Center for Global Justice Annual Report for Academic Year 2015-2016 by Regent University School of Law

Center for Global Justice, Human Rights, and the Rule of Law

Annual Report for Academic Year 2015-2016

Center for Global Justice, Human Rights, and the Rule of Law: 2015-2016 Annual Report

S. ERNIE WALTON, CGJ ACADEMIC & ADMINISTRATIVE DIRECTOR We are grateful for what the Lord has accomplished through us in just six years and excited about the new doors the Lord continues to open up. In this last year, we educated students in basic principles of human rights law from a biblical perspective, sent out seventeen fully-funded interns who donated thousands of pro-bono hours to human rights organizations and government agencies, completed legal projects for eleven different human rights organizations, and hosted a number of events, including our fifth annual symposium in partnership with the Journal of Global Justice and Public Policy. Please read more to see how God is using the Center for Global Justice, Human Rights, and the Rule of Law to accomplish His redeeming purposes in this fallen world. I also encourage everyone to support the Center by using http://smile.amazon.com/ch/541061178 and choosing "Regent University" as your charity. Shop as you normally would at Amazon, and 0.5% of your eligible purchases support the Center for Global Justice. - S. Ernie Walton Academic & Administrative Director Lecturer, School of Law

ÂŠ 2016 CENTER FOR GLOBAL JUSTICE, HUMAN RIGHTS, AND THE RULE OF LAW | REGENT.EDU/GLOBALJUSTICE

EXECUTIVE SUMMARY INTERNSHIPS - regent.edu/centerinterns ................................................ 4 The Center for Global Justice, Human Rights, and the Rule of Law Internship Grant Program provides both essential training opportunities for students who are called to become advocates for justice and great support to those working in the field. Students work on issues like combating human trafficking, protecting women and children, advancing the rule of law, securing religious freedom, and related human rights issues. To date, almost 150 interns have served. *Funding Needed: To sponsor 20 internships each summer, the Center requires $100,000.

STUDENT STAFF – regent.edu/studentstaff .......................................... 10 To provide Regent law students with additional practical experience in the legal protection of human rights, students volunteer with the Center each semester to present events and work on legal projects, such as writing reports, drafting amicus briefs, and conducting research projects. The projects involve the Center’s four focus areas—the rule of law, human trafficking, the protection of children, and religious freedom internationally—and are often conducted on behalf of other legal organizations around the world. *Funding Needed: to pay our graduate assistants to work on these projects, the Center requires $10,000.

COURSE OFFERINGS .............................................................................. 13 To help fulfill its mission to equip Christian advocates to promote the rule of law and seek justice for the oppressed and voiceless around the world, the Center for Global Justice, Human Rights, and the Rule of Law sponsors both traditional and experiential courses at Regent Law. *Funding Needed: To offer all the courses the Center wishes to offer at the School of Law each year, the Center requires $44,000.

SCHOLARSHIP ........................................................................................ 17 The Center for Global Justice, Human Rights, and the Rule of Law is committed to academic scholarship and seeks to engage the legal community on human rights issues from a biblical perspective. *Funding Needed: To fund the Journal and research for faculty articles, the Center requires $27,000.

SPECIAL EVENTS .................................................................................... 19 Each year the Center for Global Justice, Human Rights, and the Rule of Law sponsors numerous special events, including conferences, panel discussions, CLE programs, and symposia. The Center also recently launched its East Africa Initiative, which focuses on building the rule of law and protecting human rights in East Africa. *Funding Needed: To cover our events and East Africa Initiative, the Center requires $50,000.

INTERNSHIPS - regent.edu/centerinterns

2016 CGJ SUMMER INTERNS The Center for Global Justice, Human Rights, and Rule of Law Internship Grant Program provides students funded internships with legal organizations around the globe where they work on combating human trafficking, advancing the rule of law, protecting children, securing religious freedom, and related human rights issues. Through this program, students gain hands-on legal experience, and many learn firsthand what it is like to work as lawyers in another country. To date, almost 150 interns have served in countries including Austria, Bulgaria, Cambodia, France, Greece, Ghana India, Indonesia, Israel, Japan, Korea, Malawi, Mexico, Nepal, Russia, Rwanda, Romania, South Africa, Uganda, Ukraine, and throughout the United States. Through our internship grant program, the oppressed are receiving justice, students are gaining valuable legal experience, and the organizations working in the field receive an effective legal intern free of charge.

