Introduction: Symposium on Paul Gowder, the rule of law in the real world

This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder

“Dreamers” and Others: Immigration Protests, Enforcement, and Civil Disobedience

In this short paper I hope to use some ideas drawn from the theory and practice of civil disobedience to address one of the most difficult questions in immigration theory, one rarely addressed by philosophers or other theorists working on the topic: How should we respond to people who violate immigration law? I will start with what I take to be the easiest case for my approach—that of so-called “Dreamers”—unauthorized immigrants in the US who were brought to this country while still children (often as infants) and who have spent the majority of their lives in the US. Members of this group have engaged in wide-scale protests, making the civil disobedience paradigm all the more plausible. I will then move on to the case of unauthorized immigrants who have engaged in protests, but who do not fall into the “Dreamer” category. Finally, I will consider whether thinking about immigration law violations from the perspective of civil disobedience—and the proper response to that—can help us think about immigration enforcement more generally

Are Institutions and Empiricism Enough? A Review of Allen Buchanan, \u3ci\u3eHuman Rights, Legitimacy, and the Use of Force\u3c/i\u3e

Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan’s recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I review Buchanan’s new collection of essays, Human Rights, Legitimacy, and the Use of Force, paying special attention to Buchanan’s argument that the philosophy of international law must be more “empirically informed” than it has been so far, and also to his claim that greater emphasis must be placed on the role of institutions. While these are important claims, I show that Buchanan often does not take the first far enough, and that appealing to institutions cannot do as much as Buchanan hopes or needs if his substantive conclusions are to be correct

Are Institutions and Empiricism Enough? A Review of Allen Buchanan, \u3ci\u3eHuman Rights, Legitimacy, and the Use of Force\u3c/i\u3e

Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan’s recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I review Buchanan’s new collection of essays, Human Rights, Legitimacy, and the Use of Force, paying special attention to Buchanan’s argument that the philosophy of international law must be more “empirically informed” than it has been so far, and also to his claim that greater emphasis must be placed on the role of institutions. While these are important claims, I show that Buchanan often does not take the first far enough, and that appealing to institutions cannot do as much as Buchanan hopes or needs if his substantive conclusions are to be correct

Philosophical Foundations for Complementary Protection

A Significant percentage of the people outside their country of citizenship or residence who are unable to meet their basic needs on their own, and need international protection, do not fall under the definition set out in the UN Refugee Convention. This has led many - both academic commentators and activists - to call for a new, expanded refugee definition, preferably backed up by a new, binding, international convention. In earlier work I have resisted this call, arguing that there is good reason to pick out a sub-stet of those in need of international aid - a set that largely, if not completely, corresponds to those picked out by the Refugee Convention - for special benefit and protection. However, even if Convention refugees are in some ways special, we are left with the question of what, if anything, is owed to those in need of aid who are not Convention refugees. In this chapter, I set out philosophical foundations for so-called complementary protection, and show how this may and should apply to people in need of international aid who are not Convention refugees

Building a Fair Future: Transforming Immigration Policy for Refugees and Families

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made

Towards a new real estate : innovative financing for a better built environment

Thesis (S.M. in Real Estate Development)--Massachusetts Institute of Technology, Dept. of Architecture, 2007.This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections."September 2007."Includes bibliographical references (leaves 53-55).The real estate industry has evolved significantly over the last century. This evolution has enabled the rise of real estate to be one of the largest and most important asset classes in American investment. Yet this evolution has also produced a system of development that has grown to compromise rather than facilitate the creation of places of enduring value. First, this thesis explores how the evolution of the industry led to this system. Second, this thesis asserts that the real estate industry has continued to evolve, and is on the verge of adopting a new system of development, a New Real Estate, that will again facilitate the creation of places of enduring value. Following the current paradigm shift in American city planning, the New Real Estate acknowledges the significant benefits of developing walkable mixed use urbanism. Despite the significant advances made in the industry to design and entitle walkable mixed use urbanism, there has been little effort made to facilitate it's development in the field of real estate finance. Key to the continued evolution of the New Real Estate, is the introduction and acceptance of several innovative financing concepts. This thesis examines the potential roles of Patient Equity, Real Options Analysis, and the emerging U.S. Real Estate Derivatives market in the evolving real estate industry.by Matthew J. Lister.S.M.in Real Estate Developmen

That’s None of Your Business! On the Limits of Employer Control of Employee Behavior Outside of Working Hours

Employers seeking to control employee behavior outside of working hours is nothing new. However, recent developments have extended efforts to control employee behavior into new areas, with new significance. Employers seek to control legal behavior by employees outside of working hours, to have significant influence over employee’s health-related behavior, and to monitor and control employee’s social media, even when this behavior has nothing to do with the workplace. In this article, I draw on the work of political theorists Jon Elster, Gerald Gaus and Michael Walzer, and privacy scholars Daniel Solove and Anita Allen, to show what is wrong with this extension of employer control of employee’s outside of work behavior. I argue that there are ethical limits on the controls that employers may put on their employees’ out of work behavior, and that many of these limits should be enshrined into legal protections which would prevent employers from conditioning employment on the regulations criticized. (Please note that the version of this paper on SSRN is a pre-publication version. Please cite and refer to the published version when possible.

