Rutgers Law Connects Graduates to Prestigious Clerkship at South Africa’s Highest Court
Emily Rathburn’s ’23 passion for international law and human rights led to an extraordinary experience as a foreign law clerk at the Constitutional Court of South Africa, which, like the U.S. Supreme Court, is the apex judicial body of that country. According to the program’s description, the “South African Foreign Law Clerk Programme” is for “outstanding recent graduates and young lawyers,” and Rathburn exemplified that standard of excellence. Through the program, Constitutional Court justices appoint young lawyers from around the world to serve as their clerks. Working alongside South African law clerks, each foreign law clerk assists a specific judge by conducting extensive legal research and writing and by helping to draft memoranda, prepare for hearings, and provide editorial suggestions for judgments.
While at Rutgers Law, Rathburn was shaping her journey toward post-graduation through extracurricular activities such as serving as Editor-in-Chief of Rutgers International Law and Human Rights Journal and by taking a class on South African Constitutional Law in her second year, a study-and-travel course that involves a semester of reading and writing about South African law that also includes travel to South Africa over the law school’s spring break. Rathburn was drawn to the program because her studies had always focused on human rights and international law, both of which have deeply influenced South Africa’s historically significant constitution.
About her participation in the course, Rathburn explained, “I had some historical background on South Africa, and the end of apartheid. But I had wanted to learn a lot more about it, including how they were able to move forward to now have one of the world’s most progressive constitutions.”
That was how Rathburn came to be traveling with four of her classmates in South Africa for about 10 days in March of 2022. The experience included a visit to the celebrated Constitutional Court of South Africa where she met Justice Leona Valerie Theron for the first time. Justice Theron’s career arc, with her service at the age of 32 as a trailblazing black female judge and the youngest judge in the country, inspired the Rutgers students on that trip. This led to an invite from Rutgers MSP to Justice Theron to come and keynote the MSP kickoff event later in 2022. At that event, Justice Theron shared her own story of an illustrious career against unlikely odds amid a political transformation in South Africa that has been closely watched the world over.
Because of this encounter, Rathburn knew she wanted to explore the foreign law clerk program.
After graduating and clerking for Judge Francis J. Vernoia, P.J.A.D. in the Appellate Division of the New Jersey Superior Court, Rathburn then spent six months as a foreign law clerk from January 1 until June 30, 2025, working under Justice Theron. There was little time for adjustment as she and her fellow clerks “had to hit the ground running.” To adapt to a new culture and legal system, Rathburn said the key to success “was recognizing that there was going to be much that I didn’t know, and that I would have to learn as I went [into the clerkship.]” Most of her day-to-day activities closely mirrored those in the U.S. courts including drafting new application memos (similar to reviewing Supreme Court “cert petitions”), writing recommendations as to Court jurisdiction to hear new applications, and researching precedents to support judgments.
Many of the cases Rathburn worked on have not yet been handed down, limiting her ability to speak about specifics. However, one notable opinion by Justice Theron stood out. The Jana Jordaan and Others v Minister of Home Affairs and Another (CCT 296/24) [2025] ZACC 19 case focused on the Births and Deaths Registration Act, which allowed a woman to change her surname automatically upon marriage. However, that option was not afforded to men upon marriage and the Court found it unconstitutional because there was unfair discrimination on a listed ground — gender. Rathburn reflected, “It was exciting to see the matter unfold and play a role in helping Justice Theron prepare a judgment with such consequential impact.” You can read more details about the case here.
Now that Rathburn has completed her time in South Africa and returned to the U.S., she is clerking for Judge Kari A. Dooley, U.S.D.J. at the U.S. District Court for the District of Connecticut in Bridgeport, for a two-year term. Ultimately, she hopes to work for a non-profit organization focused on human rights and international law. Some of her dream organizations include the American Civil Liberties Union (ACLU), Center for Constitutional Rights, the International Rescue Committee, and Kids in Need of Defense.
Rathburn offered advice to other recent Rutgers graduates interested in the program. She said, “It’s a big jump, but it’s extremely rewarding. If human rights and international law are what you’re passionate about, then South Africa is an incredible environment, and there are a lot of amazing people to learn from. I think it’s worth it if it’s an opportunity you can take.”
Foreign clerkship applications are considered on a rolling basis. 3Ls or recent graduate applicants should indicate which term they would like to apply for, or terms, if they are flexible. Generally, the terms are January-June or July-December. The application may be emailed to Ms. Elizabeth Moloto at emoloto@concourt.org.za and copy applications@concourt.org.za with “Foreign Law Clerk Application” in the subject line. You can find more information here.
The Constitutional Court does not provide any remuneration for foreign clerks. Rathburn received funding from the Sylvia Lopez International Public Interest Fellows fund, which was established by a Class of 1999 alumni.
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