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  1. added 2019-07-26
    Open Borders Without Open Access (Conference Version July 2019).Dan Demetriou - manuscript
    What are libertarian open borders advocates even advocating for? Is it, as the title to Michael Huemer’s influential essay suggests, a prima facie “right to immigrate”? Or is it, as the branding connotes, literal open borders, or a strong prima facie moral right to free movement across borders that entails a right to immigrate? In this paper, I peel apart the view that people have a strong moral right to freely cross international borders, or "open access," from the view that (...)
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  2. added 2019-06-06
    Should Antidiscrimination Laws Limit Freedom of Association? The Dangerous Allure of Human Rights Legislation: Richard A. Epstein.Richard A. Epstein - 2008 - Social Philosophy and Policy 25 (2):123-156.
    This article defends the classical liberal view of human interactions that gives strong protection to associational freedom except in cases that involve the use of force or fraud or the exercise of monopoly power. That conception is at war with the modern antidiscrimination or human rights laws that operate in competitive markets in such vital areas as employment and housing, with respect to matters of race, sex, age, and increasingly, disability. The article further argues that using the “human rights” label (...)
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  3. added 2019-06-06
    Freedom of Association in Historical Perspective: Stephen B. Presser.Stephen B. Presser - 2008 - Social Philosophy and Policy 25 (2):157-181.
    This paper seeks to examine two conflicting strands in the United States Supreme Court's treatment of “freedom of association,” by exploring some aspects of the historical development of the doctrine. It suggests that there are two conceptions of “freedom of association,” an older, traditional one, that eschews forcing odious contact on members of associations, and a newer one which privileges antidiscrimination doctrines over “freedom from association.” These two conceptions still exist on the Court, resulting in irreconcilable decisions such as those (...)
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  4. added 2019-06-06
    Organized Labor and American Law: From Freedom of Association to Compulsory Unionism: Paul Moreno.Paul Moreno - 2008 - Social Philosophy and Policy 25 (2):22-52.
    Though most legal and labor historians have depicted an American labor movement that suffered from legal disabilities, American law has never denied organized labor's freedom of association. Quite the contrary, unions have always enjoyed at least some favoritism in the law, and this status provided the essential element to their success and power. But, even during the heyday of union power, organized labor never succeeded in gaining all of the privileges that it sought, not enough to stem its current decline (...)
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  5. added 2019-06-06
    Industrial Saboteurs, Reputed Thieves, Communists, and the Freedom of Association: Keith E. Whittington.Keith E. Whittington - 2008 - Social Philosophy and Policy 25 (2):76-91.
    The idea of a constitutional freedom of association was embraced by the U.S. Supreme Court in the mid-twentieth century as implicit in the First Amendment. Although initially endorsed by the Court as a fundamental freedom that was necessarily entwined with the freedom of speech when confronted with cases in the 1930s and 1940s of local government officials cracking down on speakers and assemblies discussing strikes and labor unions, the justices were far more divided and skeptical of freedom of association claims (...)
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  6. added 2018-08-22
    The Rights of Families and Children at the Border.Matthew J. Lister - 2018 - In Philosophical Foundations of Children's and Family Law. pp. 153-170.
    Family ties play a particular and distinctive role in immigration policy. Essentially every country allows ‘family-based immigration’ of some sorts, and family ties may have significant importance in many other areas of immigration policy as well, grounding ‘derivative’ rights to asylum, providing access to citizenship and other benefits at accelerated rates, and serving as a shield from the danger of removal or deportation. Furthermore, status as a child may provide certain benefits to irregular migrants or others without proper immigration standing (...)
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  7. added 2018-08-22
    Immigration, Association, and the Family.Matthew Lister - 2010 - Law and Philosophy 29 (6):717-745.
    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 comprehensive account. In what (...)
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  8. added 2018-08-22
    A Rawlsian Argument for Extending Family-Based Immigration Benefits to Same-Sex Couples.Matthew J. Lister - 2007 - University of Memphis Law Review 37 (Summer):763-764.
    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 that flow from family-based immigration rights. (...)
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  9. added 2018-06-21
    Caring Relationships and Family Migration Schemes.Caleb Yong - 2016 - In Alex Sager (ed.), The Ethics and Politics of Immigration. pp. 61-83.
  10. added 2018-02-17
    A Transformative Theory of Religious Freedom: Promoting the Reasons for Rights.Corey Brettschneider - 2010 - Political Theory 38 (2):187-213.
    Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify the (...)
