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Underprosecution Too
Get PDFThis Article makes two main contributions to existing literature. First, it asserts that in deciding whether to pursue sexual assault charges, prosecutors should not rely on the convictability standard. Assessing evidentiary sufficiency in sexual assault cases through the lens of a hypothetical jury is misguided because it incorporates a myriad of jurors’ extralegal considerations of victims’ behaviors, consisting of racialized, gendered, class, status and other prejudices and biases against victims.35 Declining to prosecute sexual assault based on the convictability standard not only perpetuates unwarranted misconceptions about certain victims, but also reinforces their marginalization by exacerbating the legal system’s unequal and discriminatory treatment. Instead, this Article proposes the reasonable prosecutor’s evidentiary sufficiency standard under which prosecutors should take into account only legal factors directly relevant to the evidentiary strength of the sexual assault case at issue.36 This proposed standard asks only whether a reasonable jury could convict the defendant based on the admissible evidence, rather than predicting whether jurors would likely do so
Unservice: Reconceptualizing the Utility Duty to Serve in Light of Climate Change
Get PDFMany facets of utility monopoly regulation are approaching a minimum of eight decades as part of our legal landscape. A bedrock principle of state utility regulation is the duty to serve, which demands that utilities provide nondiscriminatory service to all those within their geographic territory for the specific service for which they have been granted a monopoly. Within its exclusive territory, a utility is required “to serve all present and reasonably to be anticipated future users.” Each state has adopted some form of this for its regulated monopolies, although formulations differ. This Article argues that in light of climate change impacts, the duty to serve must change
Valuing Community Engagement Throughout the Faculty Recruitment Process
Get PDFDepartment chairs and search committees play critical roles in recruiting community-engaged scholars to higher education institutions. This report summarizes some of the benefits of hiring community-engaged scholars across disciplines. The report also provides concrete strategies departments can use to both plan and execute a faculty search process that results in the hiring of a community-engaged scholar who brings the skills and experiences needed to succeed in the position and thrive in both the university and community
Writing infrastructure with the fabric of digital life platform
No full textTeaching writing involves helping students develop as critical communicators who use writing to question often-unseen systems of power enabled by infrastructures, including digital spaces and technologies. This article uses Walton, Moore, and Jones\u27 (2019) 3Ps Framework---positionality, privilege, and power---to explore how, through assignments we developed incorporating the Fabric of Digital Life digital archive, instructors can make visible to students the invisible layers of infrastructure. Using the 3Ps framework, we illustrate how our pedagogical approach encourages students to use writing to interrogate digital infrastructure and the ways it is entangled with positionality, privilege, and power
The Personal Saving Rate: Data Revisions and Forecasts
Get PDFRevisions to the U.S. personal saving rate are very large and may be predictable. We decompose the revisions of the personal saving rate into those caused by revisions to income and those caused by revisions to household outlays. We use our findings to explore the forecastability of future revisions of the personal saving rate
You Survive Teletransportation
No full textSuppose that it was possible to teletransport. The teletransporter would destroy your old brain and body and construct an identical brain and body at a new location. Would you survive teletransportation? Many people think that teletransportation would kill you. On their view, the person that emerges from the teletransporter would be a replica of you, but it wouldn\u27t be you. In contrast, I argue that there\u27s no relevant difference between teletransportation and ordinary survival. So, if you survive ordinary life, then you survive teletransportation. Yet my argument may also show that we have little prudential reason to care about our survival in general
Curb Your Heroism: How Larry David, an Old, Bald Misanthrope, Won the Hearts of Millions
Get PDFFor eleven television seasons, viewers of the series Curb Your Enthusiasm have been witness to a main character in Larry David who paradoxically displays attributes that are both endearing and revolting. This article offers an analysis of Larry David’s character with the goal of ascertaining his heroic nature, specifically focusing on whether he best meets the scientific criteria for a hero or for an antihero. Drawing from the literature of heroism science, we examine a large body of evidence from episodes of the series supporting arguments for both heroism and antiheroism in Larry’s character. Consistent with definitions of heroism, Larry manifests deviance, humility, loyalty to principles, and a growth mindset. Yet consistent with antiheroism, Larry shows selfishness, social insensitivity, manipulativeness, and resistance to growth. We conclude that any inconsistencies in his character can be understood through a consideration of Curb Your Enthusiasm’s comedic goals and sensibilities
Sparking a Movement: A Coordinated, Bottom-up Approach to Increase Voluntary Pro Bono Service and Mend the Justice Gap
Get PDFFor decades, the legal profession has tried and tried again to increase pro
bono representation and reduce the ill effects of the Justice Gap. A common
and increasing theme has been a top-down approach focused on laudable
platitudes, jurisdictional reporting policies, and aspirational guidelines to
inspire attorneys to voluntarily serve low-income Americans. These efforts
have enjoyed very little success, however, and with the Justice Gap only getting
worse, a new solution is needed. This Article shifts the focus away from
these top-down methods and mandates, which lack accountability and incentives,
to a bottom-up approach that offers a more viable solution to the Justice
Gap. In a bottom-up approach, attorneys are not only encouraged, but
empowered, to provide services in coordination with other stakeholders. The
COVID-19 pandemic both aggravated and highlighted the Justice Gap and,
as a result, it has the potential to act as the necessary “social change tipping
point” to spark a movement. Therefore, the time is ripe for all legal professionals
to collectively take steps toward service, however small they may
seem, to effectively and sustainably treat the Justice Gap once and for all
A Virtual Reality: Preserving the Right to Appear In Person Before an Administrative Separation Board
Get PDFPrior to the COVID-19 pandemic, courts and government agencies utilized
video teleconference (“VTC”) technology to conduct trials and hearings in
limited settings. However, as the pandemic progressed, a number of these
adjudicative bodies began to rely more heavily on VTC, and at least one military
service sanctioned the use of VTC to conduct administrative separation
proceedings. The administrative separation process is routinely used as an
employment action to separate military members from an armed service. Due
to its speed and efficiency, military commanders often elect to use the administrative
separation process over the more rigorous court-martial procedure
to effect good order and discipline. While military commanders are empowered
with significant discretion to adjudicate misconduct within their
ranks, military members receive fewer procedural due process rights at an
administrative separation board compared to the rights afforded at courtsmartial.
This article argues that conducting separation proceedings entirely
over VTC would violate a service member’s due process rights when the
member is subject to separation under other than honorable conditions. In
particular, this article examines the origin and nature of military administrative
separation proceedings, shedding light on Congress’ historical emphasis
that the proceedings be conducted “in person.” This historical gloss, combined
with the quasi-criminal nature and lifelong consequences of such proceedings,
necessitates that service members be afforded the opportunity to be
physically present when presenting their defense before an administrative
separation board