COURSE SYLLABUS FOR SPRING 2005 HUMAN RIGHTS

Political Science 222 3 Ug, Credits

Mon. Wed. Fri. 11-11:50. Baldwin 755

http://homepages.uc.edu/~tolleyhb/

Course Description:

The Al Qaeda crimes against humanity of 9/11/01 led to the incommunicado detention of suspected enemy combatants whose appeals were decided by the U.S. Supreme Court in June 2004 decisions resulting in further litigation. Does prevention of terrorism require a sacrifice of human rights? Fifty years after the U.N. adopted the Universal Declaration of Human Rights, realists conclude that security and economic interests still trump human rights. Idealists envision an emerging new world order with inter-state and non-governmental organizations that advance fundamental freedoms, including personal security. This course offers an introduction to human rights in history, political theory, U.S. foreign policy, and international relations, law and organization. Students should have taken the prerequisite introduction to international relations POL 180, but exceptions will be made, especially for those needing this required course for the new international human rights certificate. The class meets General Education Breadth of Knowledge distribution requirements in Social Sciences and Social and Ethical Issues.

Required Texts:

Jack Donnelly, Universal Human Rights in Theory and Practice, 2 nd ed.2003

Thomas Buergenthal, International Human Rights in a Nutshell 3 rd ed. 2002

William Schulz, Tainted Legacy: 9/11 and the Ruin of Human Rights 2003

Instructor:

Howard Tolley, Jr., Crosley 1114, ex 556-3316, Office Hours: Wed + Fri. noon-2 pm email: Howard.Tolley@uc.edu In addition to assisting students in this course, the instructor is available for academic advising and placement counseling for pre-law students, political science and international affairs majors, Mock Trial, Semester-at-Sea, Co-op, internships, and Model UN. Go to http://homepages.uc.edu/~tolleyhb for links to advising references. Human Rights Certificate info http://www.law.uc.edu/morgan/ihrc/index.html

Requirements: Per Cent of Final Grade

Class Attendance, 5% 28 points

Participation, Recitation 5% 22 points

2 THRO Homework Exercises 8% 30 points

Paper outline, bibliography, counter argument 4% 15 points

Research /advocacy Paper 25% 100 points

Mid-Term Test 25% 100 points

Final Examination* 30% 120 points

Students should expect to spend two hours in outside preparation for each one hour class meeting. The instructor will call on students each class for answers to questions on the reading--come prepared. Students in the honors program may arrange a writing contract for the paper. Instructor’s grade distribution in 9 classes, Summer 2000—Winter 2002 (13% W passing not included):

A: 16%; A-: 4% B+: 4.3% B: 34% B-: 5%-29%; C+ 9.7%; C: 17% C-: 5.8% D: 1%; UW: 3.3%

Withdrawal Policy:

Students who withdraw by Monday May 4 will all be assigned a grade of "W", even if they have not attended class or done any assignments. Thereafter, any student who is failing will be recorded as "withdraw-F". Under university policy, a student who is passing can still withdraw online up until May 24 without penalty. Failing students who withdraw online will be assigned an F.

Attendance Policy:

Regular attendanceis expected and is essential for participation/recitation. In exceptional circumstances every student will need to miss class for reasons they alone determine. No explanation must be given--there are no excused or unexcused absences. All absences are treated equally. No specific number of absences results in a grade penalty. Points earned by class attendance, recitation and participation are added together with scores from all assignments and exams to compute a point total that determines a final grade. A student attending 90% of the classes (26 of 29) would have an "A" grade for the attendance component. After missing a class, always check with a classmate for notes and special announcements.

In-Class Recitation and Tests

The instructor will regularly call on students in class to answer questions based on the assigned readings from the text. About two-thirds of the comprehensive final exam will cover material assigned after the mid-term.

Online Conferencing:

Blackboard, an internet classroom assistant, will be used for email, link sharing and an electronic bulletin board for posting messages/papers. Activate your Blackboard account by going to http://www.uc.edu/blackboard/ and clicking on the "create an account" link. Enter a valid email address. After clicking “submit” you will receive a confirmation message with assigned username and password. Log on and if not automatically enrolled already then register by going to this class from the A&S course list and clicking on "enroll". Once registered, post a one paragraph bio of yourself following the links for Student Tools and Create a Web page.

Email . All students who do not use the email address supplied by U.C. should go to bearcat on line http://email.uc.edu/usertool/ and give a forwarding address to the destination where they want email delivered. The Political Science department Director of Undergraduate Programs will communicate with all majors about opportunities for scholarships and awards, special events, internships and conferences, as well as changes to requirements for the major. All majors should provide an email address at http://www.artsci.uc.edu/polisci/index.html

Two Homework Exercises

All students will complete two of the three assigned Teaching Human Rights Online (THRO) problems by printing out scored interactive exercises from the internet. Students who have done any of the cases in a prior class should choose an alternate problem for homework, All students completing the homework will receive full credit no matter what their score. Those who click ahead to find the correct answers will only cheat themselves of a learning opportunity.

Outline, Bibliography, and Counter Argument

All students must submit a draft outline of their paper along with a preliminary list of references , and 200 word summary of the opposing view. In addition to the course texts, the bibliography should include secondary sources such as a journal article providing scholarly analysis and original/primary sources—judicial decisions, briefs by parties or interest groups, government documents. Follow press reports of cases being argued in the Supreme Court.

