Minnesota Law Review

Rights for Sale

Individuals enjoy a host of rights in relation to the government, including voting rights, the right against self-incrimination, the right to public education, pollution quotas, as well as various subsidies and tax attributes. Should individuals be able to sell these public entitlements to others? Markets for voting rights or tax attributes may seem inconceivable. Yet for pollution quotas, trade between polluters who do not fully utilize their quotas and those who wish to utilize the surplus seems natural and is actually encouraged. Can the differences in treatment be normatively justified?

To answer this question we move the spotlight away from the traditional vertical (individual-government) perspective, through which public entitlements are usually viewed, to the neglected horizontal (individual-individual) perspective. Exploring the normative foundations of alienability, we develop a conceptual framework for constructing alienable public entitlements. This framework challenges existing conventions and offers new insights with regard to both alienability and public entitlements. Expanding the horizons of the alienability discourse beyond the traditional contexts of taboo markets (such as organs, babies, and sexuality) to the unexplored terrain of public entitlements dismantles the simplistic binary treatment of alienability, opening up nuanced variations. Viewing public entitlements through the prism of alienability reveals an over-looked potential for their use as public policy instruments. The Article thus offers an exercise in expanding our legal imagination by portraying a world where alienability of public entitlements is a viable option, rather than a rare exception.

:: View PDF

News & Events

  • Volume 97 Lead Piece Profiled in New York Times

    The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]

  • Volume 98 Spring Submissions Closed

    The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.

  • Volume 98 Submissions Will Open Feb. 15

    The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.

  • Minnesota Law Review Announces Volume 98 Editorial Board

    The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.

  • Minnesota Law Review Announces 2013 Symposium Topic

    The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.

Newsletter

cforms contact form by delicious:days