Citations for Richard Wilson

Articles and Other Contributions to Magazines, Newsletters, and Newspapers

"Growth of the Access to Justice Movement in Latin America: The Chilean Example," Justice Initatives (Newsletter of the Open Society Justice Initiative) February 2004.

"Defending a Criminal Case with International Human Rights Law," The Champion (Magazine of the National Association of Criminal Defense Lawyers), May 2000.

"The Inter-American Human Rights System: Activities from 1999 through February 2000, in ACLU International Civil Liberties Report (with Jan Perlin), 2000.

Articles and Other Contributions to Periodicals

"Training for Justice: The Global Reach of Clinical Legal Education," 22 Penn. State International Law Review 421 (2004)

"Argentine Military Officers Face Trial in Spanish Courts," ASIL Insights , December 2003.

"Can the U.S. Courts Learn from Failed Terrorist Trials by Military Commission in Turkey and Peru?" 11 Human Rights Brief 11 (2003)

"Detainees at Guantanamo Bay: The Inter-American Human Rights Commission Responds to a 'Legal Black Hole'," 10 Human Rights Brief 2 (2003).

"International Law Issues in Death Penalty Defense [Comments on the Guidelines for the Performance of Defense Counsel in Death Penalty Cases, Revised Edition]", 31 Hofstra Law Review 1195 (2003).

"The Inter-American Human Rights System: Activities from Late 2000 through October 2002," 18 American University International Law Review 651 (2003) (with Jan Perlin).

"In Memorium: Howard Eisenberg," 86 Marquette Law Review 259 (2002).

"Issues in the Assignment of Defense Counsel in Domestic and International War Crimes Tribunals: The Need for a Structural Approach," 2 International Criminal Law Review 145 (2002).

"The United States Position on the Death Penalty in the Inter-American Human Rights System," 42 Santa Clara Law Review 1159 (2002).

"Three Law School Clinics in Chile, 1970-2000: Innovation, Resistance and Conformity in the Global South," 8 Clinical Law Review 801 (2002).

Book Review, "Geert-Jan G.J. Knoops, Defenses in Contemporary International Criminal Law," 96 American Journal of International Law 29 (2002).

"An Index to the Individual Case Resolutions of the Inter-American Commission on Human Rights, 1994-1999", 16 American University International Law Review 353 (2001).

"The Inter-American Human Rights System: Activities from 1999 through October 2000", in 16 American University International Law Review 315 (2001) (with Jan Perlin).

"Reflections on Judicial Review in Latin America", 7 Southwestern Journal of Law and Trade in the Americas 435 (2000).

"Prosecuting Pinochet in Spain," Human Rights Brief (Spring 1999).

"Prosecuting Pinochet: International Crimes in Spanish Domestic Law," 21 Human Rights Quarterly 927 (1999).

"Defying World Law in the Angel Breard Case, State Department Dishonored Our Treaty Obligations," Legal Times of Washington (April 27, 1998).

"The Inter-American Human Rights System, Principal Activities in 1997 and Related Developments," ACLU International Civil Liberties Report (May 1998).

"The Inter-American Human Rights System: Principal Activities in 1996," 3 Ko'aga Rone'eta (1997).

"Toward the Enforcement of Universal Human Rights Through Abrogation of the Rule of Non-Inquiry in Extradition," 3 ILSA Journal of International and Comparative Law 751 (1997).

"Spanish Criminal Prosecutions Use International Human Rights Law to Battle Impunity in Chile and Argentina," 5 Ko'aga Rone'eta (1996).

"Race, Criminal Justice and the Death Penalty," 15 Whittier Law Review 395, 400 (1994) (Symposium).

"Reflexiones Sobre una Mision de los Derechos Humanos en Chiapas: Una Perspectiva Legal Internacional," Revista de la Universidad de Guadalajara, 1994.

"Researching the Jurisprudence of the Inter-American Commission on Human Rights: A Litigator's Perspective" and "Inter-American Commission on Human Rights: Individual Case Resolutions," (editor), 10 American University Journal of International Law and Policy 1, 19 (1994).

"Criminal Justice in Revolutionary Nicaragua: Intimations of the Adversarial in Socialist and Civil Law Traditions," 23 University of Miami Inter-American Law Review 269 (1991-92).

