Remembering recent Georgia Law visit by Judge Patricia Wald (1928-2019)

Over the last decade it was my honor on occasion to invite Judge Pat Wald to join in a project, to contribute a writing or to speak at an event. Invariably she accepted with the same wry caveat: “Yes, if I am still here by then.” Happily she always was still “here,” enlivening every project to which she contributed. But now she is not. News media reported that Patricia Anne McGowan Wald died in her Washington home yesterday, having succumbed at age 90 to pancreatic cancer.

Many obituaries will focus on her prodigious and inspiring career in the United States: her journey, from a working-class upbringing in a single-parent family, to practice as a lawyer on child rights and in the Department of Justice, to service, in the District of Columbia Circuit, as the 1st woman Chief Judge of a U.S. Court of Appeals, and quite recently, as an Obama appointee to the Privacy & Civil Liberties Oversight Board.

We international lawyers also will recall Wald’s fierce service as a judge on the International Criminal Tribunal for the former Yugoslavia. There, she took part in noted judgments, among them a genocide conviction in Prosecutor v. Krstić and a “turning point” appellate ruling in Prosecutor v. Kupreškić.

Even after retiring from the ICTY, Judge Wald championed international criminal justice, placing particular emphasis on women. It was my privilege to welcome her interventions on these subjects, and at times to aid publication of her contributions (Pat’s computer savvy was, it must be said, rudimentary).

Just last year, our Georgia Journal of International & Comparative Law was honored to publish Pat’s essay “Strategies to Promote Women’s Participation in Shaping International Law and Policy in an Era of Anti-Globalism,” based on remarks she’d given here at the University of Georgia School of Law Dean Rusk International Law Center. They were a highlight of our 10th birthday conference for IntLawGrrls blog, not least because Pat referred to us assembled scholars and practitioners as “you ‘young people’ in the room.” She traced the beginnings of international criminal justice, then said:

“I do not suggest that the process of integrating women as upfront participants in international courts, let alone the inclusion of the crimes most commonly committed against women as worthy subjects of international criminal law jurisprudence, has been completed. More accurately, these developments had just gotten off to a reasonable start at the moment that global politics seem to have begun to shift toward a so-called anti-globalist populism. My central point, therefore, is that we must strategize in the face of a desired, yet elusive future.”

Her strategies: ally to strengthen international law, international legal education, and global-mindedness in many sectors, including the arts; “protec[t] the venues in which women have had significant impact,” including the International Criminal Court and related forums; and work globally to raise women’s awareness “about educational opportunities, rights to land ownership and profits, how to start a small business, how to farm efficiently, how to participate in voting or run for office, and about legal rights to divorce or separation.”

Issues like these were prominent in a special issue of the International Criminal Law Review, “Women and International Criminal Law,” dedicated to the Honorable Patricia M. Wald, for which I served as a co-editor along with Jaya Ramji-Nogales, Beth Van Schaack, and Kathleen A. Doty. Wald herself wrote on “Women on International Courts: Some Lessons Learned” for vol. 11 no. 3 (2011). And as shown in that issue’s table of contents, additional contributors included many whom Judge Wald’s life and work had touched: Supreme Court Justice Ruth Bader Ginsburg and Harvard Law Dean Martha Minow, along with Kelly Askin, Karima Bennoune, Doris Buss, Naomi Cahn, Margaret deGuzman, Katharine Gelber, Laurie Green, Nienke Grossman, Rachel Harris, Dina Francesca Haynes, Jennifer Leaning, David Luban, Rama Mani, Jenny Martinez, Fionnuala Ní Aoláin, Katie O’Byrne, Lucy Reed, Leila Nadya Sadat, and David Tolbert. The issue stemmed from a 2010 roundtable (pictured below) that then-Executive Director Elizabeth “Betsy” Andersen hosted at the American Society of International Law, an organization Judge Wald long supported.

Pat’s support for IntLawGrrls predated this event. In 2009, she had contributed a trilogy of essays to the blog: 1st, “What do women want from international criminal justice? To help shape the law”; 2d, “What do women want? Tribunals’ due attention to the needs of women & children”; and 3d, “What do women want? International law that matters in their day-to-day lives”.

