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REVISED TESTIMONY OF PROFESSOR BENJAMIN G. DAVIS UNIVERSITY OF TOLEDO COLLEGE OF LAW BEFORE THE HOUSE WAYS AND MEANS COMMITTEE HEARING ON THE DISPROPORTIONATE IMPACT OF COVID-19 ON COMMUNITIES OF COLOR (May, 26, 2020)
As we watch the revival of the first wave and anticipate an inevitable second wave of the COVID-19 pandemic, the intentionally inept federal, uneven and dangerous state and local, and self-interested business response to the COVID-19 pandemic is a horrifying experience.
As the reality of the situation unfolds, the breach of public trust is breathtaking. The clear indifference of large swathes of the governing class to the welfare of the citizens whom they are sworn to protect is monstrous.
This testimony asks your committee to consider carefully when that monstrosity starts to look like a crime or even a crime against humanity.
This testimony presents a French precedent for domestic criminal liability of state actors, compares the American approach (Part I), and then examines the American response as a matter of international criminal law as a crime against humanity (Part II).