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Articles 1 - 17 of 17
Full-Text Articles in Law
The Collective Right Endures: Pre-Heller Precedent And Our Understanding Of The Modern Second Amendment, William Reach
The Collective Right Endures: Pre-Heller Precedent And Our Understanding Of The Modern Second Amendment, William Reach
William & Mary Bill of Rights Journal
Prior to 2008, legal scholars who examined the Second Amendment fell roughly into two camps: those who believed “the right of the people to . . . bear arms” only covered state militias, and those who believed it extended to individual citizens.
After District of Columbia v. Heller conclusively established that the “Second Amendment conferred an individual right to keep and bear arms," discussion of the collective right to bear arms largely receded from public discussion and most litigation surrounding the Second Amendment shifted to define the outer edges of the individual right. But the pre-Heller showdown between these …
Constitutional Conflict And Sensitive Places, Darrell A. H. Miller
Constitutional Conflict And Sensitive Places, Darrell A. H. Miller
William & Mary Bill of Rights Journal
No abstract provided.
Political And Non-Political Speech And Guns, Gregory P. Magarian
Political And Non-Political Speech And Guns, Gregory P. Magarian
William & Mary Bill of Rights Journal
No abstract provided.
Doctrinal Dynamism, Borrowing, And The Relationship Between Rules And Rights, Joseph Blocher, Luke Morgan
Doctrinal Dynamism, Borrowing, And The Relationship Between Rules And Rights, Joseph Blocher, Luke Morgan
William & Mary Bill of Rights Journal
The study of “Rights Dynamism,” exemplified in Timothy Zick’s new book on the First Amendment’s relationship with the rest of the Bill of Rights, can enrich our understanding of constitutional rights. It also opens a door to another potentially fruitful arena: what we call “Doctrinal Dynamism.” Constitutional rights often interact and generate new meanings and applications by way of importing and exporting one another’s doctrinal rules, even when the rights themselves do not intersect directly in the context of a single case. Focusing on these doctrinal exchanges can illuminate the strengths and weaknesses of various rules, the specific interests underlying …
The Constitutional Case For "Red Flag" Laws, Timothy Zick
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
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 …
The Second Amendment In The Twenty-First Century: What Hath Heller Wrought?, Patrick J. Charles
The Second Amendment In The Twenty-First Century: What Hath Heller Wrought?, Patrick J. Charles
William & Mary Bill of Rights Journal
No abstract provided.
The Quiet Army: Felon Firearm Rights Restoration In The Fourth Circuit, Robert Luther Iii
The Quiet Army: Felon Firearm Rights Restoration In The Fourth Circuit, Robert Luther Iii
William & Mary Bill of Rights Journal
Most states afford felons the opportunity to have their political disabilities removed or “rights restored” after they are released from incarceration. In every state within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit, save Virginia, a felon’s rights are partially restored automatically upon the completion of his sentence, parole, and probation. Absent a pardon, Virginia requires the felon to petition the Governor in writing through the Office of the Secretary of the Commonwealth in order to obtain a partial restoration of rights. One such right that may or may not be restored upon a state-convicted felon’s …
Where Do We Go From Here? Handgun Regulation In A Post-Heller World, Lindsey Craven
Where Do We Go From Here? Handgun Regulation In A Post-Heller World, Lindsey Craven
William & Mary Bill of Rights Journal
No abstract provided.
Rescuing The Fourteenth Amendment Privileges Or Immunities Clause: How "Attrition Or Parliamentary Processes" Begat Accidental Ambiguity; How Ambiguity Begat Slaughter-House, Michael Anthony Lawrence
Rescuing The Fourteenth Amendment Privileges Or Immunities Clause: How "Attrition Or Parliamentary Processes" Begat Accidental Ambiguity; How Ambiguity Begat Slaughter-House, Michael Anthony Lawrence
William & Mary Bill of Rights Journal
No abstract provided.
Why Protect Private Arms Possession? Nine Theories Of The Second Amendment, Michael S. Green
Why Protect Private Arms Possession? Nine Theories Of The Second Amendment, Michael S. Green
Faculty Publications
No abstract provided.
An International Human Right To Keep And Bear Arms, Christopher J. Schmidt
An International Human Right To Keep And Bear Arms, Christopher J. Schmidt
William & Mary Bill of Rights Journal
No abstract provided.
St. George Tucker And The Second Amendment: Original Understandings And Modern Misunderstandings, Saul Cornell
St. George Tucker And The Second Amendment: Original Understandings And Modern Misunderstandings, Saul Cornell
William & Mary Law Review
No abstract provided.
Treating The Pen And The Sword As Constitutional Equals: How And Why The Supreme Court Should Apply Its First Amendment Expertise To The Great Second Amendment Debate, David G. Browne
William & Mary Law Review
No abstract provided.
Tench Coxe And The Right To Keep And Bear Arms, 1787-1823, Stephen P. Halbrook, David B. Kopel
Tench Coxe And The Right To Keep And Bear Arms, 1787-1823, Stephen P. Halbrook, David B. Kopel
William & Mary Bill of Rights Journal
Tench Coxe, a member of the second rank of this nation's Founders and a leading proponent of the Constitution and the Bill of Rights, wrote prolifically about the right to keep and bear arms. In this Article, the authors trace Coxe 's story, from his early writings in support of the Constitution, through his years of public service, to his political writings in opposition to the presidential campaigns of John Adams and John Quincy Adams. The authors note that Coxe described the Second Amendment as guaranteeing an individual right, and believed that an individual right to bear arms was necessary …
Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.
Guns, Words, And Constitutional Interpretation, L. A. Powe Jr.
William & Mary Law Review
No abstract provided.
The Second Amendment And The Personal Right To Arms, William W. Van Alstyne
The Second Amendment And The Personal Right To Arms, William W. Van Alstyne
Faculty Publications
For many years, the Second Amendment was politely ignored, or summarily dismissed, by America's legal academy. In recent years, however, more and more law professors have begun taking the Second Amendment seriously. Professor William Van Alstyne, one of the nation's most respected Constitutional law professors, and the author of a leading Constitutional law casebook; offers his contribution in this essay. Van Alstyne suggests that the Second Amendment means exactly what it says: that individual citizens have a right, not merely a privilege, to own and carry firearms. He also commends the National Rifle Association for its constructive role as a …