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Full-Text Articles in Law

The Next Fight Over Guns In America, Timothy Zick, Diana Palmer Jun 2022

The Next Fight Over Guns In America, Timothy Zick, Diana Palmer

Popular Media

With Thursday’s Supreme Court decision [in New York State Rifle & Pistol Association Inc. v. Bruen], the only real remaining question is not whether Americans can carry firearms, but where.


Framing The Second Amendment: Gun Rights, Civil Rights And Civil Liberties, Timothy Zick Nov 2020

Framing The Second Amendment: Gun Rights, Civil Rights And Civil Liberties, Timothy Zick

Faculty Publications

Gun rights proponents and gun control advocates have devoted significant energy to framing the constitutional right to keep and bear arms. In constitutional discourse, advocates and commentators have referred to the Second Amendment as a "collective, ""civic republican," "individual," and 'fundamental" right. Gun rights advocates have defended the right to keep and bear arms on "law and order" grounds, while gun control proponents have urged regulation based on "public health, " "human rights, " and other concerns. These frames and concepts have significantly influenced how the right to keep and bear arms has been debated, interpreted, and enforced. This Article …


The Constitutional Case For "Red Flag" Laws, Timothy Zick Dec 2019

The Constitutional Case For "Red Flag" Laws, Timothy Zick

Popular Media

No abstract provided.


The “True Man” And His Gun: On The Masculine Mystique Of Second Amendment Jurisprudence, C. D. Christensen Apr 2017

The “True Man” And His Gun: On The Masculine Mystique Of Second Amendment Jurisprudence, C. D. Christensen

William & Mary Journal of Race, Gender, and Social Justice

The Supreme Court’s recent Second Amendment jurisprudence raises serious normative questions for the use of self-defense with a firearm. This jurisprudence also implicates our prevailing social norms with respect to socially constructed and structurally pervasive gender roles. I argue that a peculiarly American conception of masculinity underpins the judicial construction of the Second Amendment’s core purpose as guaranteeing the right to armed defense of one’s self and one’s home. The Court’s recent Second Amendment rulings create an individual protection for gun ownership and incorporate the same against the States. But the Court’s reasoning entangles this protection with an implicit valuation …


Where Do We Go From Here? Handgun Regulation In A Post-Heller World, Lindsey Craven Mar 2010

Where Do We Go From Here? Handgun Regulation In A Post-Heller World, Lindsey Craven

William & Mary Bill of Rights Journal

No abstract provided.


Why Protect Private Arms Possession? Nine Theories Of The Second Amendment, Michael S. Green Jan 2008

Why Protect Private Arms Possession? Nine Theories Of The Second Amendment, Michael S. Green

Faculty Publications

No abstract provided.