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Applying Artificial Intelligence on Criminal Justice
No full textMohamed Zakaria is Public Prosecutor working for the Egyptian Public Prosecution Office in Cairo, Egypt. He has been granted the Graduate Scholarship for Professionals offered by USAID, to conduct legal research at FIU College of Law on “Applying Artificial Intelligence on Criminal Justice”.https://ecollections.law.fiu.edu/visiting-researcher-profiles/1035/thumbnail.jp
Disaggregating Slavery and the Slave Trade
Get PDFInternational law prohibits slavery and the slave trade as peremptory norms, customary international law prohibitions and crimes, humanitarian law prohibitions, and non-derogable human rights. Human rights bodies, however, focus on human trafficking, even when slavery and the slave trade—and not human trafficking—are enumerated within their mandates. International human rights law has conflated human trafficking with slavery and the slave trade. Consequently, human trafficking has subsumed the slave trade and, at times, slavery prohibitions, increasing perpetrator impunity for slavery and the slave trade abuses and denying full expressive justice to survivors. This Article disaggregates slavery from the slave trade and slavery and the slave trade from human trafficking, arguing that untangling these prohibitions is important for several reasons. First, slavery and the slave trade persist as harms today as evidenced by, inter alia, kafala system abuses in Lebanon, slave market auctions in Libya, and Islamic State (IS) crimes in Iraq and Syria perpetrated against Yazidis. Second, slavery and the slave trade enjoy peremptory status, offering the highest form of protection in international law. Human trafficking does not. Third, naming and addressing violations of the slave trade—the precursory acts to slavery—helps to identify, provide redress, and prevent slavery and slave trade perpetration. Distinguishing the slave trade from slavery, and the slave trade and slavery from human trafficking, affords additional avenues for redress, maximizing full expressive accountability for states’ obligations to prohibit slavery and the slave trade. Finally, delineating these prohibitions provides legal clarity and accuracy, both by correctly characterizing harms and by properly interpreting treaty provisions and jurisdictional mandates. In the short term, playing “fast and loose” with distinct prohibitions undermines international law’s institutional legitimacy. In the long term, state practice and opinio juris that moves away from enforcing against slavery and slave trade harms might lessen or even erode these protective customary international law prohibitions
The ICC Reform Process and the Failure to Address the African State Concerns on the Sequencing of Peace with Criminal Justice Under Article 53 of the Rome Statute
No full textThe relationship of African States with the permanent International Criminal Court (ICC) is critical to the continued success of the ICC and the development of international criminal law. One of the main criticisms of the ICC, by some African States, has centered on the question of how best to sequence peace with justice, or justice with peace, in situations of ongoing conflict such as in Uganda and Sudan. This paper examines the history of the peace-justice clash on the African continent in the context of the 2019 Assembly of States Parties mandated process of ICC reform, taking into account the ICC Office of the Prosecutor’s (OTP) policy paper on the interests of justice. Regrettably, despite the longstanding African State Party concern about the peace-justice interface, the September 2020 ICC independent expert report produced for the Assembly of States Parties missed the opportunity to expressly address this important issue. The author submits that, while the OTP appears to have embraced a more nuanced view of the interests of retributive justice and how they relate to the interests of sustainable peace, it maybe timely for the formal ICC review process to consider how to bring further clarity to resolution of this issue in the context of the ongoing ICC reform discussions. Formally giving the OTP some guidance on how to balance the interests of justice considerations after it begins a formal investigation into a situation should help limit some of the criticisms directed towards the ICC as it engages in the challenging task of dispensing justice for victims of atrocity crimes in Africa and other parts of the world
The Influence of White Exceptionalism on Drug War Discourse
No full textThis punitive U.S. drug policy approach and its attendant symbolic moral crusade are commonly referred to as the “War on Drugs.” While frequently attributed to President Nixon, the inception of the War on Drugs can be traced back to the nation’s first opiate crisis in the late 1800s. Because the War on Drugs has been used as a strategy to further subordinate Black persons and other persons of color, it has disparately impacted these minoritized and subordinated communities. While white Americans use and sell drugs at similar or higher rates than people of color, Black people are 6.5 times more likely than their white counterparts to be incarcerated for drug-related crimes. Consequently, almost eighty percent of people in federal prison and nearly sixty percent of people in state prison for drug offenses are racialized as Black or Latino
Archiving the Pandemic: What it has Meant to Chronicle What we Wish to Forget
