TBJ NOVEMBER 2022
A Global Force For the Rule of Law
The Center for American and International Law celebrates its 75th anniversary.
Written by Karla Lárraga
ABOVE: The Center for American and International Law educational center
in Plano. Photo courtesy of the Center for American and International
Law
The Center for American and International Law, or CAIL, is located on
an unassuming street in the heart of Plano. Few may be aware that the
building, emblazoned with the scales of justice and anchored by an
impressive Jeffersonian dome, houses a nonprofit organization that has
spent 75 years working to advance the quality of justice and promote the
rule of law in the United States and around the world.
Over its 75-year history, CAIL has worked with legal and law enforcement
professionals around the world with the vision of establishing fair and
just legal systems at home and abroad. CAIL’s history has been inspiring
and its reach has been vast.
A Rich Tradition: Revisiting CAIL’s History
Robert G. Storey was a prominent Texas lawyer who joined the military
during World War II. Near the war’s end, while the Soviet Union remained
an American ally, the U.S. Army sent Storey to observe prosecutions of
alleged fascist collaborators after the Soviet Army began occupying
Eastern Europe. In that role, he watched what proved to be Stalinist
show trials. Soon after, following Germany’s defeat, Storey served as
executive trial counsel to Justice Robert H. Jackson in the Allied
prosecution of the highest-ranking Nazis during the first Nuremberg
Tribunal trial.
Having become an expert on the nature of the Nazi regime and
witnessing the brazen display of injustice in the guise of law by Soviet
forces, Storey felt compelled to establish an organization that would
champion the rule of law over arbitrary power. Storey envisioned the
establishment of “a ‘clearinghouse’ for legal problems, a forum where
lawyers, judges, interested laymen, public officials, professors, and
students may coordinate their efforts for the improvement of the law and
the administration of justice.”1
In 1947, having returned to Dallas from Europe, Storey established the
Southwestern Legal Foundation, now known as CAIL. Storey, who served as
State Bar of Texas president in 1948-1949, was a proponent of the “legal
center movement” and hoped that the Southwestern Legal Foundation would
be the first of many such centers throughout the country and around the
world.
To date, CAIL’s scope has expanded to include five institutes that
have established internationally recognized forums and programs
addressing criminal justice, law enforcement administration, energy law,
international and comparative law, transnational arbitration, law and
technology, and other topics.
Additionally, CAIL has benefited from the leadership and experience of
many great lawyers—often leaders of the Texas Bar—including terms as
chair of its board by Leon Jaworski, Judge Patrick Higginbotham, David
Beck, and Harriet Miers, among others. As a nonpartisan organization,
CAIL refrains from stances on policy and political choices but strives
to inspire and connect champions of the rule of law across borders and
disciplinary lines: prosecutors and public defenders, academics and
practitioners, advocates and arbitrators, and police officers and
criminal defense lawyers in the U.S. and around the world.
Advancing the Rule of Law: Measuring CAIL’s
Impact
Today, the impact of CAIL goes beyond the tens of thousands of lawyers
and law enforcement officers from all 50 states and approximately 130
countries that have participated in its programs. The broader
communities whose lives are impacted by the knowledge participants put
into practice are another intangible way to gauge CAIL’s impact.
For more than half a century, attorneys from developing countries have
attended programs in Texas—for the past 20 years, at CAIL’s education
center in Plano—to connect with one another and learn how upholding the
rule of law can improve both their countries’ economic development and
their protection of fundamental rights. Alumni of these programs have
risen to high ranks in judiciaries and government ministries, in
international legal organizations and non-governmental organizations,
and in their legal professions at home. The impact on participating
lawyers has been transformative and provided a foundation that creates
leaders within the international community.
Additionally, CAIL serves as a venue for training law enforcement
professionals in ethics, diversity, leadership, and communication. The
focus on advancing the rule of law includes criminal justice education,
such as programs on actual innocence that illuminate systemic problems
in the justice system with audiences that include judges, prosecutors,
defense lawyers, and law enforcement officials. Other educational
programs address the complexities of death penalty cases and ensure that
prosecutors and defense counsel are well prepared for their respective
roles in criminal litigation with the very highest of stakes.
