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Full-Text Articles in Law

The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang Jan 2003

The Immigration Paradox: Poverty, Distributive Justice, And Liberal Egalitarianism, Howard F. Chang

All Faculty Scholarship

The immigration of 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 egalitarian ideals. These ideals would treat these resident workers as equals, entitled to access to citizenship and to the full set of public benefits provided to citizens. If the welfare of all 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 unskilled …


The "Public Menace" Of Blight: Urban Renewal And The Private Uses Of Eminent Domain, Wendell E. Pritchett Jan 2003

The "Public Menace" Of Blight: Urban Renewal And The Private Uses Of Eminent Domain, Wendell E. Pritchett

All Faculty Scholarship

No abstract provided.


Gender Bias In The Roman Catholic Church: Why Can't Women Be Priests?, Cheryl Y. Haskins Jan 2003

Gender Bias In The Roman Catholic Church: Why Can't Women Be Priests?, Cheryl Y. Haskins

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Immigration Restrictions As Employment Discrimination, Howard F. Chang Jan 2003

Immigration Restrictions As Employment Discrimination, Howard F. Chang

All Faculty Scholarship

In this paper, I analyze restrictions on immigration to the United States as a form of government-mandated employment discrimination against aliens. Through our immigration laws, we deny aliens access to valuable employment opportunities that are open to natives. Under our immigration and nationality laws, we base this discrimination explicitly on circumstances of birth beyond the control of the alien. I argue that immigration restrictions thereby violate our liberal ideals of equality, which require a cosmopolitan perspective that extends equal concern to all individuals. Furthermore, even if we assume a less demanding moral theory that allows us to give the interests …


Embracing Complexity : Human Rights In Critical Race Feminist Perspective, Hope Lewis Dec 2002

Embracing Complexity : Human Rights In Critical Race Feminist Perspective, Hope Lewis

Hope Lewis

Although the voices of "women of all colors" have furthered the goals and norms of feminist human rights scholarship, the voices of women of color and Third World women have often been rejected, ignored, or otherwise made invisible. Critical Race Feminist and other multicultural approaches to legal scholarship attempt to unite such voices and reveal their experiences and perspectives in feminist human rights discourse. This Article hypothesizes that Critical Race Feminist will make important contributions to the overall international human rights agenda. It identifies four common themes in a feminist multicultural approach to human rights scholarship: (1) the recognition that …