Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

Disgust And Guns: Conduct, Identity, And Second Amendment Animus, William D. Araiza Mar 2022

Disgust And Guns: Conduct, Identity, And Second Amendment Animus, William D. Araiza

Northwestern University Law Review

In Second Amendment Animus, Professor Jacob Charles examines whether the burgeoning doctrine of unconstitutional animus should play any role in adjudicating Second Amendment claims. This Essay responds to Professor Charles’s important work. While it concludes that he is likely correct to reject animus as a grounding for Second Amendment claims, it points out areas where the analysis is more nuanced than he suggests. After considering Professor Charles’s analysis, the Essay examines the Second Amendment animus issue through the theoretical lens provided by Professor Martha Nussbaum’s work on disgust as a motivating factor for the types of exclusionary and subordinating …


Second Amendment Equilibria, Darrell A.H. Miller Aug 2021

Second Amendment Equilibria, Darrell A.H. Miller

Northwestern University Law Review

No abstract provided.


The State's Monopoly Of Force And The Right To Bear Arms, Robert Leider Aug 2021

The State's Monopoly Of Force And The Right To Bear Arms, Robert Leider

Northwestern University Law Review

No abstract provided.


The Future Of The Second Amendment In A Time Of Lawless Violence, Nelson Lund Aug 2021

The Future Of The Second Amendment In A Time Of Lawless Violence, Nelson Lund

Northwestern University Law Review

No abstract provided.


When Two Rights Make A Wrong: Armed Assembly Under The First And Second Amendments, Michael C. Dorf Aug 2021

When Two Rights Make A Wrong: Armed Assembly Under The First And Second Amendments, Michael C. Dorf

Northwestern University Law Review

No abstract provided.


When Guns Threaten The Public Sphere: A New Account Of Public Safety Under Heller, Joseph Blocher, Reva B. Siegel Aug 2021

When Guns Threaten The Public Sphere: A New Account Of Public Safety Under Heller, Joseph Blocher, Reva B. Siegel

Northwestern University Law Review

No abstract provided.


Second Amendment Animus, Jacob D. Charles Aug 2021

Second Amendment Animus, Jacob D. Charles

Northwestern University Law Review

No abstract provided.


The Second Amendment In A Carceral State, Alice Ristroph Aug 2021

The Second Amendment In A Carceral State, Alice Ristroph

Northwestern University Law Review

No abstract provided.


The Resilience Of Substantive Rights And The False Hope Of Procedural Rights: The Case Of The Second Amendment And The Seventh Amendment, Renée Lettow Lerner Aug 2021

The Resilience Of Substantive Rights And The False Hope Of Procedural Rights: The Case Of The Second Amendment And The Seventh Amendment, Renée Lettow Lerner

Northwestern University Law Review

No abstract provided.


Second Amendment Sanctuaries, Shawn E. Fields Oct 2020

Second Amendment Sanctuaries, Shawn E. Fields

Northwestern University Law Review

The term “sanctuary” has long expressed a sympathy for immigrants’ rights and resistance to federal immigration enforcement. Recently, the word has become associated with another divisive political topic, as local governments have begun declaring themselves “Second Amendment Sanctuaries” in defiance of statewide gun-control measures they deem unconstitutional. This gun-rights resistance movement not only flips the political script on the nature of sanctuaries, but also presents important and challenging questions about local–state power sharing, the proper scope of “subfederal commandeering,” and the role of coordinate branches in constitutional decision-making. This Article provides the first scholarly treatment of Second Amendment Sanctuaries. In …