Get PDFIn the summer of 2020, when the Covid-19 pandemic and all that it brought it with was still very new, Jindal Global University, where I am a law student, began putting together an archive of this time for the university community. This piece explores what it meant to archive the pandemic while simultaneously living through it, and how other people’s stories and experiences affected my own. Attempting to distance myself from the pandemic did nothing to aid its everyday struggles. Rather, choosing to be intimately involved with how it was affecting the lives of others and also my own proved to be surprisingly luminous
Taxing Choices
Get PDFTax has a choice problem. At all stages of the making of tax, choice plays a role. Lawmakers consider how tax will impact the range and appeal of choices available to an individual. Scholars critique how tax may drive an individual toward or away from a given choice. Courts craft stories of how an individual had either free or deeply constrained choice, using their perception of the facts to guide their interpretation of tax law. And yet for all the seeming relevance of choice to tax, we have no clear definition of what we mean when we talk about choice or whether and when it matters. Drawing upon the insights of contract theory on duress and unconscionability, this Article offers a taxonomy of choice in tax. It then applies the taxonomy to perennial debates in tax to reveal what we are actually talking about when we talk about choice in tax and the ways in which our reliance upon often vague and inconsistent ideas of choice opens the door to bias, perpetuates inequality, and leads tax to be in tension with some of its deep commitments
Crisis, Rupture and Structural Change: Re-imagining Global Learning and Engagement While Staying in Place During the Covid-19 Pandemic
Get PDFThe COVID-19 pandemic led to unprecedented closures of national borders and the withdrawal of much of the social and cultural activities of society into the walls of the home. For us, educators focused on global engagement and analyzing international law and society, the abrupt retreat into the shelter of domestic walls disrupted the very subjects we were studying—inside and outside the classroom. In the pandemic’s first wave, most study abroad and international experiential programs were cancelled indefinitely, and the programs that continued had to operate in an environment of social distancing and uncertainty. We were forced to scramble to accommodate the needs of our students who were suddenly sent home or had travel plans cancelled. At the same time, the global nature of this and other ongoing crises (from humanitarian emergencies that spill across borders to the global impacts of climate change) underscored the need to prepare students for a future where both cross-border crises and the need for international collaboration and education will be heightened. These developments also highlighted the need for a variety of meaningful virtual alternatives for students to acquire the critical skills and knowledge needed to succeed in global and cross-cultural environments. Against this backdrop, in late spring 2020 we turned our focus to developing a course to turn the COVID-19 crisis itself into a virtual international learning opportunity. We aimed to utilize the shared experience of living through a pandemic that was now a global crisis as a starting point for the exploration of global perspectives and responses to crisis, and as a vantage point to help students link their current challenges and experiences to the impact of pandemic in the societies where they had planned to travel for work or study. Isolated in our homes with our own public and domestic lives collapsing and colliding, we aimed to create global connections by creating a space where we and our students could connect the ruptures created by the current crisis to the ruptures and reshaping of perspectives, world views, and personal trajectories that is the hallmark of a transformative global or intercultural encounter. Our goal was to deepen students’ empathetic, contemplative, and communication skills—critical components of global experiential education—while drawing upon literature and pedagogy in these areas and employing experiential learning techniques. The rise of protests related to the Black Lives Matter movement in the middle of the course added a new dimension to our plan and served as a catalyst for both ourselves and our students to move beyond the original course goals and metrics, and to utilize our experiences living through a crisis as to explore how individuals and societies create and grapple with structural change. Similarly, the clashes and re-drawing of lines between our homes, workplaces and classrooms created additional opportunities for connection and to replace reimaging our individual and collective futures. This reflective essay interrogates and records our goals, methods and experiences in creating this classroom space and pedagogical experience during a period of crisis. Ultimately, it memorializes how the experience of developing and teaching this course during the COVID-19 pandemic itself also served as a crucible that reflected the pressures of the pandemic experience, and how our attempts to catalyze change and global engagement for our students were transformative for our own professional and personal trajectories
Anti-Asian American Racism, COVID-19, Racism Contested, Humor, and Empathy
Get PDFThis Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article critiques respectability politics for being an ineffective response to racism. This Article proposes how to utilize humor to engage non-violent racism. This Article studies how to achieve DEI (Diversity, Equity, and Inclusion) by Empathy Through Personal Perspective Pivoting (ETPPP)