In keeping with the blog’s practice at that time, Pat dedicated her IntLawGrrls posts to a transnational foremother, “a wonderful German/Jewish woman, Gisela Konopka,” a University of Minnesota social work professor with whom Pat had collaborated in a lawsuit against the Texas Youth Authority. In her lifespan of 93 years, Konopka, Wald wrote, “fought in prewar Germany for children’s rights, was put in a concentration camp, managed to get out and work her way through occupied Europe to America, where she became the champion of children, especially girls, who got in trouble with the law.” Explaining how Konopka had influenced her, Judge Wald penned a sentence that today does service as her own epitaph:

“She inspired me as to what an older woman can do right up to the point of departure to help those behind.”

(Cross-posted from Diane Marie Amann)

Georgia Law Professor Diane Marie Amann profiled by ATLAS women

img_2013cropProfessor Diane Marie Amann, holder of the Emily & Ernest Woodruff Chair in International Law here at the University of Georgia School of Law and our Center’s Faculty Co-Director, was profiled at ATLAS yesterday, in a post written by the organization’s co-founder, barrister Sareta Ashraph.

ATLAS, which stands for “Acting Together: Law, Advice, Support,” is a community of female-identifying lawyers, activists, and jurists with expertise in public international law. Founded in 2012, the organization aims to create a space where women in the field can reach out to each other for information, career advice, and mentoring. ATLAS builds upon and is complementary to the ethos of IntlLawGrrls, a blog Amann founded in 2007. Her charter coeditors, as she notes, were Beth Van Schaack, Jaya Ramji-Nogales, and our Center’s Director, Kathleen A. Doty. Amann joins 8 other women so far featured by ATLAS.atlas+empowered+women+empower+women

In her profile, Amann reflects on her career path and its high points, including teaching, working with inspirational people such as Mireille Delmas-Marty, clerking for U.S. Supreme Court Justice John Paul Stevens, and serving as Special Adviser on children’s issues to Fatou Bensouda, Prosecutor of the International Criminal Court. Amann also comments on diversity of the profession, noting:

“Many (or perhaps, only some) in the profession have become more aware and more vocal on the need for diversity when it comes to gender, race, ethnicity, and sexual orientation. That has not yet translated into a level of progress that is both right and required. At the same time, there have been far fewer conversations, and less awareness, of the lack of diversity within our profession when it comes to class. There seem to be few international lawyers who come from a working-class background, who are in their family’s first college-going generation.”

Amann goes on to offer advice to young women hoping to work in international law: follow your heart; move towards the positive; never stop learning; build a network of friends and mentors; build skills; and find time to do the things that make you happy.

Read the full profile here.

Professor Amann’s draft “Glimpses of Women at the Tokyo Tribunal” @ SSRN

Coomee Rustom Strooker-Dantra, 1937 (credit)

I’m very pleased to have posted a draft of my most recent paper, Glimpses of Women at the Tokyo Tribunal, online. The work arises out of my ongoing scholarly research into the roles that women and others played in the post-World War II international criminal trials. (prior posts) This research focuses primarily on trials at Nuremberg rather than at Tokyo; however, as this essay indicates, the issues and even the personnel in the two forums overlapped considerably.

Many women are brought to the fore in Glimpses; for example: 5 American lawyers, Virginia Bowman, Lucille Brunner, Eleanor Jackson, Helen Grigware Lambert, Grace Kanode Llewellyn, and Bettie Renner; 1 Dutch lawyer, Coomee Rustom Strooker-Dantra, who had been born in what is now Myanmar; and 1 American, memoir-writer Elaine B. Fischel, who assisted defense counsel but did not herself  become a lawyer until after her Tokyo service.

From left, Eleanor Jackson, Virginia Bowman, Grace Kanode Llewellyn, Bettie Renner, and Lucille Brunner, in Los Angeles Times, 15 April 1946 (credit)

Other women also figure – including some who have been introduced into the Tokyo narrative through a documentary, a feature film, and a miniseries, each analyzed in the essay.

Intended as a chapter in a forthcoming essay collection marking the 70th anniversary of the Tokyo Trial judgment, this draft manuscript forms part of the Dean Rusk International Law Center Research Paper Series at SSRN. It may be found in numerous SSRN sites, including the International, Transnational and Comparative Criminal Law eJournal, of which I am the Editor-in-Chief. I was honored to have presented it during last November’s American Society of International Law Midyear Meeting Research Forum at UCLA Law.

