29 research outputs found

    Humpty Dumpty on Mens Rea Standards: A Proposed Methodology for Interpretation

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    When I use a word.., it means just what I choose it to mean-neither more nor less. , This statement by Humpty Dumpty sets forth the argument of this Note: words used to describe mens rea in federal criminal statutes have plain, ordinary meanings. When the United States Supreme Court interprets these statutes, it should do so according to the words\u27 plain meanings. Because the Court has not used this approach in past cases, the law of mens rea on the federal level is confusing and inconsistent. The Court has tried to repair poorly drafted statutes by interpreting them in various ways to achieve what it thought was the correct result. By applying different interpretation techniques, however, the Court has developed an ad hoc mens rea jurisprudence that confuses people about what mental state is necessary for conviction under federal criminal laws. People thus cannot order their affairs to avoid violating the law. To clarify the law, the United States Congress and the Supreme Court should engage in a law-making dialogue that results in Congress drafting clearer statutes and the Court interpreting those statutes according to the words\u27 plain meanings. The Supreme Court\u27s mens rea analysis in federal criminal cases is least settled in cases involving the knowingly standard. The Court apparently interprets other mens rea standards, such as willfully, purposely, and recklessly, consistently. The Court has more difficulty interpreting knowingly, because it falls in the middle of the mens rea standard hierarchy. Willfully, the most stringent standard, implies either a full understanding of both the law and the facts or an understanding of egregious facts that indicate the defendant knew she was doing something wrong. Recklessly, one of the lowest standards, implies very little thought. Knowingly, however, indicates a standard somewhere above recklessness and below fully-informed thwarting of the law. Determining exactly what it means to act knowingly appears to be difficult for the Court. Although the Court has consistently defined knowingly to require that the defendant actually knew he committed. the acts that made his conduct criminal, the Court applies this definition only if doing so will allow the Court to reach its desired result .For instance, when the Court hears a case involving a statute that criminalizes morally suspect behavior, it defines knowingly to require only that the defendant knew he acted, regardless of whether the defendant knew those actions were illegal. In cases that involve statutes that may be read as criminalizing otherwise innocent conduct, the Court defines knowingly to mean that the defendant knew the facts about his or her actions and that those actions were illegal

    Advocating for platform data access : challenges and opportunities for academics seeking policy change

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    Independent researchers’ access to digital platform data is critical for our understanding of the online world; yet recent reflections have shown that data are not always readily available (Asbjørn Møller & Bechmann, 2019; Bruns, 2018; Tromble, 2021). In the face of platform power to determine data accessibility, academics can often feel powerless, but opportunities and openings can emerge for scholars to shape practice. In this article, we examine the potential for academics to engage with non-academic audiences in debates around increased data access. Adopting an autoethnographic approach, we draw on our personal experiences working with policymakers and digital platforms to offer advice for academics seeking to shape debates and advocate for change. Presenting vignettes that detail our experiences and drawing on existing scholarship on how to engage with non-academic audiences, we outline the opportunities and challenges in this kind of engagement with a view to guiding other scholars interested in engaging in this space

    Transparantie rond digitale politieke advertenties laat te wensen over

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    The Institutions of Politics; Design, Workings, and implications ( do not use, ended 1-1-2020

    Like-minded sources on Facebook are prevalent but not polarizing

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    Many critics raise concerns about the prevalence of ‘echo chambers’ on social media and their potential role in increasing political polarization. However, the lack of available data and the challenges of conducting large-scale field experiments have made it difficult to assess the scope of the problem 1,2. Here we present data from 2020 for the entire population of active adult Facebook users in the USA showing that content from ‘like-minded’ sources constitutes the majority of what people see on the platform, although political information and news represent only a small fraction of these exposures. To evaluate a potential response to concerns about the effects of echo chambers, we conducted a multi-wave field experiment on Facebook among 23,377 users for whom we reduced exposure to content from like-minded sources during the 2020 US presidential election by about one-third. We found that the intervention increased their exposure to content from cross-cutting sources and decreased exposure to uncivil language, but had no measurable effects on eight preregistered attitudinal measures such as affective polarization, ideological extremity, candidate evaluations and belief in false claims. These precisely estimated results suggest that although exposure to content from like-minded sources on social media is common, reducing its prevalence during the 2020 US presidential election did not correspondingly reduce polarization in beliefs or attitudes

    Review of the ecohydrological processes and feedback mechanisms controlling sand-binding vegetation systems in sandy desert regions of China

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    Alumni gratitude and academics: Implications for engagement

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    Gratitude may help Universities to sustain relationships with alumni and stimulate valuable input into current students’ learning experiences. This small-scale, qualitative study draws from the voices of alumni associated with a UK University. The study explores gratitude’s role within alumni’s reflections on Higher Education. We find that alumni’s feelings of gratitude appear to resonate most clearly towards academic teaching staff. Despite these feelings of gratitude, there are few verbal expressions of gratitude from alumni towards academics. Indeed, alumni have a variety of concerns about saying thank-you to academics including feeling awkward and may even see saying thank-you as a sign of weakness. However, hidden expressions of gratitude are evident. Alumni engage in behaviour which benefits the institution and are prepared to do more if asked, especially by key academic staff. We therefore suggest that it is useful to think of expressions of gratitude as known and unknown. The inequity between feelings of gratitude and known expressions of gratitude may mean that universities and academics remain less alert to the evidence and potency of gratitude within Higher Education than reality would merit. Indeed, we argue that gratitude is a central idea with the ability to inform HEIs’ alumni engagement strategies. This research presents an opportunity to understand the importance of alumni gratitude towards academics and how this can facilitate known expressions of gratitude from a growing alumni base, for the benefit of current students
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