I'm told I need to blog more. Rightly so.
So, I'll start with tonight. I was invited by Justice Mugenzi of the Supreme Court to attend a dinner hosted by the Supreme Court. If I recall correctly, it was at a restaurant called the Country Inn. Dinner was fantastic. It was buffet style, but there was a variation on the theme of steak au poivre, which is always a hit with me. The dinner was as a thank you for the several judges from lower instance tribunals who spent several months working at the Supreme Court to gain experience. And, I had a brief introduction for those who didn't know me, and what I was doing at the Court.
The majority if my night was spent speaking in French, and trying to follow along with the Kinyarwanda. But, it was fantastic. I'd say there were about five or six Supreme Court Justices, and the remainder of the ten or so present were judges of the first or second instance tribunals. The most embarrassing part of the evening was after explaining that the law degree conferred in the U.S. was a Juris Doctor, I was called Doctor Brian. Believing that the epitome of egotism is a lawyer who insists on being called a doctor, I spent the rest of the evening trying to convince my Rwandan colleagues that I was in fact just Mister Brian. Despite the confusion of my title vis a vis my academic credentials, it was a nice evening spent with excellent jurists.
As for the rest of my job, things are very busy. I have found myself involved with more and more administrative projects at the Court. Recently I was brought in to consult with the group working with information technology advancements in the Court, and am working with consultants and software developers to ensure that the needs of the judiciary are met with improvements in technology.
Perhaps the coolest project that I am involved with is the publication of Rwandan Law Reports. In brief, Rwanda is in the process of a reform of its judicial system - transitioning from a civil law country to a hybrid civil law / common law country. For those not in the know, here is a very remedial explanation: common law countries (like the U.S.) are those where judges 'make' law with their judicial opinions, creating precedence for lower courts to follow. Civil law countries, on the other hand, do not rely on jurisprudence and rather handle each case in a vacuum, regardless of prior court decisions that relate to the same subject matter.
So, Rwandan is starting to publish select judicial decisions on general points of law. The force of these decisions will be tantamount to secondary legal authority (i.e. not law per se). So, I am advising the reporters of these cases on certain best practices, the manner in which to publish the reports, and how they will be used. In doing so, I am also developing a system of citation for Rwanda, something which will become apparently necessary with the advent of citing to case law. Basically, in a very nerdy way, it's the coolest thing I have yet to do in my young career.
As I get more exposure to the Court, more projects filter in. I'm still working about 50% in French, and 50% in English, which I don't mind.
My week ahead will be filled with meetings and reports, and will be extremely busy. I've been asked to write about the food I'm eating here, and will do so this week. Stay tuned . . .
Monday, September 20, 2010
Thursday, September 9, 2010
Photos
As it turns out, there IS a way for people without facebook accounts to view my photo albums that I keep in facebook (thanks dad!). So, here is what I've been up to so far:
Kigali, 4 Sept. 2010
Presidential Inauguration, 6 Spet. 2010
Other random photos since my arrival on 8 Aug. 2010
I will be writing about this Inauguration this weekend, followed by my week in review.
Cheers!
Kigali, 4 Sept. 2010
Presidential Inauguration, 6 Spet. 2010
Other random photos since my arrival on 8 Aug. 2010
I will be writing about this Inauguration this weekend, followed by my week in review.
Cheers!
Friday, September 3, 2010
What AM I doing here?!?! (3 Sept. 2010)
Don’t worry Janet (or more importantly yet, mom) – the title of this post is not meant to question my decision to come to Kigali! It is meant to answer the most frequent question I have been asked during my month or so in Rwanda. What are you doing here?
It’s humorous, at times, especially when expats encounter each other for the first time, and one of them invariably asks “what are YOU doing here” – almost with an air is self-righteousness, as if to say “I’m here on a mission of great importance, what could you possibly be doing here that’s worth a damn.” Of course, none of us mean this, and usually laugh off the tone with which we inquire of one another.
