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Full-Text Articles in Law

First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen Mar 2012

First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Punishment As Contract, Claire Oakes Finkelstein Jan 2011

Punishment As Contract, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

This paper provides a sketch of a contractarian approach to punishment, according to a version of contractarianism one might call “rational contractarianism,” by contrast with the normative contractarianism of John Rawls. Rational contractarianism suggests a model according to which rational agents, with maximal, rather than minimal, knowledge of their life circumstances, would agree to the outlines of a particular social institution or set of social institutions because they view themselves as faring best in such a society governed by such institutions, as compared with a society governed by different institutional schemes available for adoption. Applied to the institution of punishment ...


The Immigration Paradox: Alien Workers And Distributive Justice, Howard F. Chang Jul 2008

The Immigration Paradox: Alien Workers And Distributive Justice, Howard F. Chang

Faculty Scholarship at Penn Law

The immigration of relatively unskilled workers poses a fundamental problem for liberals. While from the perspective of the economic welfare of natives, the optimal policy would be to admit these aliens as guest workers, this policy would violate liberal ideals. These ideals would treat these workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of incumbent residents determines admissions policies, however, and we anticipate the fiscal burden that the immigration of the poor would impose, then our welfare criterion would preclude the admission of relatively unskilled workers ...


The Disadvantages Of Immigration Restriction As A Policy To Improve Income Distribution, Howard F. Chang Jan 2008

The Disadvantages Of Immigration Restriction As A Policy To Improve Income Distribution, Howard F. Chang

Faculty Scholarship at Penn Law

In this Article, I argue that tax and transfer policies are more efficient than immigration restrictions as instruments for raising the after tax incomes of the least skilled native workers. Policies to protect these native workers frol1'l immigrant competition in the labor market do no better at promoting distributive justice and are likely to impose a greater economic burden on natives in the country of immigration than the tax alternative. These immigration restrictions are especially costly given the disproportionate burden that they place on households with working women, which discourages fel1'wle participation in the labor force. This burden ...


The Economics Of International Labor Migration And The Case For Global Distributive Justice In Liberal Political Theory, Howard F. Chang Jan 2008

The Economics Of International Labor Migration And The Case For Global Distributive Justice In Liberal Political Theory, Howard F. Chang

Faculty Scholarship at Penn Law

Estimates of the magnitude of the gains that the world could enjoy by liberalizing international migration indicate that even partial liberalization would not only produce substantial increases in the world’s real income but also improve its distribution. Although the economic effects of immigration on native workers and distributive justice among natives are often advanced as reasons to reduce immigration, these concerns do not provide a sound justification for our restrictive immigration laws. Instead, the appropriate response to concerns about the distribution of income among natives is to increase the progressivity of our tax system. Protectionist immigration policies are not ...


Cultural Communities In A Global Labor Market: Immigration Restrictions As Residential Segregation, Howard F. Chang Jan 2007

Cultural Communities In A Global Labor Market: Immigration Restrictions As Residential Segregation, Howard F. Chang

Faculty Scholarship at Penn Law

Economists recognize that nations can gain from trade through not only the free movement of goods across national boundaries but also the free movement of services, capital, and labor across national boundaries. Despite the presumption that economic theory raises in favor of international labor mobility, the nations of the world maintain restrictions on immigration and show little inclination to liberalize these barriers significantly. Michael Walzer defends immigration restrictions as policies necessary to maintain distinct cultural communities and rejects the alternative of voluntary residential segregation at the local level. I argue that we should instead prefer voluntary segregation at the local ...


A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein Oct 2006

A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

Opponents of the death penalty typically base their opposition on contingent features of its administration, arguing that the death penalty is applied discriminatory, that the innocent are sometimes executed, or that there is insufficient evidence of the death penalty’s deterrent efficacy. Implicit in these arguments is the suggestion that if these contingencies did not obtain, serious moral objections to the death penalty would be misplaced. In this Article, Professor Finkelstein argues that there are grounds for opposing the death penalty even in the absence of such contingent factors. She proceeds by arguing that neither of the two prevailing theories ...


Moralizing In Public, Anita L. Allen Jan 2006

Moralizing In Public, Anita L. Allen

Faculty Scholarship at Penn Law

34 Hofstra L. Rev. 1325 (2006).


Hobbes And The Internal Point Of View, Claire Oakes Finkelstein Jan 2006

Hobbes And The Internal Point Of View, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer Jan 2005

Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer Jan 2005

Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle Jan 2002

Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein Jan 2002

Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen Jan 2001

The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Conflict Of Rights And The Outbreak Of The First World War, Leo Katz Jan 2001

Conflict Of Rights And The Outbreak Of The First World War, Leo Katz

Faculty Scholarship at Penn Law

No abstract provided.


Two Men On A Plank, Claire Oakes Finkelstein Jan 2001

Two Men On A Plank, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.


A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang Jan 2000

A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


The Possibility Of A Fair Paretian, Howard F. Chang Jan 2000

The Possibility Of A Fair Paretian, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen Jan 2000

Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen

Faculty Scholarship at Penn Law

32 Conn. L. Rev. 861 (2000).


Lex Americana?: United States Legal Assistance, American Legal Models, And Legal Change In The Post-Communist World And Beyond, Jacques Delisle Jul 1999

Lex Americana?: United States Legal Assistance, American Legal Models, And Legal Change In The Post-Communist World And Beyond, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen Jan 1999

Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen

Faculty Scholarship at Penn Law

67 Geo. Wash. L. Rev. 1165 (1999).


Hart's Methodological Positivism, Stephen R. Perry Jan 1998

Hart's Methodological Positivism, Stephen R. Perry

Faculty Scholarship at Penn Law

No abstract provided.


Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang Jan 1997

Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang

Faculty Scholarship at Penn Law

No abstract provided.


Self-Defense As A Rational Excuse, Claire O. Finkelstein Jan 1996

Self-Defense As A Rational Excuse, Claire O. Finkelstein

Faculty Scholarship at Penn Law

No abstract provided.