"Human Rights and Empowerment of the Poor," 3 Beyond Law 49 (1991).

"Human Rights and Money Laundering: The Prospect of International Seizure of Defense Attorney Fees," 3 Criminal Law Forum 85 (1991).

"UNO's Court-Packing Plan in Nicaragua," 10 Envio 15 (January-February 1991).

"State Post-Conviction Representation of Defendants Sentenced to Death," 72 Judicature 331 (April/May 1989) (with R. Spangenberg).

"Testing a New Constitution," 16 Human Rights 44 (Winter 1989-90).

"The New Legal Education in North and South America," 25 Stanford Journal of International Law 375 (1989).

"Bad Policy and Bad Law: Compelling Indigent Defendents to Pay," 3 Criminal Justice 16 (Fall 1988).

"Litigative Approaches to Enforcing the Right to Effective Assistance of Council in Criminal Cases," 14 NYU Review of Law and Social Change 203 (1986).

"Systems for Providing Indigent Defense: An Introduction," 14 NYU Review of Law and Social Change 193 (1986).

"Empty-Handed Justice: When Public Defenders are Overworked and Underpaid," 22 Judges' Journal 20 (Winter 1983).

"Serving Too Many Masters: The Defender's Institutional Schizophrenia," 38 NLADA Briefcase 38 (Fall 1981).

Book Review: Privacy and the Press: The Law, the Mass Media and the First Amendment; Media and the First Amendment in a Free Society. 23 DePaul Law Review 1155 (1974).

Articles and Other Contributions to Scholarly Journals and Law Reviews

Attorney Work Product

Khadr et al. v. Bush et al., No. 04-CV-1136, Federal District Court for the District of Columbia, ongoing since 2004. Co-counsel in federal habeas corpus proceedings for Omar Khadr, a Canadian national detained in Guantanamo Bay, Cuba as an enemy combatant since the age of 15.

Roper v. Simmons, No. 03-633, United States Supreme Court, October 2004 term. Counsel of record and author of Amicus Curiae brief for the European Union, the Council of Europe and other countries (48 in total) arguing that the execution of children under the age of 18 at the time of their alleged crimes violates the virtually unanimous international practice of countries.

State v. John Lee Malvo, Fairfax County, Virginia. Appeared for defense as an expert witness on public international law. Testimony on pre- trial motion by the defense to prohibit the imposition of the death penalty, under several sources of international law, against any person who is under 18 years of age at the time of the alleged offense. October 2003.

Request for Precautionary Measures to the United States on Behalf of Detainees at Guantanamo Bay, Cuba. Co- counsel in action before the Inter-American Commission on Human Rights arguing that detainees at Guantanamo Bay, Cuba, taken into custody during U.S. military operations in Afghanistan, are entitled to determination of legal status by a competent tribunal under general and specific principles of humanitarian law. Measures issued by the Commission on March 13, 2002, and reiterated on May 28, 2002.

McCarver v. North Carolina, No. 00-8727, United States Supreme Court, June 2001. Authored Amicus Curiae brief for the European Union arguing that execution of mentally retarded persons violates the growing consensus of nations against such punishment. Briefs transferred to Atkins v. Virginia, No. 00-8452, when McCarver was declared moot. Decision of June 20, 2002 found that the international consensus against execution of retarded persons is a factor to be considered in Eighth Amendment decisions, and excluded the death penalty in such cases.

Penry v. Johnson, No. 00-6677, United States Supreme Court, January 2001. Appeared as Counsel of Record in Amicus Curiae brief on eighteen international disability rights organizations, arguing that international human rights law and standards bar the execution of Johnny Paul Penry, a Texas death row inmate with severe mental retardation.

Books Authored

Chapters and Other Contributions to Collective Works

"The Influence of International Law on the Death Penalty in the United States", in America's Experiment with Capital Punishment (James R. Acker et al. eds., 2d ed., 2003).

Chapters on "The Right to Assigned Legal Assistance under International Law", "Remedies for Violation of the Right to Legal Assistance under International Law", and "Special Issues on Assignment of Counsel in International and War Crimes Tribunals", in Manual for Design and Implementation of International Legal Assistance Programs for the Indigent (National Legal Aid and Defender Association, 2004).

