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Hear Me Out: What is Our Obligation to Listen?
No full textMost scholarly discussions about “cancel culture” focus on the extent to which imposing economic or social sanctions on speakers violates the principle of free speech. In this essay, I consider a related question, which is whether deliberately avoiding, ignoring, or blocking speakers one disagrees with is antithetical to free speech. Although it might seem strange to suggest that a principle concerned with the right to speak entails an obligation to listen, I argue that genuine “good faith” listening is necessary to further the goals free speech is designed to serve. However, I also argue that this obligation is imperfect, or limited; it does not require us to listen to everything said by every speaker. Nor does it require us to listen in perpetuity to arguments that have been repeatedly discredited. We send messages through the things we listen to as well as the things we say. Providing an audience for those who deny the Holocaust or claim the earth is flat suggests those views have something to recommend them. It does not violate a principle of free speech to refrain from sending that message.
This paper is part of a Symposium on “Free Speech Beyond The Constitution” published in 27 Journal of Contemporary Legal Issues (2025)
Guide to the Student Affairs records
Get PDFThe division of Student Affairs at the University of San Diego consists of a wide range of services and resources focused on student wellness and support. Student Affairs is broken down into five main categories: academic support, health and wellness, campus resources, get involved, and finding community. The materials in this collection include photographs from events, information guides, meeting and committee records, as well as student surveys conducted by the Higher Education Research Institute.
Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.
To view this collection please email University Archives and Special Collections staff at [email protected]://digital.sandiego.edu/findingaidsur/1020/thumbnail.jp
Guide to the Commencement Program records (University of San Diego)
Get PDFThese records include the planning materials, speech transcripts, programs and invitations for University of San Diego commencements.
Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.
To view this collection please email University Archives and Special Collections staff at [email protected]://digital.sandiego.edu/findingaidsur/1032/thumbnail.jp
Guide to the Merger collection (University of San Diego)
Get PDFThe San Diego College for Men and School of Law merged with the San Diego College for Women in June 1972 to become the “new” University of San Diego. The collection consists of meeting minutes, consultations, correspondence, reciprocal agreements, and legal documents related to each stage of the merger.
Finding Aids are tools used to aid research by describing the materials in a collection. Special Collections Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.
To view this collection please email University Archives and Special Collections staff at [email protected]://digital.sandiego.edu/findingaidsur/1053/thumbnail.jp
Guide to the University Ministry records
Get PDFThe records of University Ministry (formerly Campus Ministry) document the foundation of Ministry as a campus department. Records also include planning materials for the variety of activities and programs offered by University Ministry as well as photographs and video highlighting outreach programs and retreats.
Finding Aids are tools used to aid research by describing the materials in a collection. University Records Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.
To view this collection please email University Archives and Special Collections staff at [email protected]://digital.sandiego.edu/findingaidsur/1012/thumbnail.jp
Misapplying \u3ci\u3ePinkerton\u3c/i\u3e and Accomplice Liability in the United States Federal Sentencing Guidelines: How Courts Have Wrongly Imprisoned Criminal Defendants for Decades
No full textThe Pinkerton and accomplice-liability doctrines are two of the most maligned doctrines in criminal law. Anyone deemed an “accomplice” to a crime can be convicted of that crime as if they had perpetrated the wrongdoing themselves; similarly, Pinkerton liability, a form of conspiracy liability, permits the government to hold someone accountable for the substantive crimes of another so long as those crimes were “in furtherance of the conspiracy,” “within the scope of the unlawful project,” and reasonably foreseeable “as a necessary or natural consequence of the unlawful agreement.” Scholars, activists, and reformers have criticized the doctrines on both constitutional and ethical grounds for holding a defendant accountable for criminal activity they did not commit themselves. Despite these critiques, the Pinkerton and accomplice-liability doctrines play a heavy role in the United States Federal Sentencing Guidelines. Should a court find that either doctrine applies, a criminal defendant’s sentence could be increased by years or even change from a fixed term to a life sentence.
This Article argues that courts have misinterpreted the Sentencing Guidelines. For decades, courts have routinely applied the two doctrines to increase numerous criminal defendants’ sentences. But the text and structure of the Sentencing Guidelines suggest that these doctrines should be applied in much more limited circumstances. Guidelines are usually either offense-based—meaning the Guideline states that it should be applied “if the offense involved” specific conduct, like the threat of physical harm to a victim—or defendant-based—meaning the Guideline states that it should be applied “if the defendant” was of a certain status or acted in a specific way, like unlawfully possessing a firearm. Courts have ignored this key textual distinction between “offense-based” Guidelines and “defendant-based” Guidelines, applying Pinkerton and accomplice liability indiscriminately to both. This Article argues that Pinkerton and accomplice-liability principles do not apply to defendant-based Guidelines. So, courts are applying Pinkerton and accomplice liability in almost fifty percent of the Guidelines that they shouldn’t.
Courts’ misreading of the Guidelines has led criminal defendants to be sentenced far longer than deserved, exacerbated the mass-incarceration problem in the United States, increased racial disparities in sentencing, and exposed large numbers of people to prison time based on doctrines that are legally and morally tenuous
Building Peace from Afar: Women-Led Peacebuilding from the Diaspora (Executive Summary)
No full textDiaspora communities have long played critical roles in peacebuilding efforts in their countries of origin, yet the contributions of women within these communities remain significantly underexplored and underappreciated. This report seeks to address this gap by focusing on the unique roles, challenges and contributions of women in diaspora-led peacebuilding initiatives. Women in the diaspora — often navigating complex identities and facing distinct challenges — are vital actors in promoting peace, reconciliation and social change in their homelands.
Drawing on a comprehensive review of literature, research interviews, and detailed case studies, this report provides a nuanced understanding of how diaspora women contribute to peacebuilding efforts, particularly in conflict-affected regions. The case studies highlight the experiences of Afghan women peacebuilders in the UK, women peacebuilders from Burma/Myanmar in the US, and Iranian women working to advance societal change and progress, currently based in Iran and Australia, offering concrete examples of how these women overcome significant obstacles and contribute to peace.
The report identifies several key findings. First, it highlights a significant research gap in the study of women-led diaspora peacebuilding, particularly regarding how intersecting identities such as gender, age and immigration status shape their contributions. Second, the report underscores the complex challenges these women face, including safety concerns, online and offline threats of violence, lack of funding, time scarcity, and entrenched patriarchal norms — all of which hinder their ability to engage in peacebuilding fully. Third, despite these challenges, diaspora women employ a range of innovative strategies to contribute to peacebuilding. They engage in advocacy, lead mobilization and grassroots initiatives, document human rights violations and use digital platforms to raise awareness and build international support. Their visions for peace and the future are deeply informed by their experiences as diaspora members; many had engaged in activism in their homelands, and some have experienced being a refugee, asylum-seeker or in exile. These leaders envision peace not only as the absence of violence but as a nurturing environment for all people — including women and girls — by emphasizing inclusive governance, justice and social well-being.https://digital.sandiego.edu/ipj-research/1115/thumbnail.jp