The impact of CAIL’s programs is directly felt when:
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public confidence in policing is restored in communities with law enforcement agencies that have provided their officers with tools for effective leadership and ethical decision-making;
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wrongful convictions are prevented by defense lawyers and prosecutors who are more aware of the sometimes esoteric or subtle pitfalls that can derail the pursuit of actual justice;
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advocates are current on the law, practiced in their advocacy skills, and thus better equipped to provide quality and efficient representation;
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foreign attorneys return to their home countries with a new legal mindset, setting off a ripple effect that influences their immediate legal community and impacts the people they serve; and
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lawyers share their expertise and forge solid professional connections through participation in CAIL’s institutes and programs.
In short, CAIL facilitates valuable training and network-building opportunities to raise the professional standards for the legal and law enforcement professionals charged with upholding the justice system and protecting the rights of others.
Honoring the Past by Enriching the Future: CAIL’s 75th
Anniversary
As CAIL celebrates 75 years of providing education to improve the
quality of justice and promote the rule of law both domestically and
internationally, it must look to the future.
Leading up to its jubilee anniversary, CAIL has seen a transition of
leadership and adopted a new strategic plan that focuses on building an
even more dynamic, diverse, and cohesive organization positioned for its
centennial and beyond. In 2021, Thomas “T.L.” Cubbage III began managing
CAIL’s programs as president. Later that year, the board of trustees
elected Randall M. Ebner as its chair as CAIL enters the next era of its
history.
CAIL’s 75th Anniversary Fundraising Campaign has been launched as a
cornerstone of the 75th anniversary celebration. Donations to the
campaign will support CAIL’s institutes, special programs, research,
publications, and events to advance and improve the quality of the
justice system for decades to come. The upkeep and modernization of our
education center, which is 20 years old, will also be supported by
donations. This is essential as CAIL continues its mission to improve
the quality of justice over the coming decades.
Throughout 2022, multiple events were organized to share CAIL’s
mission and promote the rule of law. The yearlong anniversary
celebration was kicked off with a live virtual event featuring unique
perspectives on the rule of law from U.S. Court of Appeals for the 5th
Circuit Judge Patrick Higginbotham and criminal defense attorney Michael
Tigar, whose storied career as a trial lawyer and human rights activist
includes a pivotal role in establishing CAIL’s educational programs for
death penalty litigation.
Soon after Russia invaded Ukraine early in 2022, CAIL invited
Professor Jonathan Bush from Columbia University Law School to discuss
the legal issues raised by wars of aggression and legal mechanisms that
have been used historically to hold people accountable for instigating
them. Later in the year, CAIL partnered with Project Aletheia from the
John Jay College of Criminal Justice to convene top academic, law
enforcement, and legal experts to address principles and best practices
arising from recent multidisciplinary research on interrogations of
witnesses, sources, and suspects.
The celebrations were topped off in October with a 75th Anniversary
Gala held in downtown Dallas. The gala drew attention to CAIL’s rich
history and recent impacts and featured the presentation of CAIL’s
prestigious Great Leaders Award to former U.S. Sen. and NATO?Ambassador
Kay Bailey Hutchison in front of approximately 350 business, civic, and
legal leaders.
Closing Thoughts
In the Texas Bar Journal in 1961, Storey shared that an
“important element of a law state is the necessity for a responsible,
capable, honest, and independent legal profession. Such a legal
profession is the medium through which the law reaches people, and the
highest honor and integrity must mark the calling which deals with the
rights, privileges, and liberties of the people …We of the legal
profession of the Americas have a direct, urgent, and responsible role
to further the rule of law.”2
In recent years, we have witnessed the rule of law being tested in
many arenas, including evident crimes against international norms
occurring in the Russian invasion of Ukraine. As many concerned
observers have pointed out, the issues that motivated CAIL’s creation in
1947 remain as urgent as they have ever been during its history. CAIL
carries on its founder’s belief that professional education and the
cultivation of communities with shared values are needed to ensure that
those charged with protecting the rule of law continue to serve with
exceptional skills, ethical integrity, and a commitment to justice.
CAIL’s 75th anniversary gives us the opportunity to reflect on what our
collective responsibility is to ensure a just society for future
generations to come.TBJ
KARLA P. LÁRRAGA
is the communications officer at the Center for American and
International Law. Lárraga, a member of the Public Relations Society of
America and a former contributor to the Forbes Communications Council,
has built her career around the education, nonprofit, professional
sports, and real estate industries. She is an alumna of Baylor
University, where she studied public relations and international
studies.