But, the question is often asked (and with the illustrious Associate Dean of Students at the Pettit College of Law, a one Mindi Wells, having advertised my blog to the masses, it may be an appropriate time to give a bit of background to what I am doing here . . .
It all started with the cola wars in the mid-1980s. I was in primary school, and was pondering the international law implications of two multi-nationals battling it out on the global stage, and the effect of one foreign domestic court’s decision in another tribunal. Okay, that’s not it at all.
What REALLY happened is that I focused the majority of my elective studies in law school in the field of international law. Enough that I was awarded a certificate of study in the subject, and garnered enough credits to add one year of half-time study to earn my LL.M. in Ohio Northern’s program in Democratic Governance and Rule of Law. But, this still doesn’t explain how I got to the Supreme Court of Rwanda, or what I’m doing here.
As graduation was looming, and my esteemed peers and I anxiously searched for post-graduate employment, I kept finding that most careers in international law require some sort of experience. It was almost paradoxical that all jobs I found required experience, but I could find little opportunity to gain the experience needed to apply for these jobs. “Who do they even hire” I wondered, as I continued searching, frustrated with the fruits of my labors. Finally I spoke with my professor, Jean-Marie Kamatali. He himself is Rwandan, and frequently travels back here to assist with various projects, this time a USAID Justice Strengthening Program. I spoke with him shortly before a trip to Rwanda, and I was promised that he would see what he could come up with. Sure enough, upon his return, and correspondence with the Chief Justice of the Supreme Court, I got a one-year post as a clerk to the Chief Justice. The rest, as they say, is history. Well, recent history – I’ve only been here one month.
Of course, you’ve realized that I’ve still not answered the question – what am I doing here? Well, I thought it fruitful to explain how I got here. It makes sense to me, which is frankly all I care about in authoring this blog! But, I digress . . .
For those who aren’t familiar, judges in the U.S., and many other legal systems have the benefit of having one or more paid law clerks. These people are often, but not always, recent law grads, and in their first legal employment after graduation. Their tasks are similar – research and draft memos, opinions, orders, and other documents at the request of their assigned judge. Despite some legal minds engaging in academic discourse over whether the clerk has too much influence over the judge, it is generally agreed that the law clerk has become an integral part of the justice system in the States. At least, any law clerk will tell you this, which is good enough for me.
At the Supreme Court of Rwanda, we have a Chief Justice (known in the French vernacular as “Presidente”), an Associate Chief Justice (“Vice-President”), and twelve other Justices of the Court. However, as opposed to the U.S. Supreme Court’s model of four clerks per Justice, here there are four or five attorneys who work is a loosely similar role to that of a law clerk.
And then there’s me.
So what I do is work as a law clerk. Because the cases accepted by the Court are primarily in Kinyarwanda, my workload consists of cases that are filed in French. But, besides legal work in French, my English fluency will be well taken advantage of (even despite my public education). As Rwanda is transitioning from French to English as its operating language, Justices and Court personnel alike are happy to have a native speaker around to practice with. I have yet to develop a plan for one Justice a day to take me out to lunch or dinner for the exciting prospect of English conversation with yours truly, but I will let you know how that develops.
My other primary role is what is lovingly referred to in the development world as “capacity building.” Perhaps someone can comment and explain to me what this means!!! But really, I’ve been researching and preparing reports recommending changes to the operation of the Supreme Court, and the justice system as a whole that will help with a more efficient administration of justice. This is especially exciting because the justice system is in the middle of a transition from a civil law system to a hybrid common law / civil law system (for the non-lawyers out there, fear not, I will explain this in a future blog post – surely to be the most exciting yet!).
So, I’m acting as a law clerk and, I guess you can say consultant, to the Chief Justice of the Supreme Court, as they are in the midst of a (slowly) transitioning justice system. Pretty cool I think!
It’s humorous, at times, especially when expats encounter each other for the first time, and one of them invariably asks “what are YOU doing here” – almost with an air is self-righteousness, as if to say “I’m here on a mission of great importance, what could you possibly be doing here that’s worth a damn.” Of course, none of us mean this, and usually laugh off the tone with which we inquire of one another.