ÂŠ 2016 CENTER FOR GLOBAL JUSTICE, HUMAN RIGHTS, AND THE RULE OF LAW | REGENT.EDU/GLOBALJUSTICE

Here are some highlights from just a few of our summer 2016 interns working on our areas of focus. These interns were featured in Regent University’s Impact.

DEBBIE STIEGLITZ

Debra Stieglitz

Directorate of Public Prosecutions Child Sacrifice/Rule of Law, Uganda The rising second-year Regent Law student worked for the Directorate of Public Prosecutions (DPP), the equivalent of the Attorney General’s office, to fight child sacrifice, which is still a very real and dangerous problem in Uganda. This past winter, before Stieglitz traveled to Africa for her internship, a ministry there sent CGJ two cases seeking legal assistance. One was related to a girl named Hope who was kidnapped by a “witch doctor” when she was just 18 months old. Kept on his shrine for almost two years, Hope was subjected to unspeakable cruelty. As a result of this constant torture and poor living conditions, she now has severe cerebral palsy and requires 24/7 care just to survive.

When Stieglitz began her internship in Uganda this summer, she informed the assistant to the DPP about Hope’s case. “He was immediately interested in making sure this was handled properly so that Hope would get justice,” she says. “However, he questioned why the charge against the witch doctor was kidnapping with intent to cause grievous harm instead of kidnapping with intent to murder.” Stieglitz began researching the Ugandan penal code and suggested that the charge should have been kidnapping with intent to murder, which carries a maximum sentence of death, as opposed to 15 years for kidnapping with intent to cause grievous harm. She then wrote a legal opinion and submitted it to the head of the DPP. He agreed that the charges should be amended, so Stieglitz wrote a withdrawal and substitution form to be submitted to the court to amend the charges. “I am pleased to report that the Resident State Attorney and I went before the magistrate,” she explains, “and he accepted the withdrawal and substitute charge. … Hope’s case is not over yet, but the potential outcome is now greater than what it would have been.”

MORIAH SCHMIDT

MORIAH SCHMIDT Moriah Schmidt is another intern who worked in Uganda for the DPP this summer. During her time in the East African nation, Schmidt observed many differences between U.S. and Ugandan law. For instance, she found that due to inadequate compensation for police officers, the only way many victims see their perpetrator caught and arrested is if they pay the police themselves. “Imagine that you’re the victim of a robbery, rape, assault, or other crime and you go to the police for help,” the rising second-year law student suggests. “In order to get them to arrest the person, they insist on money for gas and their services. If you’re like most Ugandans, who don’t have extra money lying around for ‘little things’ like catching criminals, your chances of justice have just gone out the window.” Regarding Schmidt’s trip to Uganda, Ernie Walton, CGJ’s academic and administrative director, says, “It reignited her passion to serve the oppressed through law. She noted that after her first year of law school and all the classes and hard work, working in Uganda was a great reminder of why she is here and what her calling is.” © 2016 CENTER FOR GLOBAL JUSTICE, HUMAN RIGHTS, AND THE RULE OF LAW | REGENT.EDU/GLOBALJUSTICE

JOSUE CASANOVA

JOSUE CASANOVA Josue Casanova interned at the Jerusalem Institute of Justice (JIJ) in Israel. His work focused on protecting children. Casanova’s internship required him to research how Hamas, an Islamic terror organization, is allowing child labor in Gaza and using children for terrorism. “Since Hamas has been in power,” he explains, “poverty in Gaza has skyrocketed, forcing underage children to work. Hamas has also been indoctrinating Gazan children to kill Jews and be suicide terrorists.” Thanks to a paper written by the CGJ, JIJ realized that since Hamas has set itself up as the official government in Gaza it has all the obligations of being a government, too. So, while at JIJ, Casanova read different United Nations Conventions and researched what Hamas has been doing (or not doing) to see whether it violated those conventions.

He says the goal was to see if Hamas could technically be bound by international law, because by not meeting those obligations, they would be breaking the law: “Hamas has to provide sanitation, public safety, transportation — and yes — take steps to eliminate child labor and educate children to be tolerant of other races and religions, just like every other government in the world.” It costs about $5,000 to sponsor a CGJ summer intern. Without that sponsorship, most, if not all, of the students could not participate. Through the generosity of Regent friends and alumni, School of Law students gain valuable, real-world experience; frontline humanitarian and relief organizations receive quality, no-cost legal assistance; and, most importantly, the oppressed find justice. *Funding Needed: $100,000: Every year, the Center aspires to provide grants to at least 20 passionate law students to cover the costs of their internships. Sponsoring one intern generally costs $5,000. This funding is absolutely crucial. Without the grant, most, if not all, of the students would not be able to complete the internships.

