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Journal Article

The Right Not to Keep or Bear Arms

01 Jan 2012-Stanford Law Review (School of Law, Stanford University)-Vol. 64, Iss: 1, pp 1-54
TL;DR: In this article, the Second Amendment should be read to encompass both the right to keep or bear arms for self-defense and the inverse right to protect oneself by avoiding arms, and what practical implications, if any, the latter right would have.
Abstract: Sometimes a constitutional right to do a particular thing is accompanied by a right not to do that thing. The First Amendment, for example, guarantees both the right to speak and the right not to speak This Article asks whether the Second Amendment should likewise be read to encompass both the right to keep or bear arms for self-defense and the inverse right to protect oneself by avoiding arms, and what practical implications, if any, the latter right would have. The Article concludes albeit with some important qualifications that a right not to keep or bear arms is implied by what the Supreme Court has called the "core" and "central component" of the Second Amendment: self-defense, especially in the home. Recognizing such a right might call into question the constitutionality of the growing number of "anti-gun control" laws that make it difficult or illegal for private individuals to avoid having guns in their actual or constructive possession. Language: en

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TL;DR: In the context of public safety realignment in California, this article reviewed early research focused on the statewide effect of Realignment on recidivism, which has produced mixed findings depending on the measure of recrievability applied.
Abstract: California’s 2011 Public Safety Realignment created an unprecedented policy experiment by transferring the authority over lower-level felony offenders from the state correctional system to fifty-eight county jail and probation systems. While centered in California, these changes are reflective of an ongoing national conversation about the appropriate level of government at which to focus crime control efforts. In this article, we first situate Realignment in criminological and sociolegal literatures, showing how the reform offers opportunities to further inquiry as to the effectiveness of a wide variety of correctional strategies, implementation, and local variation in correctional law and policy. We then review early research focused on the statewide effect of Realignment on recidivism, which has produced mixed findings depending on the measure of recidivism applied. We then examine variation in recidivism outcomes across county sites and present findings that indicate there is an important relationship ...

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TL;DR: In this article, the relationship between constitutional law and international law in the extraterritorial enforcement of human rights is explored by offering a typology of models: the American, European and Israeli models.
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Journal ArticleDOI
TL;DR: Lardy and Hill as mentioned in this paper argued that the right not to vote is compatible with a duty to vote, so arguments for a duty-to-vote do not refute the existence of such a right.
Abstract: Opponents of compulsory voting often allege that it violates a ‘right not to vote’. This paper seeks to clarify and defend such a right against its critics (Lardy in Oxf J Leg Stud 24:303–321, 2004; Hill in Aust J Polit Sci 50:61–72, 2015a; in Crit Rev Int Soc Polit Philos 18:652–660, 2015b). First, I propose that this right must be understood as a Hohfeldian claim against being compelled to vote, rather than as a mere privilege to abstain. So construed, the right not to vote is compatible with a duty to vote, so arguments for a duty to vote do not refute the existence of such a right. The right against compulsion is most easily defended within a liberal framework, hence its critics often appeal instead to a republican conception of freedom. In the latter part of the paper, I argue that even these republican arguments are inconclusive. Even non-dominating interference still conditions freedom, which may require justification. Further, citizens can live up to republican ideals, so long as they are vigilant; they need not actually vote. Thus, republican arguments fail to refute a right not to vote.

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