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The Need for Curtains of the Soul: Privacy Versus Transparency in the Instrumented World of Algorithmic Artificial Intelligence
Get PDFWe approach a privacy singularity in pervasive data collection and inference that may reveal all about our lives. While privacy might not yet be dead, we struggle to maintain its shield for personal autonomy. Part of this contemporary challenge comes from the massive data sets generated every day everywhere. And then the powerful analytics that reveal all. This is further challenged by efforts at data transparency that may reveal too much of one’s life. Preservation of privacy, if we deem it important enough to preserve, must have a robust set of technical and legislative implementations on collection, storage, transmission and use of all such collections of data, public and private. This includes regulation of governmental and private transparency to best assure the protections of the privacy of people. But such protections may conflict with laws protecting freedom of expression or supporting law enforcement, making for greater justification for regulation that demonstrates a compelling need to protect the lives and personal autonomy of others. Yet the importance of protecting that core of people’s lives means we must find a legal/technical curtain to protect those lives from the utter destruction of their privacy and right to personal autonomy
Genomic Insights into Isolation of the Threatened Florida Crested Caracara (Caracara plancus)
No full textWe conducted a population genomic study of the crested caracara (Caracara plancus) using samples (n = 290) collected from individuals in Florida, Texas, and Arizona, United States. Crested caracaras are non-migratory raptors ranging from the southern tip of South America to the southern United States, including a federally protected relict population in Florida long thought to have been isolated since the last ice age. Our objectives were to evaluate genetic diversity and population structure of Florida’s apparently isolated population and to evaluate taxonomic relationships of crested caracaras at the northern edge of their range. Using DNA purified from blood samples, we conducted double-digest restriction site associated DNA sequencing and sequenced the mitochondrial ND2 gene. Analyses of population structure using over 9,000 SNPs suggest that two major clusters are best supported, one cluster including only Florida individuals and the other cluster including Arizona and Texas individuals. Both SNPs and mitochondrial haplotypes reveal the Florida population to be highly differentiated genetically from Arizona and Texas populations, whereas, Arizona and Texas populations are moderately differentiated from each other. The Florida population’s mitochondrial haplotypes form a separate monophyletic group, while Arizona and Texas populations share mitochondrial haplotypes. Results of this study provide substantial genetic evidence that Florida’s crested caracaras have experienced long-term isolation from caracaras in Arizona and Texas and thus, represent a distinct evolutionary lineage possibly warranting distinction as an Evolutionarily Significant Unit (ESU) or subspecies. This study will inform conservation strategies focused on long-term survival of Florida’s distinct, panmictic population
A Free Speech-Based Response to Media Polarization
Get PDFThe degree of polarization, distrust, and animosity in the political elements of our social media have reached remarkable levels. But any attempt to address the relevant problems that requires legal enforcement inevitably raises serious issues of free speech and free press. Relying instead on fact checkers has its own numerous, substantial, and inevitable limitations, some of which parallel the very problems sought to be addressed. More promising are political social media reforms, akin to that proposed herein, that are voluntary, generally pluralistic and critical, reflective of the relevant social science evidence, and unlikely to raise problems of free speech and freedom of the press
Targets, Fields, and Tactics: Multi-Institutional Legal Mobilization in the Campaign of the U’wa People in Colombia
No full textProfessor Rueda-Saiz of the University of Miami School of Law, presented his work Targets, Fields, and Tactics: Multi-Institutional Legal Mobilization in the Campaign of the U’wa People in Colombia. The article discusses the trend of transnational indigenous mobilization against oil extraction, focusing on the U’wa indigenous group\u27s successful campaign against oil companies.https://ecollections.law.fiu.edu/faculty-workshops/1065/thumbnail.jp
Queer Rights After Dobbs v. Jackson Women’s Health Organization
No full textProfessor Robin Maril of Willamette University College of Law presented her work Queer Rights After Dobbs v. Jackson Women’s Health. This article asks what Dobbs means for our understanding of individual liberty, specifically with respect to queer rights.https://ecollections.law.fiu.edu/faculty-workshops/1064/thumbnail.jp
The Waiting Game: Who Benefits from Recovered Assets Associated with Venezuelan State Corruption? Remission as a Solution
Get PDFThe Bolivarian Republic of Venezuela (“Venezuela”) has, and continues to undergo, significant political and economic challenges stemming from government corruption. In response, the United States government has seized assets of current or former Venezuelan state officials associated with criminal wrongdoing, imposed sanctions on Nicolas Maduro’s government, and proposed legislation to combat corruption. The Department of Justice (“DOJ”) has led dozens of prosecutions against those responsible for these crimes through its use of asset forfeiture, a critical tool in the recovery of illicit proceeds. An estimated 1.5 billion identified in U.S. court filings. The U.S. government has freed up assets on a very limited basis for emergency use by the U.S.-recognized opposition government. This begs a few questions: will these assets be returned to victims of corruption, and, if so, when, to whom, and how? To remedy this dilemma, the U.S. government should open the door to reviewing petitions for remission: a DOJ-led mechanism used to compensate victims that experienced a pecuniary loss as a result of a crime underlying forfeiture. This process, which is authorized under the forfeiture statutes and other regulations, has proven to be successful when compensating victims in large, multi-victim, white-collar crime cases. However, the review and approval of remission applications lies solely in the hands of the DOJ, with no possibility for judicial review. Still, victims that can meet the intricate requirements of remission have a chance at compensation for their financial losses. Through this process, the DOJ’s Asset Forfeiture Program can accomplish one of its primary goals in support of those affected by Venezuelan-state corruption: recover and return forfeited assets to victims.
Third Annual Report to the Editor-in-Chief
Get PDFThis the third annual report of the results of the constitutional law haiku contest conducted in my section of Constitutional Law at the FIU College of Law