Should Anyone Care that Sexual Assault is “Out of Character” for Biden?

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers what people mean when they say that a sexual assault allegation seems “out of character” for a particular person and explains why that reasoning is logically flawed. Focusing on differences between how people behave publicly and privately, Colb argues that the lack of an observed pattern of sexual misconduct is not evidence that a person did not engage in sexual misconduct on a specific occasion.

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Center for Biological Diversity v. Esper

Docket: 18-16836

Opinion Date: May 6, 2020

Judge: Janis Graham Jack

Areas of Law: Environmental Law, Government & Administrative Law

The Ninth Circuit affirmed the district court's grant of summary judgment to the Department of Defense in an action challenging the Department's construction and operation of an aircraft base in Okinawa, Japan. Plaintiffs also challenged the potential adverse effects on the endangered Okinawa dugong. The panel held that the Department complied with the procedural requirement that it "take into account" the effects of its proposed action on foreign property under Section 402 of the National Historic Preservation Act (NHPA). The panel also held that the Department's finding that its proposed action would have no adverse effect on the foreign property was not arbitrary, capricious, an abuse of discretion, and/or contrary to law in violation of Section 706 of the Administrative Procedure Act (APA). In this case, the Department met its procedural obligations and its finding of "no adverse impact" was not arbitrary and capricious.