This paper presents a novel framework for evaluating racial profiling, including 'rational profiling' that does in fact decrease crime rates. It argues that while profiling some groups, such as African Americans and Muslims, is impermissible, profiling others, such as white men, may be permissible. The historical and sociological context matters significantly. Along the way, the paper develops a new theory of what expressive harms are, why they matter, and when it is the responsibility of the state to correct them.

This essay considers some central arguments given by Helen Frowe and Seth Lazar regarding the permissibility of killing civilians in war. It raises some objections to their views and defends some alternative bases for weighing harms to combatants against harms to civilians.

Many liberal democracies have large populations of “unauthorized” migrants, who entered in contravention of immigration laws. In this paper, I will offer a new argument for allowing long-resident unauthorized migrants to transfer to “legal” status, which would allow them to live and work legally in their country of residence, without fear of deportation. I argue that legalization is required to secure the autonomy of these migrants, and that only by securing their autonomy can the state exercise authority over them legitimately. (...) I also respond to popular objections to legalization and illustrate the distinctive policy implications of my approach. (shrink)

The doing/allowing distinction plays an important role in our thinking about a number of legal issues, such as the need for criminal process protections, prohibitions on torture, the permissibility of the death penalty and so on. These are areas where, at least initially, there seem to be distinctions between harms that the state inflicts and harms that it merely allows. In this paper I will argue for the importance of the doing/allowing distinction as applied to state action. Sunstein, Holmes, Vermeule (...) and others have presented influential arguments for the claim that where the state is concerned the doing/allowing distinction has no moral significance, even if it does elsewhere. I show that these arguments can be resisted. In doing so, I defend some important distinctions and principles that help us understand the state’s role in protecting people from harm. (shrink)

Many liberal democracies have large populations of “unauthorized” migrants, who entered in contravention of immigration laws. In this paper, I will offer a new argument for allowing long-resident unauthorized migrants to transfer to “legal” status, which would allow them to live and work legally in their country of residence, without fear of deportation. I argue that legalization is required to secure the autonomy of these migrants, and that only by securing their autonomy can the state exercise authority over them legitimately. (...) I also respond to popular objections to legalization and illustrate the distinctive policy implications of my approach. (shrink)