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51.
Peter Higgins 《Human Rights Review》2008,9(4):525-535
I do not argue for or against substantive immigration policies in this paper. Rather, my thesis concerns what kinds of reasons
are morally salient in the construction of just immigration policies. I argue that philosophical proposals for regulating
immigration should be evaluated according to the following methodological principle: The unit of analysis in terms of which
principles for regulating immigration must be evaluated is the socially situated individual. I defend this principle indirectly
by applying it to cosmopolitan principles for regulating immigration in order to demonstrate the moral inadequacy of theories
of immigration that adopt an inappropriate unit of analysis. Failure to evaluate the moral adequacy of their own substantive
proposals in terms of their effects on socially situated individuals leads some cosmopolitans to endorse substantive recommendations
for regulating immigration (namely, open borders) that, I argue, disproportionately burden members of institutionally disadvantaged
groups.
相似文献
Peter HigginsEmail: |
52.
Gennaro F. Vito George E. Higgins Anthony G. Vito 《American Journal of Criminal Justice》2014,39(2):331-340
In 1998, Kentucky’s adopted the Racial Justice Act (RJA). The key sponsor of the law, Kentucky Senator Gerald Neal asserted that it was not a result of whether you were for or against the death penalty but “whether the death penalty should be subject to the same standards of nondiscrimination as any other institution in our state.” However, one noted negative effect of the RJA is that prosecutors have adopted policies to seek the death penalty in every eligible case, rather than making this decision on a case-by-case basis. This study examines the outcome of such policies in Jefferson County, Kentucky from 2000 to 2010. 相似文献
53.
Past punishment-related attitudinal research has focused on criminal sanctions and certain collateral consequences of conviction; however, few studies have examined attitudes towards felon disenfranchisement. Fewer studies have used a sample consisting of Historically Black College and University (HBCU) students to examine attitudes towards consequences of conviction. This research examines views toward felon-voting prohibitions in a state that has one of the most restrictive laws in this area. It utilizes a modified version of a previously used national survey instrument, which measured attitudes toward felon enfranchisement based on variations of the correctional status of a convicted offender. The implications of the findings are contextualized by examining the role of public views on policy in a democracy; the significance of examining the attitudes of a sampling of students at an HBCU, and the need for more comprehensive research in this area. 相似文献
54.
Gennaro F. Vito George E. Higgins Anthony G. Vito 《American Journal of Criminal Justice》2014,39(4):753-770
The current study attempts to build upon previous analyses of capital sentencing in Kentucky and other states. Using data compiled from official court records compiled by the Kentucky Department of Public Advocacy, we examined death eligible homicide cases for the years 2000–2010 for the state (N?=?359). Multivariate analysis determined that the death penalty in Kentucky was sought 3.17 times or 217 % more when the victim is female. It also found that cases featuring a black defendant and a white victim were 56 % less likely to result in a plea than cases featuring other defendant/victim racial combinations. Despite legal requirements, Kentucky fails to collect data to assess the factors that influence the seeking and imposition of the death penalty. Paper presented at the Second Annual Forum on Criminal Law Reform in the Commonwealth of Kentucky on November 15, 2013 at the University of Kentucky Law School, Lexington, KY. 相似文献
55.
Andrew Higgins 《The Modern law review》2010,73(3):371-398
This article considers whether the rationale for legal advice privilege applies to corporations. It examines the rationale for legal advice privilege in the aftermath of the disagreement between the Court of Appeal and the House of Lords in the Three Rivers litigation, and argues that the rule of law rationale for advice privilege endorsed by the House of Lords is based largely on the needs and behavior of individuals. The paper examines the case for recognising advice privilege for corporations. Recent developments in corporate law and governance, especially in relation to directors' duties, have arguably reduced the need for a corporate privilege. Public and large private companies in particular already have sufficient incentives to obtain accurate legal advice about their affairs even without a privilege. There are also sound policy reasons for restricting the right of corporations to claim legal advice privilege given its costs to the administration of justice. 相似文献
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57.
Hyunin Baek Amanda M. Roberts George E. Higgins 《Journal of Ethnicity in Criminal Justice》2018,16(1):57-75
Native American (NA) youth's delinquency is one of the major problems that have been overlooked by criminal justice researchers and practitioners. To examine if negative family environment influences their delinquency with the mediating effect of negative emotion, this study analyzed structural equation modeling based on the General Strain Theory (GST). Using data regarding NA adolescents, this study found much evidence supporting GST. The results of the model with anger showed that anger was a mediating variable between family indifferences and delinquency, and the model with depression indicated that family indifferences increased delinquency through depression. However, some results in the model with anger and depression were not in accordance with GST hypothesis. 相似文献
58.
This study examines how newspaper accounts of criminality conceal and illuminate particular types of monstrosity in the postbellum United States. The paper offers an analysis of Gothicism—which typically frames the criminality of marginalized groups—as a technique of racial domination in narrative sites that construct knowledge on criminality and punishment. Analysis reveals a paradoxical lens of Gothicism in which oppressive groups can conceal monstrosity within a colonial context. The analysis of gothic accounts of criminality challenges the ways in which denial shapes modern monstrosity. 相似文献
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