Irwin P. Stotzky

Professor of Law

J.D. 1974, University of Chicago Law School

Phone: 305-284-2549
Office: G465

Irwin P. Stotzky is currently Professor of Law at the University of Miami School of Law. He received his J.D. from the University of Chicago Law School in 1974. In 1986-87, he was a Visiting Scholar at the Yale Law School. In 1991-1992, he was a Fulbright Scholar in Argentina. In 2001, he was a Distinguished Visiting Professor and Scholar at the State University of New York at Buffalo School of Law. In 2007, he was a Distinguished Visiting Professor and Scholar at Emory University School of Law.

For the past 31 years, he has represented Haitian and other refugees on constitutional and human rights issues in many cases, including several cases in the United States Supreme Court.

He has served as an advisor to the Alfonsin regime in Argentina on what steps to take, including human rights trials, against those who committed massive human rights abuses during the so-called "dirty war." He has served as an attorney and adviser to Haitian President Jean-Bertrand Aristide, and as an adviser to President Renè Preval's administration.

In this capacity, he organized and directed the investigations into the massive human rights violations committed in Haiti during the illegal military regime's reign, between 1991 and 1994. This led to the first conviction for human rights crimes in the 200-year history of Haiti.

Since 2000, he has served as the chairman of an international presidential commission to help Haiti confront its drug problems. He has published numerous articles and books on democracy and human rights, criminal law and procedure, and the role of the judiciary in the transition to democracy.

He is the author of The Theory and Craft of American Law: Elements (with Soia Mentschikoff) (1981). He is the editor of Transition to Democracy in Latin America: Role of the Judiciary (1993). His detailed analysis of Haiti, Silencing the guns in Haiti: The Promise of Deliberative Democracy, which has received national and international acclaim, was published by the University of Chicago Press in 1998.

He is currently in the process of completing three books, one of which, titled America's Unwanted Burden, analyzes 30 years of Haitian refugee litigation. The second book is an analysis of the scholarship of a renowned constitutional theorist and is titled Fiss's Way: The Scholarship of Owen Fiss. The third book is concerned with the burgeoning field of immigration law. The book is titled: Immigration Law: Cases and Materials. He teaches in the areas of constitutional law and theory, criminal procedure, and philosophy.

For his representation of refugees in a series of cases before the United States Supreme Court and his human rights work abroad, he received human rights awards from the American Immigration Lawyers Association and the Haitian Refugee Center.

For his work in investigating human rights abuses worldwide and his scholarship, he received the Inter-American Law Review's 1997 Lawyer of the Americas award. He has recently been nominated for the Society of American Law Teachers (SALT) Human Rights Award for career achievements.

He is the founder and Director of the University of Miami Center for the Study of Human Rights and Acting Director of the James Weldon Johnson/Robert H. Waters Summer Institute. He is a founding member of the Institute for Justice and Democracy in Haiti, a human rights institute that researches and distributes objective and accurate information on the human rights conditions in Haiti.

 Publications

Constitutional Adjudication and the Fourth Amendment, 28 Civil Rights Litigation and Attorney Fees Annual Handbook 67 (Steven Saltzman ed., 2013).

The New Surveillance State: From Dog Sniffs to DNA and Beyond, 29 Civil Rights Litigation and Attorney Fees Annual Handbook 87 (Steven Saltzman ed., 2013).

Democracy and Sustainability in Reconstructing Haiti: A Possibility or a Mirage, 44 U. Miami Inter-Am. L. Rev. 1 (2013).

The Truth About Haiti, 26 U. Conn. J. Int. Law (2011).

Law As Justice: The Moral Imperative of Owen Fiss’s Scholarship (2010).

Immigration Law: Cases and Materials (Aspen 2009).

America's Unwanted Burden: Refugees And The Rule Of Law (Twelve Tables Press 2009).

John Gaubatz and Elements, 62 U. Miami L. Rev. (forthcoming 2008).

Constitutionalism and Democracy: An Essay In Honor of Stanley N. Katz, (Princeton, forthcoming 2008).

Haiti Human Rights Investigation: 2007 (Center For the Study of Human Rights, forthcoming 2008).

Haiti Human Rights Investigation: March 11-16 2006 (Center For the Study of Human Rights 2006).

Haiti Human Rights Investigation: November 11-21, 2004 (Center For the Study of Human Rights 2005).

Haitian Refugees and the Rule of Law, 61 Guild Practitioner 151 (2004).

Democratic Theory, the Courts, and the Press, 11DEMOCRATIZATION 111 (2004).

Crear las Condiciones para la Democracia, en Democracia Deliberativa y Derechos Humanos 189 (Harold Hongju Koh and Ronald C. Slye eds., 2004).

Tareas para las tropas Argentinas en Haiti, Clarin, July 7, 2004, ___ (op-ed piece).

U.S. Dollars Spent in Haiti Inadequate For Nation-Building, Miami Herald, January 8, 2004, at 24 (op-ed. piece).