STUDENT STAFF – regent.edu/studentstaff

2015-2016 CGJ STUDENT STAFF To provide Regent Law School students with additional practical experience in the legal protection of human rights, students volunteer with the Center each semester to work on legal projects, such as writing reports, drafting amicus briefs, and conducting research projects. The projects involve the Center’s four focus areas—the rule of law, human trafficking, the protection of children, and religious freedom internationally—and are conducted on behalf of other legal organizations around the world. The Student Staff has anywhere from 15-30 members each semester. Here is a selection of projects from 2015-2016. Click the “READ MORE” links for students’ first-hand experiences working with the legal projects.

Land and Equity Movement, Uganda Drafted a legal memorandum that summarized the Ugandan approach to proving customary law in court and argued that Uganda should scrap its approach and adopt the approach used by South Africa. The approach used in South Africa makes customary law much more accessible for those who wish to live under it.

National Center on Sexual Exploitation Began updating a 100-plus page legal manual that outlines how to constitutionally regulate sexually-oriented business. Once updated, the manual will be distributed free of charge to cities and other local governmental agencies wishing to adopt ordinances that effectively zone and regulate these businesses to help curb their negative secondary effects.

Shared Hope Drafted a legal memorandum that summarized all federal and state case law regarding how prosecutors and judges have dealt with “bottom girls.” “Bottom girls,” pimps’ top prostitutes, often engage in trafficking-related activities, but the problem is that they are often trafficking victims themselves. Our memo assisted Shared Hope in deciding how best to advocate for these survivors.

International Justice Mission Drafted various legal memoranda, including (1) one on how governments can effectively hold police officers accountable to the law with the goal that innocent victims will not suffer under corruption and the abuse of police powers and (2) another that compiled all Ugandan cases involved in land grabbing and identified the problems with prosecuting these cases.

Advocates International Drafted a legal memorandum that outlines the legal frameworks with respect to adoption and foster care and recommended how Nepal and Bangladesh can improve their child welfare systems. The memo summarized U.S. law, international guidelines, Nepal and Bangladesh law, and then recommended what changes Nepal and Bangladesh need to make to better protect children. Advocates used this memo at a conference run by World Without Orphans.

Jerusalem Institute for Justice (JIJ) Drafted a legal memorandum that detailed how the United Nations Relief and Works Agency for Palestine Refugees receives funding and argued that the continued funding of the organization likely violates U.S and international law. JIJ sent the memo to two United States senators.

Handong International Law School (HILS) The Center works with Handong International Law School to promote religious freedom and the rule of law in Mongolia. In the spring of 2016, the Center drafted a detailed legal memo that argued that Mongolia’s anti-proselytization law, which restricts even Christian schools from preaching the Gospel, violated Mongolia’s Constitution and its obligations under International Human Rights Treaties.

Get updates on Center staff work on our blog »

*Funding Needed: To pay our graduate assistants to work on these projects, the Center requires $10,000.

COURSE OFFERINGS To help fulfill its mission to equip Christian advocates to promote the rule of law and seek justice for the oppressed, the Center for Global Justice, Human Rights, and the Rule of Law sponsors both traditional and experiential courses at Regent Law. These courses include International Trafficking in Persons, International Development & the Rule of Law, Comparative Children’s Rights, NGO Creation & Management, the Child Advocacy Practicum and the Immigration Practicum. The Center also sponsors a Human Rights LL.M.

Faculty Highlight: Professor Jeffrey A. Brauch

JEFFREY A. BRAUCH, CGJ EXECUTIVE DIRECTOR Professor Brauch joined the Regent Law faculty in 1994. From 1999-2000, he served as the school's interim dean, and as dean from 2000-2015. Professor Brauch has taught International Human Rights; Foundations of Law; Torts; International Criminal Law; Negotiations; Human Rights, Civil Liberties, & National Security; and other courses. Much of his teaching, student mentoring, and writing is in the area of human rights and the rule of law. Brauch helped create the school's Center for Global Justice, Human Rights, and

the Rule of Law in 2010, and he now serves as its executive director. For many years he served as director of Regent's summer abroad program focusing on n International Law and Human Rights in Strasbourg, France. He and his wife Becky have four children, Cynthia, Melissa, Christina, and Jeffrey. Professor Brauch is an elder at New Covenant Presbyterian Church, and he and Becky lead the college and career ministry. Professor Brauch loves the music of Beethoven, European History, and the Green Bay Packers - not necessarily in that order.