"Human Rights and U.S. Law", in Proceedings of International Conference on Human Rights and Prison Reform (National Citizens United for Rehabilitation of Errants - CURE, 2001).

"Will History Repeat Itself? Case Studies of Systemic Constraints on Defense Counsel in International War Crimes Trials and the Need for Resource Parity", in David Barnhizer, ed., Effective Strategies for Protecting Human Rights: Economic Sanctions, Use of National Courts and International Fora, and Coercive Power (2001).

"The Spanish Proceedings," in Brody and Ratner eds., The Pinochet Papers Kluwer Law International, 2000.

"El Tribunal Penal Internacional Permanente: La Impunidad Pierde Otro Round," en Seminario Internacional Sobre La Impunidad y Sus Efectos en Los Procesos Democraticos. Santiago, Chile: 1999.

"Environmental, Economic, Social and Cultural Rights of the Indigenous Peoples of Chiapas, Mexico," in Cohen, C.P., Human Rights of Indigenous Peoples. Ardsley, NY: Transnational, 1998.

"Clinical Legal Education for Human Rights Advocates," in Human Rights Education Handbook. Andreopolis, G. and R. P. Claude, eds. University of Pennsylvania Press, 1996.

"Environmental, Economic, Social and Cultural Rights of the Indigenous Peoples of Chiapas, Mexico," in Human Rights of Indigenous Peoples. Cohen, C. P., ed. Transnational, 1996.

"Disclose or Not: The Client Who Falsely Obtains Appointed Counsel," in Ethical Problems Facing the Criminal Defense Lawyer: Practical Answers to Tough Questions. American Bar Association, 1995.

"Confidentiality: False Application to Obtain Appointed Counsel," in Ethics Manual for Public Defenders. American Bar Association, 1994.

"The Constitution and Crime in the New Nicaragua," in The Nicaraguan Constitution of 1987: English Translation and Commentary. Mijeski, K., ed. Ohio University Press, 1991.

Containing the Costs of Indigent Defense Programs: Eligibility Screening and Cost Recovery Procedures. Spangenberg, R. (principal author). Washington, D.C.: U.S. Department of Justice, National Institute of Justice, 1986 (contributing author).

Hearings Transcripts

Recent Appearances

Reports, Scholarly Papers, and Small Monographs

Promoting Justice: A Practical Guide To Strategic Human Rights Lawyering (International Human Rights Law Group, 2001)(with Jennifer Rasmussen).

Improving Criminal Justice Systems Through Expanded Strategies and Innovative Collaborations: Report of the National Symposium on Indigent Defense, February 1999. U.S. Department of Justice, Office of Justice Programs and Bureau of Justice Assistance, March 2000 (principal author).

National Symposium on Indigent Defense, February 25-26, 1999. Washington, DC: Bureau of Justice Assistance, U.S. Department of Justice, 2000 (Reporter).

Lessons Learned: Public Defense in Latin America and the United States. Judicial Reform Roundtable II, sponsored by the U.S. Agency for International Development and the Inter-American Development Bank, 1996.

Access to Justice: An Issue Paper for USAID and Legal Services Providers. Access to Justice Conference, U.S. Agency for International Development, 1995.

Chiapas: The Rebellion of the Excluded. Washington, D.C.: Ecumenical Program on Central America and the Caribbean, 1994 (Contributor).

American Bar Association Standards for Criminal Justice, Providing Defense Services, 3rd ed., 1992 (Reporter).

Political Transition and the Administration of Justice in Nicaragua. 3 Coleccion Monografias. Center for the Administration of Justice, Florida International University, 1991 (with Luis G. Solis).

Containing the Costs of Indigent Defense Programs: Eligibility Screening and Cost Recovery Procedures. Washington, D.C.: U.S. Department of Justice, National Institute of Justice, 1986 (contributing author, with Spangenberg, R.).

Indigent Defense Resources: An Annotated Bibliography. The American Bar Association Standing Committee on Legal Aid and Indigent Defendants, Bar Information Program, 1985.

Works Edited

The Rights International Companion to Criminal Law and Procedure. Kluwer Law International, 1999 (with F.F. Martin).

International Human Rights Law and Practice: Cases, Treaties and Materials (2 vol.). Kluwer Law International, 1997 (co-editor).

Works in Progress