I teach customary international law in Foreign Affairs and the Constitution, and a little bit in Federal Courts. But I don't teach it in Con Law I. I think it would be very difficult to do so when the students don't know anything about federal common law, and even harder in the many instances in which they won't have had Erie yet in Civil Procedure. I would worry that without those subjects as background, students would have a hard time following the serious debate about customary law's domestic status.
Ernie Young -----Original Message----- From: Jonathan Miller <[EMAIL PROTECTED]> To: [EMAIL PROTECTED] Date: Fri, 8 Aug 2003 06:26:21 PST Subject: Teaching Customary International Law in Con Law I With the discussion on the List about customary international law, I am curious if anyone else teaches anthing about customary international law as part of Constitutional Law I. I will be teaching Con Law for the first time this year -- after a ten year wait -- and plan to spend about 45 minutes of class time introducing students to customary international law and its function as a type of federal law as part of about 90 minutes of class discussing International Law and the Treaty Power. While obviously 45 minutes is not much, I suspect that over half of our students graduate without having even heard the phrase customary international law, and my feeling is that Constitutional Law I has to at least mention the concept. (Personally, I wish it were also part of the Bar Exam under the Constitutional Law heading.) Jonathan Miller Professor of Law Southwestern University School of Law --------------------------------------------- This message was sent using Endymion MailMan. http://www.endymion.com/products/mailman/
