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Articles 1 - 16 of 16
Full-Text Articles in Law and Economics
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 …
Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn Wiest, Anupa Fabian
Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn Wiest, Anupa Fabian
Department of Justice Studies Faculty Scholarship and Creative Works
This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.
De Paradojas Y Neocons, Mario Šilar
Political Liberalism And Public Reason, Mario Šilar
Political Liberalism And Public Reason, Mario Šilar
Mario Šilar
The paper explores John Rawls´s idea of public reason, as reflected in Political Liberalism and The Idea of Public Reason Revisited. In Rawls’s later works, public reason acquires fundamental significance as a criterion by which the principles to be assumed from the outset in a theory of political justice may be determined. The starting-point for Rawls´s theory -the idea of citizens as free and equal reveals- that this abstraction falls short of an authentic conception of human beings as social by nature. A brief study of key issues concerning marriage and the family shows the difficulties that underlie this question. …
The Practical Value Of Natural Law Theory In The Work Of St Thomas Aquinas, Mario Šilar
The Practical Value Of Natural Law Theory In The Work Of St Thomas Aquinas, Mario Šilar
Mario Šilar
No abstract provided.
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 …
Embracing Risk, Sharing Responsibility, Tom Baker
Embracing Risk, Sharing Responsibility, Tom Baker
All Faculty Scholarship
No abstract provided.
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 …
Guest Workers And Justice In A Second-Best World, Howard F. Chang
Guest Workers And Justice In A Second-Best World, Howard F. Chang
All Faculty Scholarship
This essay offers a defense of guest-worker programs and a critique of the objections raised by Michael Walzer and by other critics of such programs. Although critics commonly complain that guest workers are vulnerable to exploitation by employers, we can design guest-worker programs that minimize the risk of such exploitation. Ready access for relatively unskilled guest workers to citizenship and to public benefits, however, generates a fiscal burden for the public treasury. A right to equal treatment for aliens yields perverse results unless aliens are also entitled to equal concern when the host country decides whether to admit the alien …
The Effect Of Conflicting Moral And Legal Rules On Bargaining Behavior: The Case Of Divorce, Tess Wilkinson-Ryan, Jonathan Baron
The Effect Of Conflicting Moral And Legal Rules On Bargaining Behavior: The Case Of Divorce, Tess Wilkinson-Ryan, Jonathan Baron
All Faculty Scholarship
No abstract provided.
Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi
Baghdad Booksellers, Basra Carpet Merchants, And The Law Of God And Man: Legal Pluralism And The Contemporary Muslim Experience, Haider Ala Hamoudi
Articles
There is a crisis in our law schools in the study of Islamic law and the law of the Muslim polities. The current approaches either focus exclusively on national codes to the derogation of other vitally important influences on the legal order, most importantly the body of norms and rules derived from Islamic foundational texts known as the shari'a, or they regard as secondary, and at times irrelevant, the actual legal order of the societies in favor of an academic construction of the theories of medieval Muslim jurists. Neither of these approaches reflects with a necessary degree of accuracy the …
What Counts As 'Discrimination' In Ledbetter And The Implications For Sex Equality Law, Deborah L. Brake
What Counts As 'Discrimination' In Ledbetter And The Implications For Sex Equality Law, Deborah L. Brake
Articles
This article, presented at a Symposium, The Roberts Court and Equal Protection: Gender, Race and Class held at the University of South Carolina School of Law in the Spring of 2008, explores the implications of the Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co. for sex equality law more broadly, including equal protection. There is more interrelation between statutory and constitutional equality law as a source of discrimination protections than is generally acknowledged. Although the Ledbetter decision purports to be a narrow procedural ruling regarding the statute of limitations for Title VII pay discrimination claims, at its …
Decrecimiento Poblacional En China Durante La Época Del Gran Salto Adelante, Fernando Villaseñor Rodríguez
Decrecimiento Poblacional En China Durante La Época Del Gran Salto Adelante, Fernando Villaseñor Rodríguez
Fernando Villaseñor Rodríguez
No abstract provided.
De Lo Privado Y Lo Comunitario En La Época Yayoi, Fernando Villaseñor Rodríguez
De Lo Privado Y Lo Comunitario En La Época Yayoi, Fernando Villaseñor Rodríguez
Fernando Villaseñor Rodríguez
No abstract provided.
El Prejuicio Conflictual En El "Choque De Civilizaciones", Fernando Villaseñor Rodríguez
El Prejuicio Conflictual En El "Choque De Civilizaciones", Fernando Villaseñor Rodríguez
Fernando Villaseñor Rodríguez
No abstract provided.
Analytical Thomism: Traditions In Dialogue, Mario Šilar
Analytical Thomism: Traditions In Dialogue, Mario Šilar
Mario Šilar
No abstract provided.