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Full-Text Articles in Law

Editor's Note, Padraig O'Malley Mar 2003

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

Much has changed in the world since the last issue of this journal. All is indeed changed and changed utterly. But we have no terrible beauty with which to console ourselves. For the foreseeable future, the debate over whether we live in a unilateral or multilateral world is moot. A new Rome rules with an arrogance only the truly certain can master.

The invasion of Iraq definitively answered the question: What is the New World Order? America is, and America’s order will continue until Americans themselves decide otherwise, and that, in the short term at least, means whether they will …


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 …


Legislative Terrorism: A Primer For The Non-Islamic State; Secularism And Different Believers, Gwendolyn Yvonne Alexis Dec 2002

Legislative Terrorism: A Primer For The Non-Islamic State; Secularism And Different Believers, Gwendolyn Yvonne Alexis

Gwendolyn Yvonne Alexis

In industrial societies where civil law and state institutions have become well-established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. This dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a …