Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 20 of 20
Full-Text Articles in Law
First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen
First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Punishment As Contract, Claire Oakes Finkelstein
Punishment As Contract, Claire Oakes Finkelstein
All Faculty Scholarship
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
The Immigration Paradox: Alien Workers And Distributive Justice, Howard F. Chang
All Faculty Scholarship
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
The Disadvantages Of Immigration Restriction As A Policy To Improve Income Distribution, Howard F. Chang
All Faculty Scholarship
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 runs contrary …
The Economics Of International Labor Migration And The Case For Global Distributive Justice In Liberal Political Theory, Howard F. Chang
The Economics Of International Labor Migration And The Case For Global Distributive Justice In Liberal Political Theory, Howard F. Chang
All Faculty Scholarship
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 only …
Cultural Communities In A Global Labor Market: Immigration Restrictions As Residential Segregation, Howard F. Chang
Cultural Communities In A Global Labor Market: Immigration Restrictions As Residential Segregation, Howard F. Chang
All Faculty Scholarship
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
A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein
All Faculty Scholarship
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 of …
Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer
Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
All Faculty Scholarship
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
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
All Faculty Scholarship
No abstract provided.
Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein
Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Conflicting Rights And The Outbreak Of The First World War, Leo Katz
Conflicting Rights And The Outbreak Of The First World War, Leo Katz
All Faculty Scholarship
No abstract provided.
The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen
The Wanted Gaze: Accountability For Interpersonal Conduct At Work, Anita L. Allen
All Faculty Scholarship
No abstract provided.
A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang
A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen
Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen
All Faculty Scholarship
No abstract provided.
The Possibility Of A Fair Paretian, Howard F. Chang
The Possibility Of A Fair Paretian, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen
Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Hart's Methodological Positivism, Stephen R. Perry
Hart's Methodological Positivism, Stephen R. Perry
All Faculty Scholarship
No abstract provided.
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Self-Defense As A Rational Excuse, Claire Oakes Finkelstein
Self-Defense As A Rational Excuse, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.