Course Highlight: International & Comparative Human Rights The Human Rights course introduces students to the most important human rights treaties and the entities around the world tasked with enforcing them. Working in tandem with the Center, the course is a critical part of equipping the next generation of Christian advocates to promote the rule of law and seek justice for the world's downtrodden.

Other Courses Taught by Professor Brauch Human Rights, Civ. Lib, & National Security (co-taught with General John Ashcroft): Discussion of balancing the government’s responsibility to defend the body politic and its parallel duty to safeguard the rights of individuals. Exploration of the tensions of achieving security and freedom from Lincoln’s suspension of habeas corpus to Bush’s detention of terrorist combatants. International Criminal Law: The criminal law that applies across international borders, including key international criminal law tribunals from Nuremberg to the International Criminal Court and the substantive law of international crimes such as genocide, crimes against humanity, and war crimes. Foundations of Law: Jurisprudential survey of the Christian foundations of Anglo-American law, including the development of higher/natural law thinking, higher law influence on the development of the common law, the rise of modern legal philosophies and the influence of Christian and secular worldviews on the development of American law.

Article Highlight: Human Rights Protections in the Post-9/11 World, 31 QUINNIPIAC L. REV. 339 (2013).

In the years following the terrorist attacks of 9/11, as the United States and other nations prosecuted a global war on terror, the human rights community expressed fear that a post9/11 world might abandon or at least seriously weaken its protection of human rights. Among those fears was that the changed environment or political pressures might influence international institutions to weaken human rights standards in the name of promoting security or in acquiescing to a war-time anti-terrorism paradigm. This article attempts to assess whether, in the decade following 9/11, those fears were realized. It examines the response to terrorism and efforts to combat it by the following institutions: The European Court of Human Rights; the enforcement bodies of the Organization of American States; and various institutions of the United Nations. Have these institutions weakened human rights standards in response to the war on terror? Have they, for example, allowed for broader limitations of rights in the face of national claims that those limitations were needed to preserve national security? Have they broadened the circumstances under which nations may — for reasons of national security — derogate from human rights obligations? Have they given nations greater deference regarding the length or conditions of detention for individuals suspected of terrorism? Have they

approved more widespread or invasive government monitoring of electronic communications as part of their counter-terrorism efforts? The Article concludes that the answer to each of these questions is “no.” To the contrary, these human rights institutions have served as strong voices calling for full human rights protections in the face of the war on terror, sometimes in the face of nations seeking changes in the interpretation of human rights standards. *Funding Needed: To offer all the courses the Center wishes to offer at the School of Law each year, the Center requires $44,000.

SCHOLARSHIP The Center for Global Justice, Human Rights, and the Rule of Law is committed to academic scholarship and seeks to engage the legal community on human rights issues from a biblical perspective. Below is highlight from a recent article published by Executive Director Craig Stern.

Scholarship Highlight: Flawed Perfection: What it Means to be Human and Why it Matters by Jeffrey A. Brauch Every day we face challenges that seem intractable: from human trafficking and genocide to an ever-widening partisan gap over things like genetic engineering or the proper role of government. How are Christians to think about and confront such challenges? In Marred Perfection, I argue that we must start with a right understanding of human nature. The book’s premise is that getting human nature right is key to addressing the most pressing issues facing our nation and world.

The Journal of Global Justice and Public Policy

The Journal of Global Justice and Public Policy (JGJPP) is Regent University School of Law’s premier academic journal presenting original legal research related to the integration of faith and international human rights. The Center and Journal work together throughout the © 2016 CENTER FOR GLOBAL JUSTICE, HUMAN RIGHTS, AND THE RULE OF LAW | REGENT.EDU/GLOBALJUSTICE

school year on symposia and other events, and the Center provides the journal with material for print publications and online presence. was established in 2014 to fill the void in the global justice field by publishing articles, notes, comments, and book reviews by practitioners, professors, and students from a Christian perspective. The Journal of Global Justice and Public Policy

*Funding Needed: To fund the Journal and research for scholarly articles, the Center requires $27,000.

