RIGHTS DISCOURSE

A structured argument is much likelier to be persuasive and thus convincing as compared to an unstructured argument. Thus we must structure rights, especially human rights if we wish to convince the court since human rights are very recent and often ambiguous.

STRUCTURING RIGHTS GENERALLY
Presumptions
Burdens of Proof

Hierarchy of Sources of Law (Highest to lowest)
(International law?)
Constitution
(International law?)
Ordinary Federal Legislation
Ordinary State Legislation
 Judicial Decisions (Case law) (apply by analogy – my case is just like that case)
 Supreme Court
Appeals Court
Trial Court

Interpretation
1. Text – plain meaning
2. Context – grammar, structure, other laws
3. Legislative history
4. Goals of the Law

STRUCTURING HUMAN RIGHTS<br />
Hortatory (Declarations, Resolutions)
Executory
Vested

Political (Vote, strike, assembly, press, speech, petition

Procedural | Substantive

Alienable ($) | Inalienable  (Fundamental, Constitutional)

Economic (property, contract, no expropriation)

Basic
(Free movement of
goods, capital, workers, services)

FREEDOMS FROM versus RIGHTS TO
Negative Freedoms From State Power versus Positive Claims to State Resources

RIGHTS TO
Food
Shelter
Clothing
Education
Unemployment
Pensions
(usually by social insurance)

PROCEDURAL RIGHTS
Notice
Hearing
Know Accuser
Know the Accusation
Open Court
Confrontation
Trial by Jury
No Bribery
No Nepotisim
No Torture (unreliable!)
No unreasonable delay
Privacy (no unreasonable search or seizure)
No “corruption of the blood”
No “ex post facto” laws
No “bill of attainder@

READINGS FOR THE WEKEEND

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1271443
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1268335
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1020464
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1424691
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1434045