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Rights To and Not To

56 Pages Posted: 12 Sep 2011 Last revised: 22 Dec 2015

Joseph Blocher

Duke University School of Law


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.

Keywords: Constitutional law, rights, autonomy

Suggested Citation

Blocher, Joseph mname, Rights To and Not To. 100 Cal. L. Rev. 761 (2012). Available at SSRN:

Joseph Blocher (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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