Here’s the abstract:

Compared to its Nuremberg counterpart, the International Military Tribunal for the Far East has scarcely been visible in the seven decades since both tribunals’ inception. Recently the situation has changed, as publications of IMTFE documents have occurred alongside divers legal and historical writings, as well as two films and a miniseries. These new accounts give new visibility to the Tokyo Trial – or at least to the roles that men played at those trials. This essay identifies several of the women at Tokyo and explores roles they played there, with emphasis on lawyers and analysts for the prosecution and the defense. As was the case with my 2010 essay, “Portraits of Women at Nuremberg,” the discussion is preliminary, offering glimpses of the Tokyo women in an effort to encourage further research.

The full manuscript may be downloaded here.

Elaine B. Fischel with Tokyo defense counsel, 12 September 1946 (credit)

(cross-posted from Diane Marie Amann blog)

Immigration, guest worker law, IntLawGrrls blog featured in new issue of Center’s SSRN research series

The latest edition of our Dean Rusk International Law Center Research Paper Series is now available at the Legal Scholarship Network of SSRN, the Social Science Research Network.

The series is a joint project of two University of Georgia School of Law units: our Center, plus our law school’s Alexander Campbell King Law Library. Series Editor-in-Chief is Thomas Striepe, the library’s Associate Director for Research Services.

To be found in this edition, Vol. 4 No. 2 of the series:

► Abstracts of two articles by Georgia Law Professor Jason A. Cade, an expert on immigration law:

► The other two abstracts arise out of the March 2017 conference held here at Georgia Law to commemorate the 1st decade of IntLawGrrls, a still-thriving blog that Georgia Law Professor Diane Marie Amann, our Center’s Faculty Co-Director, founded in March 2007:

These and all papers in our Dean Rusk International Law Center Research Series may be found here.

Register now for inaugural Women’s Leadership in Academia Conference, to be held July 19-20 at Georgia Law

Women law professors, librarians, and clinicians in, or interested in, leadership positions are invited to take part in the inaugural Women’s Leadership in Academia Conference, to be held July 19-20, 2018, here the University of Georgia School of Law in Athens, about 65 miles northeast of Atlanta.

Keynote speakers will be Kellye Testy, former Dean of the University of Washington School of Law, who serves as President and CEO of the Law School Admission Council (LSAC is a conference sponsor), and Professor Libby V. Morris, Director of the Institute of Higher Education and Zell B. Miller Distinguished Professor of Higher Education, as well as a former interim provost, at the University of Georgia.

Session speakers will include Hari M. Osofsky, Dean at Penn State Law; Sonja West and Emma Hetherington, Georgia Law; RonNell Anderson Jones, Utah Law; Dahlia Lithwick, Slate; Mary-Rose Papandrea, North Carolina Law; Lisa Radtke BlissAndrea A. Curcio, and Jessica Gabel Cino, Georgia State Law; Raye Rawls, University of Georgia J.W. Fanning Institute for Leadership Development; Claire Robinson May, Cleveland State Law; KerryAnn O’Meara, University of Maryland College of Education;  Tim McFeeley, Isaacson, Miller; Lucy A. Leske, Witt/Kieffer; Laura Rosenbury, Dean at Florida Law; Hillary Sale, Washington University-St. Louis Law; and Melanie Wilson, Paula Schaefer, and Joy Radice,  Tennessee Law.

The conference will focus “on building skills and providing tools and information that are directly applicable to women in legal education looking to be leaders within the academy.” As detailed in the full conference program, session topics will include:

  • #MeToo and the Legal Academy
  • Exploring the Value of Female Mentoring Relationships to Cultivate Law School Leadership
  • Strategies for Conflict Management and Dialogue
  • Engendering Equality Within Your Institution: Establishing a Women’s Committee to Achieve Meaningful Change
  • Addressing Gender Disparities in Institutional Service Workloads
  • Academic Search Process Panel
  • Negotiation Strategies
  • Leadership Challenges and Solutions over the Course of a Career
  • Deans Panel

For registration and other details, see here. And act now: the hotel bloc will close in a few days.

