Add to ORKGMuch of contemporary constitutional thought assumes that the only rights individuals have are either those that they are given by the legislature or those that are explicitly specified in the Constitution of the United States (or in a state constitution). Such a view of rights is based on the jurisprudential philosophy known as legal positivism, a view that has dominated academic discussions about legal rights for at least fifty years and that has begun to wane only in the last fifteen years.\u27 In this Paper, I will try to explain how adherence to this legal positivism taints and distorts constitutional discussions in general and discussions of associational freedom in particular
This article explores the historical foundations of the individual rights of equality and free choic...
The relatively short catalogue of rights recognized by the Constitution of the United States, couple...
The rule of law has long been one of the mainstays of liberal thought. John Locke cited its absence-...
Much of contemporary constitutional thought assumes that the only rights individuals have are either...
When should a constitutional democracy allow private associations to discriminate? That question has...
Professor McAffee reviews substantive due process as the textual basis for modern fundamental rights...
Contemporary “rights talk” under the American Constitution tends to focus on individual rights or th...
Book review: The negotiable constitution: On the limitation of rights. Grégoire C.N. Webber. Cambrid...
My basic thesis is that, in American constitutional law, rights typically do not operate, as we ofte...
This article focuses on one important aspect of the quest for constitutional meaning: how to determi...
This article aims at defining what is constitutional right. In the area of constitutional law, it h...
Are constitutional rights based exclusively in uniquely American considerations, or are they based a...
Were the rights retained by the people defined by positive law? This is the issue explored by Profes...
Skepticism among American scholars about the value of analytic legal positivism stems in part from t...
The debate over which philosophy influenced the Constitution is long standing and continues to this ...
This article explores the historical foundations of the individual rights of equality and free choic...
The relatively short catalogue of rights recognized by the Constitution of the United States, couple...
The rule of law has long been one of the mainstays of liberal thought. John Locke cited its absence-...
Much of contemporary constitutional thought assumes that the only rights individuals have are either...
When should a constitutional democracy allow private associations to discriminate? That question has...
Professor McAffee reviews substantive due process as the textual basis for modern fundamental rights...
Contemporary “rights talk” under the American Constitution tends to focus on individual rights or th...
Book review: The negotiable constitution: On the limitation of rights. Grégoire C.N. Webber. Cambrid...
My basic thesis is that, in American constitutional law, rights typically do not operate, as we ofte...
This article focuses on one important aspect of the quest for constitutional meaning: how to determi...
This article aims at defining what is constitutional right. In the area of constitutional law, it h...
Are constitutional rights based exclusively in uniquely American considerations, or are they based a...
Were the rights retained by the people defined by positive law? This is the issue explored by Profes...
Skepticism among American scholars about the value of analytic legal positivism stems in part from t...
The debate over which philosophy influenced the Constitution is long standing and continues to this ...
This article explores the historical foundations of the individual rights of equality and free choic...
The relatively short catalogue of rights recognized by the Constitution of the United States, couple...
The rule of law has long been one of the mainstays of liberal thought. John Locke cited its absence-...