ÂŠ 2016 CENTER FOR GLOBAL JUSTICE, HUMAN RIGHTS, AND THE RULE OF LAW | REGENT.EDU/GLOBALJUSTICE

SPECIAL EVENTS To further the Center’s goals of equipping advocates for justice and of serving and supporting those working in the field, the Center sponsors a broad range of special events, including conferences, panel discussions, CLE programs, and symposia. Events from years past include panels of government leaders discussing immigration issues; CLE training for law enforcement and attorneys on humanitarian visas; a film screening and follow-up roundtable discussion of a documentary exploring the root causes of trafficking in various countries; a mini-symposium exploring each state’s laws regarding the sexual exploitation of minors; and the Center’s annual symposium fostering an academic and legal discussion of various human rights issues. Below are summaries of events from this past academic year.

Guardian Ad Litem CLE for Virginia Attorneys

The Center for Global Justice, Human Rights, and the Rule of Law was privileged to host the Virginia CLE's Representation of Children as a Guardian ad Litem program. This 7-credit CLE is required for all attorneys seeking to receive their certification as Guardians ad Litem in Virginia.

Positive and Negative Rights

REGENT LAW PROFESSOR CRAIG STERN One of the most confusing concepts surrounding the protection of human rights is that some of the nations with the greatest constitutions affording the greatest number of rights to its people have committed some of the most egregious human rights violations. Professor Stern’s lecture on positive and negative rights cast some light on why this has occurred.

Slaying Giants: If It Were Easy, Everyone Would Do It

DEAN MICHAEL HERNANDEZ AND ADMIRAL CLARK WITH CGJ STUDENT STAFF Every day we face challenges that seem nearly impossible to overcome. On October 12th, Admiral Vern Clark, former Chief of Naval Operations, addressed the Center for Global © 2016 CENTER FOR GLOBAL JUSTICE, HUMAN RIGHTS, AND THE RULE OF LAW | REGENT.EDU/GLOBALJUSTICE

Justice student staff and spoke to us about managing our expectations. He advised CGJ student staff to never run away defeated simply because something seems impossible. To stay focused, Admiral Clark urged every organization to continually ask the following questions: (1) Who are we as an organization? (2) What do we believe in? (3) What are we doing? (4) Where are we going?

The Center for Global Justice Hosts Pastor Peter Sewakiryanga of Kyampisi Childcare Ministries

ERNIE WALTON WITH PASTOR PETER SEWAKIRYANGA On October 8, 2015, Pastor Peter Sewakiryanga, Founder and Executive Director of Kyampisi Childcare Ministries, came to visit the Center and speak at Regent Law chapel.

Center for Global Justice, Human Rights, and Rule of Law Hosts Jesse Wiese

How often do you get to hear from a now-reformed, formerly convicted bank robber turned Christian lawyer, challenging you to think critically about the American criminal justice system? On September 15, law students and faculty had just that privilege when Regent Law alumnus Jesse Wiese spoke to them over lunch.

Women’s Rights Symposium

On March 4th, we, in partnership with the Journal of Global Justice and Public Policy, hosted our fifth annual symposium entitled, Women’s Rights: 50 Years After Griswold v. Connecticut. The symposium concluded with a banquet dinner called Justice for the Unborn. Abby Johnson, Former Planned Parenthood Director turned pro-life advocate, spoke at the dinner. Abby shared her incredible story and challenged us to believe that God can redeem. To watch Abby’s presentation, go here »

*Funding Needed: To fund our events and East Africa Initiative, the Center requires $50,000.

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Pray for Us Please pray for the Center's interns, our staff, and the organizations we support. If you are interested in praying for specific interns, please let us know and we will send you detailed information.

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Become a Partner If you are an advocate for the oppressed, we invite you to contact us. Please consider receiving and mentoring Regent interns, and let us know how we can best serve you and further your work. © 2016 CENTER FOR GLOBAL JUSTICE, HUMAN RIGHTS, AND THE RULE OF LAW | REGENT.EDU/GLOBALJUSTICE

Give Donations The Center needs financial resources to fund internships and meet operating costs. Give here or reach Mary Bunch at globaljustice@regent.edu or 757.352.4040 to discuss giving options.

AmazonSmile Also support the Center by using smile.amazon.com and choosing "Regent University" as your charity. Shop as you normally would at Amazon, and 0.5% of your eligible purchases support the Center for Global Justice, Human Rights, and the Rule of Law.

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Center for Global Justice, Human Rights, and the Rule of Law Regent University School of Law – RH 225L 1000 Regent University Drive | Virginia Beach, VA 23464 757.352.4660 globaljustice@regent.edu | regent.edu/globaljustice