Georgia Law Professor Amann presents “A New History of the Nuremberg Trials” at Oxford University’s Bonavero Institute of Human Rights

We’re pleased today to cross-post this report from Professor Diane Marie Amann, Emily & Ernest Woodruff Chair in International Law and Faculty Co-Director here at the Dean Rusk International Law Center, University of Georgia School of Law, who undertook research-intensive semester this spring:

OXFORD – A capstone of my Hilary-Trinity Term visit here took place yesterday, when I presented “A New History of the Nuremberg Trials: Figuring Women and Others into the Narrative” to law students and faculty who gathered at the Bonavero Institute of Human Rights, located at Oxford University’s Mansfield College. The Oxford Transitional Justice Research network cosponsored.

Professor Kate O’Regan, director of the institute and a former judge on the Constitutional Court of South Africa, opened my Research Visitor Seminar. Then came my  presentation of my research on the roles women played at Nuremberg – not only the Trial of the Major War Criminals before the International Military Tribunal, but also the 12 subsequent American trials before what are known as the Nuremberg Military Tribunals. Next, Dapo Akande, Professor of Public International Law at Oxford’s Blavatnik School of Government, offered discussant’s remarks before opening the floor for a stimulating round of Q&A.

I’m grateful to all at the Institute for this event and the hospitality I’ve enjoyed during my stay at a Bonavero Research Visitor and Mansfield College Visiting Fellow. Grateful, too, for the opportunities I’ve had to present this work elsewhere in Europe, at the Irish Centre for Human Rights at the National University of Ireland Galway, University of Stockholm, University of Göttingen, and Max Planck Institute Luxembourg.

Jane Addams and Belva Ann Lockwood, et al., the newest members of ASIL

A warm welcoming of new members highlighted the recent annual meeting of the American Society of International Law.

Those welcomed included two luminaries – a Nobel Peace Prizewinner and a U.S. Presidential candidate – plus untold others, as reflected in this resolution, adopted by ASIL’s General Assembly:

RESOLVED,

That the American Society of International Law, wishing to provide recognition and posthumous redress to women who were excluded from membership in the Society during its early years, hereby confers membership on JANE ADDAMS, BELVA ANN LOCKWOOD, and any other women whose applications for membership were denied from 1906-1921.

FURTHER RESOLVED,

That the Society should undertake additional research to determine which members of other groups also were excluded from membership over the course of the Society’s history, and merit similar redress.

ASIL President Lucinda A. Low (left) introduced the resolutions, one of her last acts before handing the presidency to Professor Sean D. Murphy. Low, a partner at Steptoe & Johnson LLP, acted in response to a member inquiry – an inquiry prompted, as Low told ASIL members, by “International Law and the Future of Peace,” the speech I gave upon receiving the 2013 Prominent Woman in International Law award of ASIL’s Women in International Law Interest Group. As I indicated in that speech, original credit is owed to yet another ASIL President: Professor Alona Evans (below left), the 1st woman elected to lead the Society, in 1980, her tenure cut short by her death at age 63 that same year.

Six years earlier, Evans and Carol Per Lee Plumb had published “Women and the American Society of International Law” in the American Journal of International Law. They reported that ASIL, founded in 1906, had refused women’s applications for membership until 1921, the year after the U.S. Constitution was amended to give women the right to vote. Applicants before that time included:

► Lockwood (1830-1917) (top, middle), an attorney-activist who gained admittance to the District of Columbia bar in 1873 thanks to the intervention of U.S. President Ulysses Grant. Thereafter, she became the 1st woman to appear on an official ballot as a candidate for U.S. President, and also the 1st to argue a case before the U.S. Supreme Court.

► Addams (1860-1935) (top, right), the Chicago settlement house leader whose achievements including chairing the 1915 International Congress of Women at The Hague and serving and the 1st President of the Women’s International League for Peace and Freedom. She would earn the Peace Prize in 1931.

According to Evans’ co-authored article, when Addams sought ASIL membership, she was sent a letter in which she was “invited, instead, to subscribe to the Journal ‘for the same amount as the annual dues ….’” That letter constitutes one of the few remaining records of such applications; it is for this reason that the 2018 Resolution refers to all women, known and unknown, who were denied membership.

Similarly lacking is evidence of how members of other groups fared in ASIL. (The sole African-American person elected ASIL President, C. Clyde Ferguson Jr., served just before Evans.) The Society has further resolved to seek this information and grant redress.

As for Evans, President Low indicated that the Society is considering how best to honor her legacy. These resolutions surely constitute a superb 1st step.

(Cross-posted from Diane Marie Amann)