Benjamin Who
Hi, I'm Ben. I study philosophy and government at Harvard University.
I'm passionate about addressing structural injustices. A nonprofit I founded, Giveducation, tackles educational inequality using an innovative scholarship model. Giveducation has been recognized by Congress.
To better understand how injustices arise and persist, I've conducted considerable academic work on the topic. My research and writing on inequality has won international recognition and has been published in The New York Times. You can find some of these pieces below.
I've recently taken up a strong interest in legal advocacy, as it's a powerful tool for advancing justice. To that end, I've authored several sample briefs and judicial opinions on a range of topics, from commerce clause to copyright. Some samples are below.
If you'd like to connect, please reach out at bwho@college.harvard.edu.
In my free time, I like taking photos with my Canon R6. Here's a cool one I took in Barton, VT, during last year's April 8 total solar eclipse.
Political philosophy
Fairness in After-School Programs: A Rawlsian Perspective
In this paper, I analyze the market for after-school programs from a Rawlsian perspective, demonstrating that the status quo system is morally problematic because it makes socioeconomic status a barrier to one's opportunities. I lay out potential strategies — including the State Control Approach, Unrestricted Hybrid Approach, and Restricted Hybrid Approach — to fix the unfairness of after-school programs. Finally, I highlight the features of each approach and delineate the factors relevant to Rawls’ principles of justice by raising both empirical and conceptual questions that can guide us in choosing the optimal approach.
This draft was written under the guidance of Professor Alex Sager of the Philosophy department at Portland State University.
policy research
Harmful Raises: A Game Theory Analysis of Amazon's Wage Decision
This essay addresses a hypothetical question: Should Amazon increase wages for its workers by 20%? I caution against that, using an infinite prisoner's dilemma game theory model to show that, contrary to intuition, doing so would increase unemployment and force workers to take lower-paying jobs.
This essay won the Grand Prize out of 7,000+ submissions in the John Locke Institute's Global Essay Contest.
commentary
Letter to the Editor: The Unethicality of Tipping
In this brief comment, I argue that the practice of tipping at restaurants perpetuates discriminatory cycles and exposes female servers to increased risk.
This letter to the editor was published in The New York Times online and in-print in the Sunday Opinion section.
Legal Writing
brief on the merits
Brief for Respondents in Sedlik v. Von Drachenberg
After renowned tattoo artist Kat Von D inked a copyrighted photo of trumpeter Miles Davis onto the arm of a friend, the copyright holder, Jeffrey Sedlik, sued her for infringement. Von D raised a fair use defense in response to the suit. In this brief, I argue that Von D's tattoo qualifies as fair use under the first factor of 17 U.S.C. §107, which inquires into the "purpose and character of the use."
Opinion
Judicial Opinion in American Alliance for Equal Rights v. Fearless Fund
Fearless Fund operates an annual grant contest that is only open to entrepeneurs who are Black women. Irked by this race-based eligibility rule, American Alliance for Equal Rights sued Fearless Fund for violating §1981 of the 1866 Civil Rights Act, which bars racial discrimination in contracting. Fearless Fund responded by asserting that its grant contest is protected expression, and thus, enforcement of §1981 against the organization would run afoul of its First Amendment rights. This judicial opinion holds that Fearless Fund's grant contest does not qualify as expressive conduct under the First Amendment.
Brief on the merits
Brief for United States in Williams v. United States
Ellie Williams, a social media influencer, purports to possess information critical to the Department of Justice’s ongoing prosecution of a sitting U.S. Senator. However, she refuses to comply with a subpoena ordering her to disclose both the information itself and its source. Williams argues that, as a journalist, the First Amendment shields her from the normal obligation to testify when summoned by the prosecution in a federal criminal trial. This brief argues that there is no such privilege, absolute or qualified.