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78Alien Ideas: Review of Strangers in our Midst: The Political Philosophy of Immigration, by David Miller (review)Thew New Rambler 2016. 2016.David Miller, Professor of Politics at Oxford University, has long been one of the most important and interesting contributors to political theory and philosophy. He is well known for insisting on the mutual relevance of philosophical reflection and political practice, an approach well captured by the title of his recent book, Justice for Earthlings. In his most recent book, Strangers in our Midst: The Political Philosophy of Immigration, Miller revises and extends the work he has been doing for…Read more
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104Review of Gerald Gaus, The Order of Public Reason (review)Notre Dame Philosophical Review. 2011.This is a review of Gerald Gaus's recent book, _The Order of Public Reason_
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67Review of Defeasibility in Philosophy: Knowledge, Agency, Responsibility, and the Law; Claudia Blöser, Mikael Janvid, Hannes Ole Matthiessen, and Marcus Willaschek (eds.) (review)Notre Dame Philosophical Reviews 2014. 2014.This volume is based on papers presented at a conference on defeasibility in ethics, epistemology, law, and logic that took place at the Goethe University in Frankfurt in 2010. The subtitle (“Knowledge, Agency, Responsibility, and the Law”) better reflects the content than does the title of the original conference. None of the papers focuses directly or primarily on defeasible reasoning in logic, though a few touch on this indirectly. Nor are the papers evenly split among the topics. Six are pri…Read more
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90A Rawlsian argument for extending family-based immigration benefits to same-sex couplesUniversity of Memphis Law Review 37 (Summer): 763-764. 2007.In this paper I argue that anyone who accepts a Rawlsian account of justice should favor granting family-based immigration benefit to same-sex couples. I first provide a brief over-view of the most relevant aspects of Rawls's position, Justice as Fairness. I then explain why family-based immigration benefits are an important topic and one that everyone interested in immigration and justice must consider. I then show how same-sex couples are currently systematically excluded from the benefits tha…Read more
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92The Legitimating Role of Consent in International LawChicago Journal of International Law 11 (2). 2011.According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in international law is …Read more
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126Four Entries for the Rawls Lexicon: Charles Beitz, H.L.A. Hart, Citizen, SovereigntyIn Jon Mandle and David Reidy (ed.), The Cambridge Rawls Lexicon, Cambridge University Press. 2015.These are for entries for _The Cambridge Rawls Lexicon_, edited by Jon Mandle and David Reidy, on H.L.A. Hart, Charles Beitz, Sovereignty, and Citizen
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154Immigration, Association, and the FamilyLaw and Philosophy 29 (6): 717-745. 2010.In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a …Read more
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61In the face of the Brexit vote and the election of Trump, there is serious worry about whether the liberal, democratic, and cosmopolitan values thought to underlie progressive immigration policies are in fact widely shared. In this article, I examine these worries and provide suggestions about how those who do favor just progressive immigration policies might best respond to the problems we currently face.
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307Review of May & Hoskins, International Criminal Law and Philosophy (review)Concurring Opinions Blog 1. 2010.This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins, published by Cambridge University Press.
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43Are Institutions and Empiricism Enough? (review)Transnational Legal Theory 2 (1). 2011.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 m…Read more
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58Self-Determination, Dissent, and the Problem of Population TransfersIn Fernando R. Tesón (ed.), The Theory of Self-Determination, Cambridge University Press. pp. 145-165. 2016.Many of the major self-determination movements of the 20th and early 21st Centuries did not go smoothly, but resulted in forced or semi-forced transfers of groups of people from one country to another. Forced population transfers are not, of course, supported by major theorists of self-determination and secession. However, the problems that make population transfers extremely common in actual cases of self-determination and secession, are not squarely faced in many theories of self-determination…Read more
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61Book ReviewsFox-Decent, Evan. Sovereignty’s Promise: The State as Fiduciary.Oxford: Oxford University Press, 2011. Pp. 283. $99.00 (review)Ethics 123 (1): 150-154. 2012.Review of Evan Fox-Decent, _Sovereignty's Promise: The State as Fiduciary_
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94The Place of Persecution and Non-State Action in Refugee ProtectionIn Alex Sager (ed.), The Ethics and Politics of Immigration: Core Issues and Emerging Trends, Rowman & Littlefield. pp. 45-60. 2016.Crises of forced migration are, unfortunately, nothing new. At the time of the writing of this paper, at least two such crises were in full swing – mass movements from the Middle East and parts of Africa to the E.U., and major movements from Central America to the Southern U.S. border, including movements by large numbers of families and unaccompanied minors. These movements are complex, with multiple causes, and it is always risky to attempt to craft either general policy or philosophical posit…Read more
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337Who are Refugees?Law and Philosophy 32 (5): 645-671. 2013.Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all who are unable to meet their bas…Read more
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76Justice and Temporary Labor MigrationGeorgetown Immigration Law Review 29 95. 2014.Temporary labor migration programs have been among the most controversial topics in discussions of immigration reform. They have been opposed by many, perhaps most, academics writing on immigration, by immigration reform activists, and by organized labor. This opposition has not been without some good reasons, as many historical temporary labor migration programs have led to significant injustice and abuse. However, in this paper I argue that a well-crafted temporary labor migration program is b…Read more