Abstract

http://ssrn.com/abstract=1926235
 
 

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Rights To and Not To


Joseph Blocher


Duke University - School of Law

September 12, 2011

California Law Review, Vol. 100, 2012

Abstract:     
When and why should a “right to” include a “right not to”? If a person has a right to engage in an activity or to receive a particular form of procedural protection, under what circumstances should he also have a right not to engage in that activity or to refuse that process? The basic project of this Article is to show why these questions are important in American constitutional law, to explore how doctrine and scholarship have implicitly and sometimes awkwardly dealt with them, and to suggest normative frameworks with which they can be answered.

Number of Pages in PDF File: 50

Keywords: Constitutional law, rights, autonomy

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Date posted: September 12, 2011 ; Last revised: May 29, 2012

Suggested Citation

Blocher, Joseph, Rights To and Not To (September 12, 2011). California Law Review, Vol. 100, 2012. Available at SSRN: http://ssrn.com/abstract=1926235

Contact Information

Joseph Blocher (Contact Author)
Duke University - School of Law ( email )
Box 90360
Duke School of Law
Durham, NC 27708
United States
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