But, the question is often asked (and with the illustrious Associate Dean of Students at the Pettit College of Law, a one Mindi Wells, having advertised my blog to the masses, it may be an appropriate time to give a bit of background to what I am doing here . . .
It all started with the cola wars in the mid-1980s. I was in primary school, and was pondering the international law implications of two multi-nationals battling it out on the global stage, and the effect of one foreign domestic court’s decision in another tribunal. Okay, that’s not it at all.
What REALLY happened is that I focused the majority of my elective studies in law school in the field of international law. Enough that I was awarded a certificate of study in the subject, and garnered enough credits to add one year of half-time study to earn my LL.M. in Ohio Northern’s program in Democratic Governance and Rule of Law. But, this still doesn’t explain how I got to the Supreme Court of Rwanda, or what I’m doing here.
As graduation was looming, and my esteemed peers and I anxiously searched for post-graduate employment, I kept finding that most careers in international law require some sort of experience. It was almost paradoxical that all jobs I found required experience, but I could find little opportunity to gain the experience needed to apply for these jobs. “Who do they even hire” I wondered, as I continued searching, frustrated with the fruits of my labors. Finally I spoke with my professor, Jean-Marie Kamatali. He himself is Rwandan, and frequently travels back here to assist with various projects, this time a USAID Justice Strengthening Program. I spoke with him shortly before a trip to Rwanda, and I was promised that he would see what he could come up with. Sure enough, upon his return, and correspondence with the Chief Justice of the Supreme Court, I got a one-year post as a clerk to the Chief Justice. The rest, as they say, is history. Well, recent history – I’ve only been here one month.
Of course, you’ve realized that I’ve still not answered the question – what am I doing here? Well, I thought it fruitful to explain how I got here. It makes sense to me, which is frankly all I care about in authoring this blog! But, I digress . . .
For those who aren’t familiar, judges in the U.S., and many other legal systems have the benefit of having one or more paid law clerks. These people are often, but not always, recent law grads, and in their first legal employment after graduation. Their tasks are similar – research and draft memos, opinions, orders, and other documents at the request of their assigned judge. Despite some legal minds engaging in academic discourse over whether the clerk has too much influence over the judge, it is generally agreed that the law clerk has become an integral part of the justice system in the States. At least, any law clerk will tell you this, which is good enough for me.
At the Supreme Court of Rwanda, we have a Chief Justice (known in the French vernacular as “Presidente”), an Associate Chief Justice (“Vice-President”), and twelve other Justices of the Court. However, as opposed to the U.S. Supreme Court’s model of four clerks per Justice, here there are four or five attorneys who work is a loosely similar role to that of a law clerk.
And then there’s me.
So what I do is work as a law clerk. Because the cases accepted by the Court are primarily in Kinyarwanda, my workload consists of cases that are filed in French. But, besides legal work in French, my English fluency will be well taken advantage of (even despite my public education). As Rwanda is transitioning from French to English as its operating language, Justices and Court personnel alike are happy to have a native speaker around to practice with. I have yet to develop a plan for one Justice a day to take me out to lunch or dinner for the exciting prospect of English conversation with yours truly, but I will let you know how that develops.
My other primary role is what is lovingly referred to in the development world as “capacity building.” Perhaps someone can comment and explain to me what this means!!! But really, I’ve been researching and preparing reports recommending changes to the operation of the Supreme Court, and the justice system as a whole that will help with a more efficient administration of justice. This is especially exciting because the justice system is in the middle of a transition from a civil law system to a hybrid common law / civil law system (for the non-lawyers out there, fear not, I will explain this in a future blog post – surely to be the most exciting yet!).
So, I’m acting as a law clerk and, I guess you can say consultant, to the Chief Justice of the Supreme Court, as they are in the midst of a (slowly) transitioning justice system. Pretty cool I think!
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