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.
Tagged: rights
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?
Subsidized Birth Control and Matt Walsh’s Dubious Theory of Rights
Do you have a right to a product that must be provided to you through governmental coercion?
Shining a Light Across the Water
Nob Akimoto looks at Europe’s method of detaining potential terrorists.
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? ...
Medicare vs. Universal Health Care: An Honest Question for the Right
Over the past two years, our country has raged over the questions surrounding healthcare reform. The Democrats, for better or worse, have taken the need to address serious healthcare system flaws that threaten the...
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...
Intellectual Property: Abstract vs. Natural Right, Part V: The Conclusioning
I know. People have been asking themselves for weeks, “So, what were all these posts about, anyway? What’s your conclusion, Pat?” Well… two people, maybe? Okay, here’s my distillation of them, for those two...
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...
Poverty and Human Rights
Will Wilkinson has a fascinating post on whether some basic level of material well-being should be considered a human right. My gut response is that while we have some moral obligation to alleviate poverty,...
