I. Introduction: Key Concepts in Individual Rights

This Chapter is intended to cover cross-substantive things key to understanding individual rights adjudication: the distinction between positive and negative rights, the state action doctrine, incorporation, coverage vs. protection, and facial vs. as-applied challenges.

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.