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Full-Text Articles in Law

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

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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 …


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

A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein

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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 …


Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen R. Perry Jan 2006

Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen R. Perry

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No abstract provided.


The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas Jan 2003

The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas

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No abstract provided.


Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas Jan 2003

Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas

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No abstract provided.


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

The Possibility Of A Fair Paretian, Howard F. Chang

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No abstract provided.


The Inefficiency Of Mens Rea, Claire Oakes Finkelstein Jan 2000

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

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No abstract provided.


The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts Jun 1999

The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts

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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

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No abstract provided.


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

Self-Defense As A Rational Excuse, Claire Oakes Finkelstein

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No abstract provided.


The Proposed Equal Protection Fix For Abortion Law: Reflections On Citizenship, Gender, And The Constitution, Anita L. Allen Jan 1995

The Proposed Equal Protection Fix For Abortion Law: Reflections On Citizenship, Gender, And The Constitution, Anita L. Allen

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No abstract provided.


Duress: A Philosophical Account Of The Defense In Law, Claire Oakes Finkelstein Jan 1995

Duress: A Philosophical Account Of The Defense In Law, Claire Oakes Finkelstein

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No abstract provided.


The Case Against Statutes Of Limitations For Stolen Art, Stephanos Bibas Jan 1994

The Case Against Statutes Of Limitations For Stolen Art, Stephanos Bibas

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No abstract provided.


Hobbes, Formalism, And Corrective Justice, Anita L. Allen, Maria H. Morales Jan 1992

Hobbes, Formalism, And Corrective Justice, Anita L. Allen, Maria H. Morales

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No abstract provided.


The Limits Of Social Policy, Cary Coglianese May 1990

The Limits Of Social Policy, Cary Coglianese

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No abstract provided.


Reply To Cornel West, William Ewald Jan 1988

Reply To Cornel West, William Ewald

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No abstract provided.


Unger's Philosophy: A Critical Legal Study, William Ewald Jan 1988

Unger's Philosophy: A Critical Legal Study, William Ewald

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Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.