Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (15)
- Civil Rights and Discrimination (13)
- Constitutional Law (11)
- Courts (10)
- Jurisprudence (10)
-
- Law and Economics (10)
- Law and Society (10)
- Dispute Resolution and Arbitration (9)
- International Law (9)
- Legislation (9)
- Business Organizations Law (8)
- Contracts (8)
- Judges (8)
- Public Law and Legal Theory (8)
- Civil Law (7)
- Commercial Law (7)
- Jurisdiction (7)
- Banking and Finance Law (6)
- Comparative and Foreign Law (6)
- Economics (6)
- Human Rights Law (6)
- Law and Politics (6)
- Legal History (6)
- Litigation (6)
- Social and Behavioral Sciences (6)
- Bankruptcy Law (5)
- Conflict of Laws (5)
- Consumer Protection Law (5)
- Keyword
-
- Torts (14)
- Civil Rights and Discrimination (13)
- Constitutional Law (11)
- Courts (10)
- Jurisprudence (10)
-
- Law and Economics (10)
- Law and Society (10)
- Dispute Resolution (9)
- International Law (9)
- Legislation (9)
- Contracts (8)
- Corporations (8)
- General Law (8)
- Judges (8)
- Public Law and Legal Theory (8)
- Civil Law (7)
- Commercial Law (7)
- Jurisdiction (7)
- Banking and Finance (6)
- Comparative and Foreign Law (6)
- Economics (6)
- Human Rights Law (6)
- Legal History (6)
- Politics (6)
- Practice and Procedure (6)
- Bankruptcy Law (5)
- Conflict of Laws (5)
- Consumer Protection Law (5)
- Criminal Law and Procedure (5)
- Publication
- Publication Type
Articles 31 - 31 of 31
Full-Text Articles in Legal Remedies
Liability Rules For Constitutional Rights: The Case Of Mass Detentions, Eugene Kontorovich
Liability Rules For Constitutional Rights: The Case Of Mass Detentions, Eugene Kontorovich
ExpressO
Constitutional law assumes that rights should always be protected by property rules – that is, the government can only take them with the individual’s consent. This Article extends to constitutional law the insights of Calabresi and Melamed’s famous article on property and liability rules. Whether rights should be protected by property rules or liability rules depends on the transaction costs of negotiating a transfer of rights. As transaction costs rise, liability rules become more attractive.
This Article shows that liability rules can have an important role in constitutional law. Using mass detentions in national security emergencies as a case study, …