399 research outputs found
Proof Beyond a Reasonable Doubt: A Balanced Retributive Account
Get PDFThe standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to support an even higher standard have been offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty
Fourth Amendment Rights for Nonresident Aliens
No full textThe U.S. National Security Agency has nearly unlimited authority to spy upon citizens of foreign countries while they are outside the United States. It goes almost without saying that such targeting of U.S. citizens, without any hint of individualized suspicion either of criminal wrongdoing or of being a threat to national security, would be constitutionally prohibited under the Fourth Amendment. However, the dominant view in the American legal community is that there is nothing constitutionally wrong, or even suspect, about such targeting of nonresident aliens.
This article argues that the dominant view of the law is wrong both descriptively and normatively. It is wrong with regard to the proper interpretation of the relevant constitutional case law, because that case law is more open ended and unclear than the dominant view represents it as being. And it is wrong with regard to the underlying legal and moral principles that should guide the interpretation and development of constitutional law. Those principles call for recognizing that nonresident aliens enjoy constitutional protection against unjust harms—a point argued for in a companion paper, “Constitutional Rights for Nonresident Aliens.” And those same principles imply that nonresident aliens enjoy the Fourth Amendment’s prohibition on unreasonable searches and seizures.Peer reviewe
The Use and Abuse of Definitions in Constitutional Law: A Critique of Justice Roberts's Dissent in Obergefell v. Hodges
No full textJustice Roberts’s dissent in Obergefell v Hodges – the case in which the US Supreme Court found a constitutional right for same sex couples to marry – rested on the premise the Court cannot invoke the right to marry as a basis for changing the definition of marriage. But his argument works only if the Court has no obligation to find a constitutional meaning for the term. I argue here that it has such an obligation. I argue further that an analogy with the concept of ‘person’ throws light on how that obligation should work. And finally, I argue that the most plausible constitutional definition would include same sex couples.Peer reviewe
Constitutional Rights for Nonresident Aliens: A Doctrinal and Normative Argument
No full textThe decision in Boumediene v. Bush, 553 U.S. 723 (2008), held that nonresident aliens (NRAs) detained for years in Guantanamo have a constitutional right to bring a habeas petition to challenge their detention. But the larger issue of constitutional rights for NRAs remains unresolved. Do NRAs outside of Guantanamo have constitutional rights? If so, do they enjoy substantial protections, such as those under the Fourth and Fifth Amendments? I argue here that the doctrine remains unclear, that the text is likewise unclear, that originalist arguments should carry little force, but that the normative argument is clear. As a condition of the legitimacy of U.S. law, NRAs must enjoy a range of constitutional rights that protect them from unjust harm at the hands of the United States
Triple translation: academic and managerial discourses of knowledge transfer policy in a new university in Scotland
No full textHigher education systems in many parts of the world are experiencing the emergence of policies for knowledge transfer (KT). KT policy discourse reflects attempts to make universities more responsive to the needs of the knowledge economy (KE) and can be seen as a trend towards extracting a greater contribution from universities to the economy and society as a whole. This paper explores some of the practical tensions associated with operationalisation of KT policy with an institutional case study. Discourse analysis of university documents, and interviews with managers and academics, highlight the struggle between policymakers and academics around development of a KT strategy.</p
Context and the institutionalisation of PRME: the case of the University for the Common Good
Get PDFThis study assesses the significance of the degree of senior management commitment in determining the adoption and implementation of the United Nations Principles for Responsible Management Education (PRME). A case study of a Scottish PRME signatory institution confirms the suggestion in the literature that top-down commitment is a key driver of the implementation of PRME, but also suggests that the nature and shape of this commitment is likely to vary from Institution to Institution. It is concluded that attention to the local context and prevailing organisational circumstances is required to explain the timing of institutional commitment to PRME, the specific challenges that business school leaders face as they strive to institutionalise PRME, and the types of strategy employed
Alec Grant: a living tribute
No full textPurpose - This paper aims to provide a living tribute to the leading autoethnographer, Alec Grant. Design/methodology/approach - Alec provided Jerome with a list of names of people he might approach to write a tribute on his behalf. Findings - The accounts describe the influence that Alec has had both as an educator and as a trusted colleague for the people approached. Research limitations/implications - While this is a living tribute, it is about one man and could, therefore, be described as a case study. Some people wonder what can be learned from a single case study. Read on and find out. Practical implications - Alec has carved out a path for himself. In many senses, he chose ''The Road Less Travelled''. He has never shied away from challenging ''The System'' and defending the rights of the marginalized and socially excluded. It is not a road for the faint-hearted. Social implications - For systems to change, radical thinkers need to show the way. ''Change keeps us safe'' (Stuart Bell). Originality/value - Alec was a well-known and highly respected cognitive behavioural academic practitioner and the author of key textbooks in the field. He then decided to reinvent himself as an autoethnographer. This has brought him into contact with a much more diverse group of people. It has also brought him home to himself
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