The Constitutional Scholar, 58 U. Miami L. Rev. 1 (2003).

The Indispensable State, 58 U. Miami L. Rev. 201 (2003).

Learned Lessons and the Way Forward-DEMOCRATIZATION 198 (2003) reprinted in Democratization And The Judiciary: The Accountability Function Of Courts In New Democracies 198 (Siri Gloppen, Roberto Gargarella and Elin Skaar eds., 2003).

Haiti's Problem Isn't Aristide, Miami Herald, January 2, 2003, at 7B (op. ed. piece).

Aristide's Haiti: An Exchange, N.Y. Rev. Of Books, May 15, 2003, at 46.

Tribute to Professor Robert H. Waters, Sr., published by the A.A.L.S. (2003).

The Democratic Role of the Press, 56 U. Miami L. Rev. 255 (2002).

Democracy and International Military Intervention: The Case of Haiti, in Democracy and Human Rights in Latin America 125 (Richard S Hillman, John A Peeler, & Elsa Cardozo Da Silva eds., 2002).

Book Review, 569 Annals Of The Amer. Acad. Pol. & Soc. Sci. 179 (2000) (reviewing, Carlos S. Nino, The Constitution Of Deliberative Democracy (1996)).

Book Review, 42 J. Interamer. Stud. & World Aff. 189 (2000) (reviewing David M. Malone, Decision-Making In The Un Security Council: The Case Of Haiti (2000)).

A Different Vision, The Princeton Prog. Latin Amer. Stud. J. (PLAS), Fall-Winter 2000-2001.

Creating the Conditions for Democracy, in Deliberative Democracy And Human Rights 157 (Harold Hongju Koh and Ronald C. Slye, eds., 1999).

Suppressing the Beast, 53 U. Miami L. Rev. 883-905 (1999).

Establishing Deliberative Democracy: Moving from Misery to Poverty with Dignity, 21 U. Ark. Little Rock L.J. 79 (1998) (Ben J. Altheimer Lecture).

On the Promise and Perils of Democracy in Haiti, 29 U. Miami Inter-Am. L. Rev. 1 (1998).

Silencing The Guns In Haiti: The Promise Of Deliberative Democracy (University of Chicago Press 1998).

Establishing Deliberative Democracy, The Orville H. Schell, Jr. Center For International Human Rights At Yale Law School Working Paper Series (1995).

Haiti: Searching for Alternatives, in Impunity And Human Rights In International Law And Practice 185 (Naomi Roht Arriaza ed., 1995).

"Carlos Nino: Public Intellectual," 25 U. of Miami Inter-Am. L. Rev. 349 (1994).

Immigration Law, Haitian Refugees, and Substantive Justice (a paper delivered at the United Nations Third Annual International Cultures Conference, February 24th and 25th, 1992) (1996) (published by the United Nations in 1997).

Latin America: Seeking Alternatives, University of Buenos Aires (August 1993) (published in Spanish by a Spanish publishing company).

The Independence of the Judiciary, Conference on the Independence of the Administration of Justice, Center for Institutional Studies, Buenos Aires (August 1993) (published in Spanish by the Center).

The Transition to Democracy in Haiti and the Rule of Law, Conference on Haiti and the United States: Crisis and Renewal, sponsored by the American Society of Law (April 1993).

Ira Kurzban: Lawyer as Hero, 23 U. Miami Inter-Am Law Rev. 637 (1993).

Transition to Democracy in Latin America: The Role of the Judiciary (Irwin P. Stotzky ed., Westview Press 1993).

The Difficulties of the Transition Process, in Transition To Democracy In Latin America: The Role of the Judiciary (Irwin P. Stotzky, ed., Westview Press 1993).

The Tradition of Constitutional Adjudication, in Transition To Democracy In Latin America: The Role of the Judiciary (Irwin P. Stotzky, ed., Westview Press 1993).

A Democratic Vision, in Transition To Democracy In Latin America: The Role of the Judiciary (Irwin P. Stotzky, ed., Westview Press 1993).

Federalism, Judicial Review and the Protection of Individual Rights, (a paper delivered at a conference on Federalism in Buenos Aires, Argentina, sponsored by Center for Institutional Studies) (August, 1992) ( published in Spanish by the Center).

Kidnapping and the Law, (a paper delivered at a conference in Santiago, Chile, sponsored by the University of Diego de Portales) (August, 1992) ( published in Spanish by the University).

Reflections on the History of Legal Thought, (a paper delivered at conferences in Buenos Aires, Argentina and Santiago, Chile) (August, 1992).

Derecho Immigratorio y Refugiados Haitianos en los Estados Unidos, (in Spanish and published by No Hay Derecho) (April, 1992) (75 pp.).

The Fragile Transition to Democracy, The Miami Herald, March 15, 1992 at 6C, col. 1-2.

Phone: 305-284-2549
Office: G465
Faculty Assistant

Hanna, Collette

Phone: (305)284-4764
Office: G463