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Articles 1 - 6 of 6
Full-Text Articles in Legal Remedies
How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman
How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman
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This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He compellingly threads together many intellectual traditions—from antidiscrimination law to disability law to health law—to illustrate the pervasiveness of the phenomenon that he describes and why it might be productive as a tool to advance civil rights.
This response, however, offers several reasons why medicalization may not cure all that ails civil rights litigation’s pains and elaborates on the potential risks of overinvesting in medical rights-seeking. …
Autonomy, Gideon Parchomovsky, Alex Stein
Autonomy, Gideon Parchomovsky, Alex Stein
All Faculty Scholarship
Personal autonomy is a constitutive element of all rights. It confers upon a rightholder the power to decide whether, and under what circumstances, to exercise her right. Every right infringement thus invariably involves a violation of its holder’s autonomy. The autonomy violation consists of the deprivation of a rightholder of a choice that was rightfully hers — the choice as to how to go about her life.
Harms resulting from the right’s infringement and from the autonomy violation are often readily distinguishable, as is the case when someone uses the property of a rightholder without securing her permission or, worse, …
"Hot News": The Enduring Myth Of Property In News, Shyamkrishna Balganesh
"Hot News": The Enduring Myth Of Property In News, Shyamkrishna Balganesh
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No abstract provided.
Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyamkrishna Balganesh
Demystifying The Right To Exclude: Of Property, Inviolability, And Automatic Injunctions, Shyamkrishna Balganesh
All Faculty Scholarship
The right to exclude has long been considered a central component of property. In focusing on the element of exclusion, courts and scholars have paid little attention to what an owner's right to exclude means and the forms in which this right might manifest itself in actual property practice. For some time now, the right to exclude has come to be understood as nothing but an entitlement to injunctive relief- that whenever an owner successfully establishes title and an interference with the same, an injunction will automatically follow. Such a view attributes to the right a distinctively consequentialist meaning, which …
Aspiration And Underenforcement, Kermit Roosevelt Iii
Aspiration And Underenforcement, Kermit Roosevelt Iii
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No abstract provided.
The Bitter With The Sweet: Tradition, History, And Limitations On Federal Judicial Power--A Case Study, Stephen B. Burbank
The Bitter With The Sweet: Tradition, History, And Limitations On Federal Judicial Power--A Case Study, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.