Tagged: rights


How a Warning Became a Plan

The problem with the idea of executive orders left untouchable by future executive orders.


The Most Constitutional Right

Does the Constitution guarantee a right to have the Constitution itself? A recent dissenting opinion suggests so, and Burt Likko muses upon what that means in today’s age of impeachment.


The NCAA Gives In…A Little

The most important aspect of this is that the scales, long tipped against the athletes in almost every way, have been slightly tipped back.

Rub and Tug

Sometimes enough is enough and you should step aside and let others have a swing at the pinata.  

Wednesday Writs: Pro Se Edition

Oh, that’s right, legal fans, the amateurs are in charge now with Em off on Vacation. And it might be a bit bumpier for you esteemed members of the bar than usual.

In My Opinion’s Wake

Burt Likko thinks that Citizens United and McCutcheon were correctly decided. But how can he square that conclusion with his recent Ordinary Court opinion?

Reasonable Rights

by Mad Rocket Scientist Rights. A lot of ink, both physical & digital, has been spilled discussing the nature of Rights.  Are they natural, inherent, divine, granted, or won?  Are they positive or negative? ...

Political and moral rights

This is adapted from something I posted the other day over at Blinded Trials. I know there are many Friends of Rights who read the front page, and not Blinded Trials, and I’d love...

Marginal cases and virtue

Children are marginal cases. Talking about ethics in terms of autonomy, or rights – Kantian ethics –  famously leaves children, especially very young children, in an odd place. I have addressed this elsewhere in...

Coverture and Liberty

In which we return to a time that Bryan Caplan appears to love… blindly. Inexplicably. Sort of embarrassingly. I mean the nineteenth century. Back in 2010, Bryan wrote that the legal regime of coverture...

Odium Surplus/Odium Deficit

A common way to talk about crime and punishment is to liken them to debt and repayment: A crime creates a debt to society; if the criminal is caught and convicted, a just sentence...

At the Gun Show

This past weekend I went to the gun show. This is the big annual show at the Kentucky Fairgrounds that brings in hundreds of dealers. In that one building there was probably over a...

Our Unlovable Constitution

A new study by David S. Law and Mila Versteeg concludes that the world’s democracies are no longer emulating the U.S. Constitution, and are instead resorting to other templates that guarantee more “generic building...

Rights and Responsibilities

Our pal Ken at Popehat (see also Dave Schuler) asks whether there can be an affirmative constitutional right to health care and whether there already exists an affirmative constitutional right that could be compared...