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Fear, Loathing, and the Hemispheric Consequences of Xenophobic Hate
No full text“When you have fifteen thousand people marching up . . . how do you stop these people?” “You shoot them” [crowd member shouts] [chuckling, Trump responds:] “[O]nly in the Panhandle can you get away with that thing.”1 President Donald Trump
“Thousands of criminal aliens. They’re pouring into our country.”2 President Donald Trump
“They’re not people, these are animals.”3 President Donald Trump
“Take a look at the death and destruction that’s been caused by people coming into this country caused by people that shouldn’t be here.”4 President Donald Trump
“ [We] have millions and millions of people pouring into our country.”5 President Donald Trump
“We cannot allow our [c]ountry to be overrun by illegal immigrants.”6 President Donald Trump
“We will be overrun with crime and with people that should not be in our country.”7 President Donald Trum
Environmental Protection and Human Rights in the Pandemic
Get PDFThe Covid-19 outbreak in 2020 took the world by surprise. The virus spread quickly around the globe and death tolls were constantly on the rise at early stages of the pandemic. Although vaccine rollouts have helped halt the number of deaths, inequality in accessing vaccines and effective treatments is still a major issue. From the onset, Covid-19 negatively impacted global well-being and myriad human rights. The present report examines how environmental protection and related human rights have been affected by the Covid-19 pandemic. Based on link between environmental and human health, this report focuses on ecological human rights. The report aims to assess the negative effects of Covid-19 on the enjoyment and realization of particular rights, including the right to a healthy environment, the right to food, the right to water, the right to life and the right to health. It discusses how the pandemic interplays with the Sustainable Development Goals and Agenda 2030. The report also highlights how the pandemic in and of itself, as well as governmental response measures to it, have played a role in exacerbating pre-existing social and economic inequalities. The report places a special focus on the impact of response measures on marginalized groups, namely Indigenous communities, Afro-descendant communities and environmental defenders. The world is now facing the challenge of building back better. With this in mind, the report provides specific recommendations on how to move forward in a way that ensures human and environmental health are protected. These recommendations are mainly directed at international organizations and States in their decision-making processes. As they continue to face the devastating effects of the pandemic, States and international organizations need to guarantee that inequalities are not furthered and that the rights of marginalized groups are particularly protected
Hidden Killers and Imagined Saints: Why Courts Fail to Identify Unconstitutional Jurors in Death Penalty Cases
No full textWhat if half of the people in the jury pool for a capital case are unqualified to sit—and the lawyers are not accurately identifying and removing them? And what if the lawyers are actually identifying the wrong people as unqualified and removing them instead? This appears to be the case. The Constitution prohibits jurors who will always (or never) vote to impose the death penalty. As developed in this Article, the existing social science suggests that 5– 30% of potential jurors may be automatic death penalty (ADP) voters and between 2–34% may be automatic life sentence (ALS) voters. Further, lawyers are not accurately identifying them. Researchers have surveyed jurors who sat in capital cases and found that a stunning 14–57% were ADP voters, while 2–7% were ALS voters. Meanwhile, qualified venirepersons are being tossed out. Researchers have found that 60–65% of those classified as ALS could vote for death in some circumstances, and at trial, this would result in the exclusion of life-leaning venirepersons. The high rate of improperly included ADP voters along with the high rate of improperly excluded lifeleaning voters stacks the jury pool against the defendant. This unfair and unreliable process calls into question whether the death penalty is constitutional as applied. What can we do about it? This Article draws on the social sciences to show that there are two likely sources for this inaccuracy. First, potential jurors make it through the selection process because lawyers ask questions that invoke social desirability bias. This means that the potential jurors answer in ways that will portray themselves in the best possible light, even if that answer does not reflect what they really feel. Next, the lawyers fail to define “capital murder” when questioning potential jurors. The lawyers do not specify that “capital murder,” in most jurisdictions, is willful, deliberate, premeditated murder. Potential jurors who are ADP may be thinking, “Well, I would vote for life if the defendant didn’t mean to kill the victim; or the killing was an accident; or was in self-defense; or the defendant was adequately provoked; or the defendant was insane.” They think they can vote for life in some circumstances—but under those circumstances, the defendant would not be death-eligible. This Article then provides suggestions for addressing these two sources of error
Cuban Socialism 2.0: Priming Markets Through Peso Devaluation
No full textProfessor Jose Gabilondo of FIU College of Law, presented his work Cuban Socialism 2.0: Priming Markets Through Peso Devaluation, this analyzes reforms that eliminate the economic vestiges of Cuba’s past as a satellite of the Soviet Union.https://ecollections.law.fiu.edu/faculty-workshops/1060/thumbnail.jp
The Lost History of Delegation at the Founding
No full textProfessor Christine Kexel Chabot, of Loyola University Chicago School of Law presented her work The Lost History of Delegation at the Founding, this article shows that there is no occasion to abandon precedent, as a more accommodating nondelegation doctrine has been with us from the start.https://ecollections.law.fiu.edu/faculty-workshops/1061/thumbnail.jp