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  11. added 2017-02-20
    Experiments in Distributive Justice and Their Limits.Michael Bennett - 2016 - Critical Review 28 (3-4):461-483.
    Mark Pennington argues political systems should be decentralized in order to facilitate experimental learning about distributive justice. Pointing out the problems with Pennington's Hayekian formulation, I reframe his argument as an extension of the Millian idea of 'experiments in living.' However, the experimental case for decentralization is limited in several ways. Even if decentralization improves our knowledge about justice, it impedes the actual implementation of all conceptions of justice other than libertarianism. I conclude by arguing for the compatibility of egalitarian (...)
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  12. added 2016-12-27
    Free Time.Julie L. Rose - 2016 - Princeton: Princeton University Press.
  13. added 2015-08-31
    Citizens of Mars Ltd.Erik Persson - 2015 - In Charles S. Cockell (ed.), Human Governance Beyond Earth – Implications for Freedom. Springer. pp. 121-137.
    When the time comes to decide how to govern an extraterrestrial settlement there will be many alternatives to chose from. We will have the opportunity to try new and so far untested theories, but there are also some old forms of government that might be tempting to try again. We might for instance let the company whose activities on the world are the reason for the establishment govern the settlement. This has been tried before on our own planet both because (...)
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  14. added 2015-07-19
    Exit Left: Markets and Mobility in Republican Thought.Robert S. Taylor - 2017 - Oxford, UK: Oxford University Press.
    Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...)
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  15. added 2014-03-31
    Freedom of Association and the Right to Exclude.Stuart White - 1997 - Journal of Political Philosophy 5 (4):373–391.
  16. added 2014-03-21
    Tolerance and Freedom of Association.Deborah Hawkins - 2004 - Social Theory and Practice 30 (4):589-598.
  17. added 2014-03-14
    What is Freedom of Association, and What is its Denial?Larry Alexander - 2008 - Social Philosophy and Policy 25 (2):1-21.
    Freedom of association, as I understand it, refers to the liberty a person possesses to enter into relationships with others—for any and all purposes, for a momentary or long-term duration, by contract, consent, or acquiescence. It likewise refers to the liberty to refuse to enter into such relationships or to terminate them when not otherwise compelled by one's voluntary assumption of an obligation to maintain the relationship. Freedom of association thus is a quite capacious liberty.
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  18. added 2014-03-14
    The Madisonian Paradox of Freedom of Association.Richard Boyd - 2008 - Social Philosophy and Policy 25 (2):235-262.
    Freedom of association holds an uneasy place in the pantheon of liberal freedoms. Whereas freedom of association and the abundant plurality of groups that accompany it have been embraced by modern and contemporary liberals, this was not always the case. Unlike more canonical freedoms of speech, press, property, petition, assembly, and religious conscience, the freedom of association was rarely extolled by classical liberal thinkers in the seventeenth and eighteenth centuries. Indeed Thomas Hobbes, David Hume, Adam Smith, and others seem to (...)
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  19. added 2014-03-12
    Immigration and Freedom of Association.Christopher Heath Wellman - 2008 - Ethics 119 (1):109-141.
  20. added 2014-03-10
    Freedom of Association as a Core Labor Right and the ILO: Toward a Normative Framework.Faina Milman-Sivan - 2009 - Law and Ethics of Human Rights 3 (2):110-153.
    Freedom of association operates as an organizational "meta-norm," appreciated both as an independent value and as a touchstone for the institutional design of the International Labour Organization . Despite the renewed interest of the ILO in various aspects of the norm, its understanding of freedom of association lacks a comprehensive normative framework. This article presents such a conceptual framework and a critical in-depth analysis of current ILO freedom of association jurisprudence. Freedom of association should be understood in terms of equitable (...)
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  21. added 2014-03-07
    Freedom of Association is Not the Answer.Sarah Fine - 2013 - In Mark Timmons (ed.), Disputed Moral Issues: A Reader 3rd Edition. Oxford University Press. pp. 338-356.
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  22. added 2012-10-23
    Security and the 'War on Terror': A Roundtable.Julian Baggini, Alex Voorhoeve, Catherine Audard, Saladin Meckled-Garcia & Tony McWalter - 2007 - In Julian Baggini & Jeremy Stangroom (eds.), What More Philosophers Think. Continuum.
    What is the appropriate legal response to terrorist threats? This question is discussed by politician Tony McWalter, The Philosophers' Magazine editor Julian Baggini, and philosophers Catherine Audard, Saladin Meckled-Garcia, and Alex Voorhoeve.
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