Rights To and Not To
Duke University School of Law
100 Cal. L. Rev. 761 (2012)
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: 56
Keywords: Constitutional law, rights, autonomy
Date posted: September 12, 2011 ; Last revised: December 22, 2015