Berta Esperanza Hernández-Truyol
Levin Mabie and Levin Professor; Associate Director
Box #117625 Gainesville, FL 32611
LL.M., New York University School of Law J.D., Albany Law School of Union University (cum laude
) B.A., Cornell University
Teaching and Scholarship
International Law, International Human Rights, Issues of Gender/Race and Latinas/Latinos in the Law, Employment Discrimination.
- University of Florida: Joined faculty in 2000 and named Levin Mabie & Levin Professor of Law in 2000.
- Previous Academic: St. Johns University School of Law: Associate and Professor of Law (1991-2000), Director of International Women's Human Rights Project of the Center for Law and Public Policy (1993-1995). University of Wisconsin School of Law: Institute for Legal Studies, Honorary Senior Fellow (1997-99). Georgetown University Law Center: Visiting Professor (1994-95). Brooklyn Law School: Adjunct Professor (1988-91). University of New Mexico School of Law: Assistant and Associate Professor (1983-87). DePaul University School of Law: Assistant Professor (1982-83).
- Organizations: American Arbitration Association, American Association of Law Schools, American Association of University Women, American Bar Association, American Society of International Law, Association of the Bar of the City of New York, Hispanic National Bar Association, International Law Association.
International Law (3 credits) - LAW 6260
- Introduction to international law as applied by and between the United States and other nations. Focuses on exploring current questions of international law, just what international law is, and whether it can be called law at all. Using current legal, social and political commentary, as well as case law, a number of areas will be explored including creation of norms through treaties and agreements, state and non-state actors in the international arena, foreign sovereign immunity and the act of state doctrine, allocation of legal authority among states, and state responsibility with respect to injury to aliens and international human rights.
International Human Rights Law (3 credits) - LAW 6930
- Introduction to the topic, including the historical, theoretical and practical aspects. Reviews “global snapshots” – a series of current events – and historical documents that form foundation for the international human rights system. Traces pre-World War II status of human rights and post-war developments. Particular attention is given to sources of international law (including human rights) in the U.S. and the role of global norms in local legal systems, leading to an interrogation of whether the international human rights system has changed the concept of state sovereignty and whether the rights that have evolved constitute a universal conceptualization or whether they are culturally relative. Brief review of the structures that exist for implementation and enforcement of rights – both internationally and regionally. Also discussion of a number of particular topics in the human rights field and themes of current interest/concern – including human rights and war, trade and human rights, and globalization and human rights.
Human Rights (2 credits) - LAW 6936
- Seminar presents international human rights system and explores range of human rights issues. Themes studied may include speech, sex, race, children, health, globalization, democracy, the environment, citizenship, education, language, poverty, culture, health, war, property, family and violence. Specific topics covered are dependent upon student interest.
Trade and Human Rights (2 credits) - LAW 6936
- Seminar explores premises of trade and human rights debate from perspectives of both free trade advocates and human rights activists, with the purpose of imparting a better understanding of the rationales for both systems of law and the ways each is attempting to avoid a clash that could have profound impact on the protection of human rights and on the global market. Attempts to answer the question: Must trade and human rights regimes necessarily conflict?
Globalization and the Rule of Law in the Americas: Trade, Labor and the Environment (3 credits) - LAW 6936
- Seminar explores implications of globalization and in particular the emerging role of nongovernmental organizations, civil society, and the potential for direct consumer enforced labor and environmental standards. Academic studies and commentaries on globalization are reviewed in parallel with news reports and commentaries on current developments in trade, labor and the environment in the Americas. The goal is to gain a realistic understanding of the potential for sustainable democracy, as well as working criteria for hemisphere-wide rule of law.
International Human Rights: Women in the Americas (3 credits) - LAW 6936
- Seminar reviews basics of the international human rights regime and the inter-American regional system (including the OAS) as well as the trade regimes – WTO, NAFTA, MERCOSUR and the proposed FTAA – as they intersect with human rights and specifically women. Covers specific topics that coincide with students’ writing projects. Range of topics include women and their relationship with family, the state (representation, democracy), the global economy (labor, trade, etc.), armed conflict, globalization, education, the environment, the rule of law, intersectionalities (gender, race including indigenous populations, class, sex, sexuality, religion), culture, property, violence, and health.
Selected Books, Chapters
- Maria Lugones’s Work as a Human Rights Idea(l) (with Mariana Ribeiro) , 18 Berkeley La Raza L.J. 28 (2009)
- The Gender Bend: Culture, Sex, and Sexuality–A LatCritical Human Rights Map of Latina/o Border Crossings, 83 Indiana L.J. 1283 (2008)
- Sex & Globalization, 11 Harvard Latino L. Rev. 173 (2008)
- Beyond the First Decade: A Forward-Looking History of LatCrit Theory, Community and Praxis (with Angela Harris & Francisco Vald�s), 17 Berkeley La Raza L.J. 169 (2006); 26 Chicana/o-Latina/o L. Rev. 237 (2006)
- On Disposable People & Human Well-Being: Health, Money & Power, 13 U.C. Davis J. Int'l Law & Policy 101-132 (2006)
- Children & Immigration: International, Local, & Social Responsibilities (with Justin Luna), 15 Boston U. Public Interest L.J. 297-317 (2006)
- Sexual Labor and Human Rights (with Jane Larson), 37 Columbia Human Rts. L. Rev. 391-445 (2006) Articles
- The Global & The Local: Legal Considerations of “Nine-One-One,” Oregon Law Review (forthcoming) Building Bridges V – Cubans Without Borders: Mujeres Unidas por su Historia, 55 Florida Law Review 225 (2003)
- Out of the Shadows: Traversing the Imaginary of Sameness, Difference and Relationalism – A Human Rights Proposal, 17 Wisconsin Women’s Law Journal 111 (2002)
- Crossing Borderlands of Inequality with International Legal Methodologies – The Promise of Multiple Feminisms, 44 German Yearbook of International Law 113 (2001)
- On Becoming the Other: Cubans, Castro and Elian – A LatCritical Analysis, 78 Denver University Law Review 687 (2001)
- Latinas, Culture and Human Rights: A Model for Making Change, Saving Soul, 23 Women's Rights Law Reporter 21 (2001)
- Property, Wealth, Inequality and Human Rights: A Formula for Reform (with Shelbi D. Day), 34 Indiana Law Review 1213 (2001)