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Articles 1 - 7 of 7
Full-Text Articles in Law
Retconning Heller: Five Takes On New York State Rifle & Pistol Association, Inc. V. Bruen, Brannon P. Denning, Glenn H. Reynolds
Retconning Heller: Five Takes On New York State Rifle & Pistol Association, Inc. V. Bruen, Brannon P. Denning, Glenn H. Reynolds
William & Mary Law Review
New York State Rifle & Pistol Association, Inc. v. Bruen was the first significant Second Amendment case that the Supreme Court had heard in nearly fifteen years since its decision in District of Columbia v. Heller. This Article offers some preliminary observations about the opinion itself, as well as its likely effects, some of which are starting to manifest.
Our first take concerns the question of opinion assignment. Why did Chief Justice Roberts—whose support for the Second Amendment has been suspect—assign the opinion to Justice Thomas?
Takes Two and Three concern Justice Thomas’s substitution of text, history, and tradition …
The Constitutional Right To Carry Firearms On Campus, Jared A. Tuck
The Constitutional Right To Carry Firearms On Campus, Jared A. Tuck
William & Mary Law Review
Do individuals have the fundamental right under the Second Amendment to carry firearms on the campus of a public university? Additionally, can a public university totally ban firearms on its campus without impeding on the constitutional right to keep and bear arms protected by the Second Amendment? This Note will argue that individuals have a narrow, but constitutionally guaranteed, right to carry firearms on the campus of a public university. Therefore, it is beyond the power of states and public universities to totally ban firearms from campus premises.
Regulating Armed Private Militia Gatherings: A Constitutional State-Level Proposal To Promote Public Safety In A Post-Heller World, Sean Tenaglia
Regulating Armed Private Militia Gatherings: A Constitutional State-Level Proposal To Promote Public Safety In A Post-Heller World, Sean Tenaglia
William & Mary Law Review
“Yesterday, in my view, was one of the darkest days in the history of our nation.” President Joseph R. Biden spoke these words following the January 6, 2021 riots at the U.S. Capitol Building that left five people, including a police officer, dead. The mob that stormed the Capitol sought to prevent Congress from certifying then-President-elect Biden’s Electoral College victory. In the weeks following the riot, investigators began arresting rioters associated with extremist right-wing militia groups, such as the Oath Keepers and Three Percenters. While January 6, 2021, can accurately be labeled a dark day in American history, the events …
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.
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 Right To Bear Arms, A Study In Judicial Misinterpretation, Stuart R. Hays
The Right To Bear Arms, A Study In Judicial Misinterpretation, Stuart R. Hays
William & Mary Law Review
No abstract provided.