Advocacy Paper

Each student must complete an advocacy paper of 4-6 typed pages from one of the three assigned THRO cases or from one of the enemy combatant detention cases before the U.S. Courts. The THRO internet text provides basic information needed along with a reference bibliography, and students are expected to examine relevant materials from the texts, online or on Langsam reserve. The texts identify appropriate references at the end of each chapter, and basic treatises are on Langsam Reserve. The instructor’s homepage has links that access treaty texts as well as U.N. and other documents. http://homepages.uc.edu/~tolleyhb/

Advocacy arguments should be well supported with citations and notes to assigned readings, treaties and other legal references. A reference page should list separately all primary and secondary sources consulted, including course texts. All papers must provide footnotes and a complete list of references using the same citation style for books, court cases, internet sites, and journal articles found in the Donnelly text pp. 260-86. In addition to http://www. . . . indicate the source, author if provided, title of the material and the most recent date of your internet visit.

Work Groups : Students conducting research on the same issue will participate in a group discussion on the day the rough draft is due in class and may collaborate on advance research. Papers may be collaborative projects with co-counsel or other members of a team as long as each student completes a distinct paper for an individual grade.

Two Warnings: 1) Plagiarism is an automatic F, and the instructor will use tracking software to identify copied material. Examples of unacceptable plagiarism can be reviewed at: http://www.indiana.edu/~wts/wts/plagiarism.html#original U.C. procedures and penalties for academic misconduct are detailed at www.soa.uc.edu/life/conduct. UC library help is at http://www.uc.edu/cetl/plagiarism.html 2) Papers turned in after the deadline will receive no more than 50% credit and cannot earn a passing grade.

Oral Argument.

Selected students and volunteers will make a 5 to 10 minute oral argument in a class debate on the case. Draft arguments must be posted on Blackboard the day before class debatefor advance preparation. Submit a printed version in class.

Assignments: Subject to change at the instructor’s discretion

STUDENT INFORMATION FORM FOR HUMAN RIGHTS 2005

Name ____________________________________ Year/Class ________________

Major ___________________ E-mail address _______________________________

College at U.C. _________________________ U.C. Honors Scholars Program? YES NO

Registered

Home City and State __________________________________ Voter? YES NO

Related Coursework--Check courses taken

International Politics Judicial Process International Organization

Comparative Government International Law Constitutional Law

Other ______________________________________________________

Total number of credit hours to be taken at U.C. this term: ____________ Pre-Law? YES NO

If employed, how many hours per week during this term: _________________

Do you want this course as a requirement for the international human rights certificate? YES NO

Would you like a training session in how to use internet and Lexis to access treaties, journal articles, and international legal materials? YES NO

Interested in the 3 credit intern practicum for Summer 2005 (April 11 application deadline) YES NO

Interested in representing Denmark at November American Model U.N. in Chicago YES NO

Interested in joining Political Science Student Association or Amnesty International (circle)

ADVOCACY PAPER OPTIONS

Students should not repeat a THRO case done in a prior class, but may do an enemy detainee case from a prior class if they argue in this class for the other party. Identify your choice for the advocacy paper, oral argument, and simulation by selecting two of the following problems and then:

1. Circle either 1 st or 2 nd to indicate any preference for class debate

2. Check A or B for each case to identify preferred advocacy perspective—supporting or opposing a grievant's claim

UC Class Date

4/281 st 2 nd Sanctions or Engagment? SLORC and Myanmar ___ A. Advocate for US engagement

___ B. Advocate for sanctions

4/28 1 st 2 nd Terrorism and Human Rights in India Rao’s Dilemma

___ A. Advocate for counter terrorist security measures

___ B. Advocate for human rights reform

5/13 1 st 2 nd Shah Bano: Muslim Women’s Rights

___ A. Advocate for Muslim minority group rights

___ B. Advocate for Shah Bano and women’s rights

5/24 1 st 2 nd Hamdan v Rumsfeld (Guantanamo)

___ A. Advocate for US military detention of enemy aliens

___ B. Advocate for judicial review of US center in Cuba

5/24 1 st 2 nd Rumsfeld v Padilla

___ A. Advocate for US suspension of habeas corpus

___ B. Advocate for US national denied lawyers and hearing

On the back of this form, please provide whatever additional information you care to share that might be relevant: schools previously attended, law related experience, employment, internships, club or organization memberships, travel, other interests, strengths, weaknesses.

Special Needs: Individuals with learning disabilities or a physical handicap should arrange with the instructor for necessary accommodations in class and/or assignments and examinations. On a Blackboard personal webpage you may share a mini-bio for review by others in the class.

HUMAN RIGHTS ADVOCACY PAPER ASSIGNMENTS

Terrorism and Human Rights in India Rao’s Dilemma Papers due Wed 4/27 + class debate

Advocate for counter terrorist security measures: Karina Beecher, Mark Evans and Rachelle Smith

Advocate for human rights reform: Andrea Hedlund and Grace Murdock

Shah Bano: Muslim Women’s Rights Papers due Friday 5/13 + class debate

Advocate for Muslim minority group rights: Erin Chandler and Kristin Weiss

Advocate for Shah Bano and women’s rights: Jennifer Leake, Christine Lamitina, and Ya-Sin Southall

Sanctions or Engagment? SLORC and Myanmar Papers due Wed 5/18 + class debateAdvocate for US engagement: Jon Henkel, Kevin Buntrock, John Lynch

Advocate for sanctions: Rebecca Cohen, Chris Cornelius, ?Alan Grove?

Hamdan v Rumsfeld (Guantanamo) Papers due Monday 5/23 + class debate

Advocate for US military detention of enemy aliens: Rebecca Cohen, John Haynes and Caroline Hyatt

Advocate for judicial review of US center in Cuba: Alex Bowman, Danielle Lyons, Pete Wood

Rumsfeld v Padilla Papers due Monday 5/23 + class debate

Advocate for US suspension of habeas corpus: Nicholas Coorey and Ashley Hartz