Litigation Director Reflects on Teaching in Beijing

Apr 30, 2006

For three weeks in April 2006, Becket Fund Litigation Director Derek Gaubatz traveled to one of China's premier law schools--Chinese University of Politics and Law--to teach an 18 hour seminar entitled Rule of Law and Religious Liberty in the American System. Below are some of Derek's reflections on the experience.

"The seminar consisted of about 20 graduate law students, all of whom have chosen to specialize in the study of constitutional law in China and other countries. The students had some familiarity with the theory of an independent judiciary and the protection of fundamental rights such as religious liberty in the American constitutional system; however, they had never actually read or studied any American cases. The cases presented in the seminar were selected to help the students develop conceptual and analytical frameworks for understanding the rule of law and religious liberty in the American constitutional system, as well as the historical development of constitutional safeguards of religious liberty in the United States.

"In addition, the students had no experience with the Socratic, case-law method of teaching used in American law schools, as law classes in China are generally taught in the lecture style. The students were given the opportunity to present case briefs and make short oral arguments applying the legal principles they were learning to recent First Amendment controversies in the U.S.. In expressing appreciation for the class, the students cited the value of the exposure to the new teaching style, as well as the increased understanding they gained of the manner in which fundamental rights are protected in the American constitutional system.

"The majority of the seminar students plan on further training to be either judges or professors. It was therefore especially encouraging to hear most of the students describe themselves as 'idealists' who desire to see China's legal system mature into one that better secures rule of law and fundamental rights through an independent judiciary. Though none of them know exactly how this will occur or what role they can play, it was a privilege to present these future Chinese leaders with some of the lessons the United States has learned in its effort to guarantee its citizens religious liberty."

At right, Derek is pictured in class with this students, and with his baby daughter, Bethany, on the Great Wall.