Chandra Discovery of 10 New X-Ray Jets Associated With FR II Radio Core-Selected AGNs in the MOJAVE Sample

The Chandra X-ray observatory has proven to be a vital tool for studying high-energy emission processes in jets associated with Active Galactic Nuclei (AGN).We have compiled a sample of 27 AGN selected from the radio flux-limited MOJAVE (Monitoring of Jets in AGN with VLBA Experiments) sample of highly relativistically beamed jets to look for correlations between X-ray and radio emission on kiloparsec scales. The sample consists of all MOJAVE quasars which have over 100 mJy of extended radio emission at 1.4 GHz and a radio structure of at least 3" in size. Previous Chandra observations have revealed X-ray jets in 11 of 14 members of the sample, and we have carried out new observations of the remaining 13 sources. Of the latter, 10 have Xray jets, bringing the overall detection rate to ~ 78%. Our selection criteria, which is based on highly compact, relativistically beamed jet emission and large extended radio flux, thus provides an effective method of discovering new X-ray jets associated with AGN. The detected X-ray jet morphologies are generally well correlated with the radio emission, except for those displaying sharp bends in the radio band. The X-ray emission mechanism for these powerful FR II (Fanaroff-Riley type II) jets can be interpreted as inverse Compton scattering off of cosmic microwave background (IC/CMB) photons by the electrons in the relativistic jets. We derive viewing angles for the jets, assuming a non-bending, non-decelerating model, by using superluminal parsec scale speeds along with parameters derived from the inverse Compton X-ray model. We use these angles to calculate best fit Doppler and bulk Lorentz factors for the jets, as well as their possible ranges, which leads to extreme values for the bulk Lorentz factor in some cases. When both the non-bending and non-decelerating assumptions are relaxed [abridged]Comment: 38 Pages, 4 Figures, 5 Tables, accepted for publication in Ap

Empirical Desert, Individual Prevention, and Limiting Retributivism: A Reply

A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law\u27s reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its moral credibility – and its ability to gain that community\u27s deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and punishment rules reflect lay intuitions of justice – empirical desert – as a means of enhancing the system\u27s moral credibility. In a recent article, Christopher Slobogin and Lauren Brinkley-Rubinstein (SBR) report seven sets of studies that they argue undermine these claims of empirical desert and moral credibility and instead support SBR\u27s proposed distributive principle of individual prevention, a view that focuses on an offender\u27s future dangerousness rather than on his perceived desert. The idea that there is a relationship between the criminal law\u27s reputation for justness and its crime-control effectiveness did not originate with Robinson and his co-authors. Rather, it has been a common theme among a wide range of punishment theory scholars for many decades. A particularly important conclusion of recent Robinson studies, however, is their confirmation that this relationship is a continuous one: even small nudges in moral credibility can produce corresponding changes in the community\u27s deference to the criminal law. This is important because it shows that even piecemeal changes or changes at the margin – as in reforming even one unjust doctrine or procedure – can have real implications for crime-control. SBR\u27s studies, rather than contradicting the crime-control power of empirical desert, in fact confirm it. Further, SBR\u27s studies do not provide support for their proposed individual prevention distributive principle, contrary to what they claim. While SBR try to associate their principle with the popular limiting retributivism adopted by the American Law Institute in its 2007 amendment of the Model Penal Code, in fact it is, in many respects, just the reverse of that principle. With limiting retributivism, the Model Code\u27s new provision sets desert as dominant, never allowing punishment to conflict with it. SBR would have punishment essentially always set according to future dangerousness; it is to be constrained by desert only when the extent of the resulting injustices or failures of justice is so egregious as to significantly delegitimize the government and its law. This ignores the fact that even minor departures from justice may have an important cumulative effect on the system as a whole. What SBR propose – essentially substituting preventive detention for criminal justice – promotes the worst of the failed policies of the 1960s, where detention decisions were made at the back-end by experts, and conflicts with the trend of the past several decades of encouraging more community involvement in criminal punishment, not less