pdf]
  7. "Return to Bosnia:  A million refugees await conditions for a safe return to their pre-war homes," Amnesty Now, p. 1, Fall 2000 [pdf]
  8. Barbara Woodhouse, "The Constitutionalization of Children's Rights: Incorporating Emerging Human Rights into Constitutional Doctrine," 2 U. Pa. J. Const. L. 1 (1999) [pdf]
  9. Barbara Woodhouse, "From Property to Personhood: a Child-centered Perspective on Parents' Rights," 5 Geo. J. on Fighting Poverty 313 (1998) [pdf]
  10. Berta Hernandez, "Querying Lawrence," 65 Ohio St. L.J. 1151 (2004) [pdf]
  11. John Hernandez, “Outing in the Time of AIDS: Legal and Ethical Considerations,” 5 St. Thomas L. Rev. 493 (1993) [pdf]
  12. Michael Closen et al., “Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws,” 46 Ark. L. Rev. 921 (1994) [pdf]
  13. U.S. Sterilization Case:  Buck v. Bell, 274 U.S. 200 (1927) [pdf]
  14. Pregnancy Discrimination Act [pdf]
  15. Melissa Stull, "Permissible Sex Discrimination in Employment Based on Bona Fide Occupational Qualifications...," 110 A.L.R. Fed. 28 [pdf]
  16. International Union et al. v. Johnson Controls, 499 U.S. 187 (1991) [pdf] (in class action brought challenging employer's policy barring all women, except those whose infertility was medically documented, from jobs involving actual or potential lead exposure, the Court held that employer's policy was facially discriminatory, and employer did not establish that sex was a bona fide occupational qualification)
  17. "Equality and the Constitution" (Chap. 5), in Constitutional Law, 5th ed. (Stone et al., 2005), pp. 99-148 [pdf]
  18. "Implied Fundamental Rights" (Chap. 6), in Constitutional Law, 5th ed. (Stone et al., 2005), pp. 172-195 [pdf]
  19. "Due Process of Law" (Chap. 5), in Constitutional Law:  In a Nutshell, 4th ed. (Barron & Dienes, 1999) [pdf]
  20. "Equal Protection" (Chap. 6), in Constitutional Law:  In A Nutshell, 4th ed. (Barron & Dienes, 1999):  Part 1 [pdf] & Part 2 [pdf]