This article explores the historical foundations of the individual rights of equality and free choice on matters of natural private concern (collectively, “freedom of autonomy”) in America, looks at several present-day applications, and concludes that meaningful steps must be taken – by encouraging greater awareness among lawmakers and courts of original meanings of the constitutional terms “liberty,” “property,” “privileges,” and “immunities,” and perhaps even through constitutional amendment – to revive this most basic right from an overbearing government
It will be the purpose of this article to assay the historical evolution of the freedom of assembly,...
In this article, Professor Fleming proposes to tether the right of autonomy by grounding it within a...
In Alexis de Tocqueville’s Democracy in America, the author takes great caution to warn America of a...
This article explores the historical foundations of the individual rights of equality and free choic...
America in the early twenty-first century is a place where oppressive state constitutional amendmen...
For a long time, individual rights were viewed as a protection against an overweening political powe...
Famously described by Louis Brandeis as “the most comprehensive of rights” and ’the right most value...
In this article, we will examine the natural law conception that rights are rooted in human nature, ...
With the publication of Isaiah Berlin\u27s essay, Two Concepts of Liberty, liberals and their adve...
Part I of this Article explores the conception of autonomy that scholars have generally attributed t...
Today we tend to think about natural rights as non-positivist claims to limits on governmental autho...
In the deepest sense, this Article seeks to bridge the gap between philosophy, political theory, and...
The Supreme Court often claims that the First Amendment reflects an original judgment about the prop...
In the jurisprudence of constitutional courts around the world, there is an emerging trend towards a...
Natural rights and natural -law are ideas that frequently seem to have something in common with the ...
It will be the purpose of this article to assay the historical evolution of the freedom of assembly,...
In this article, Professor Fleming proposes to tether the right of autonomy by grounding it within a...
In Alexis de Tocqueville’s Democracy in America, the author takes great caution to warn America of a...
This article explores the historical foundations of the individual rights of equality and free choic...
America in the early twenty-first century is a place where oppressive state constitutional amendmen...
For a long time, individual rights were viewed as a protection against an overweening political powe...
Famously described by Louis Brandeis as “the most comprehensive of rights” and ’the right most value...
In this article, we will examine the natural law conception that rights are rooted in human nature, ...
With the publication of Isaiah Berlin\u27s essay, Two Concepts of Liberty, liberals and their adve...
Part I of this Article explores the conception of autonomy that scholars have generally attributed t...
Today we tend to think about natural rights as non-positivist claims to limits on governmental autho...
In the deepest sense, this Article seeks to bridge the gap between philosophy, political theory, and...
The Supreme Court often claims that the First Amendment reflects an original judgment about the prop...
In the jurisprudence of constitutional courts around the world, there is an emerging trend towards a...
Natural rights and natural -law are ideas that frequently seem to have something in common with the ...
It will be the purpose of this article to assay the historical evolution of the freedom of assembly,...
In this article, Professor Fleming proposes to tether the right of autonomy by grounding it within a...
In Alexis de Tocqueville’s Democracy in America, the author takes great caution to warn America of a...