|
Friday Schedule
Program
Annual
Meeting
Home
|
|
Friday, January 3, 2003
|
2:00-5:00 p.m.
Section on Constitutional Law
Eugene Volokh, University of California at Los Angeles, Chair |
Wilson A, B & C
Marriott Wardman Park Hotel
Mezzanine Level | |
The Role of Property in Other Constitutional Rights
Speakers:- Gregory S. Alexander, Cornell Law School
- James W. Ely, Jr., Vanderbilt University
- John O. McGinnis, Northwestern University
- Margaret Jane Radin, Stanford Law School
The meaning of constitutional rights-such as free speech, religious freedom, the right to counsel, parental rights, privacy rights, and so on-often turns on assumptions about background property rules. These assumptions are generally unstated, but are vital to defining what rightsholders may or may not do. You may speak, but not with someone else's property. You may hire a lawyer or send your child to a private school, but only with your own money. A court won't interfere in church disputes over the church's property, but often the whole question in the dispute is which church faction is the one that actually owns the property.
To what extent does the government's fairly broad power to define property rights enable them to also change the scope of other constitutional rights? To what extent does the protection given to other constitutional rights limit the government's power to alter property rules? How else do background property rules influence other constitutional rights, and vice versa? This panel will discuss these questions from a variety of ideological and methodological perspectives.
Business Meeting at Program Conclusion
|
|