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Why International Law Favors Emigration Over Immigration, Thomas Kleven
Why International Law Favors Emigration Over Immigration, Thomas Kleven
Thomas Kleven
No abstract provided.
On Brown V. Board Of Education's 50th Anniversary: To Integrate Or Separate Is Not The Question
On Brown V. Board Of Education's 50th Anniversary: To Integrate Or Separate Is Not The Question
Thomas Kleven
By ending official apartheid, Brown represented a great victory in the struggle for racial justice in the United States. Following more than a decade of inaction as a result of its “all deliberate speed” formulation, and in response to the then prevailing sentiment among the proponents of Brown, the Supreme Court began to push for the integration of school districts that engaged in segregation by law or practice. This integrationist push lasted from the late 1960s to the late 1970s. Beginning in the mid-1970s the Court began to limit the remedies for segregation by law or practice, and beginning in …
On The Freedom To Associate Or Not To Associate With Others
On The Freedom To Associate Or Not To Associate With Others
Thomas Kleven
This article discusses the freedom to associate or not to associate with others. Associational issues are pervasive in the law, and arise on both an individual and a societal level. Within societies one party may want to have an association with another who doesn’t want the association, or parties may want to have an association that others find objectionable or may want not to have an association that others favor. In all of these situations society as a whole must decide whether to empower one party to impose an unwanted relationship on others, and whether to prohibit associations that parties …
Is Capital Punishment Immoral Even If It Does Deter Murder?
Is Capital Punishment Immoral Even If It Does Deter Murder?
Thomas Kleven
After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment …