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Full-Text Articles in Law

The Militia: A Definition And Litmus Test, Marcus Armstrong Apr 2021

The Militia: A Definition And Litmus Test, Marcus Armstrong

St. Mary's Law Journal

The United States Supreme Court, in its decision in Perpich v. Department of Defense, ruled that members of the National Guard are “troops” as that word is used in the Constitution. In doing so, the Court negated a long-standing, but obsolete, definition of the militia. However, this move away from an obsolete definition of the militia posed considerable difficulties that the Court was unable to rectify in its Perpich decision. In this Article, the author hopes to help rectify these difficulties by proposing four necessary characteristics that define the militia: first, the militia is a military force; second, the …


Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta Jan 2014

Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta

Catholic University Law Review

No abstract provided.


Article I Section 13 Of The Virginia Constitution: Of Militias And An Individual Right To Bear Arms, Hon. Stephen R. Mccullough Nov 2013

Article I Section 13 Of The Virginia Constitution: Of Militias And An Individual Right To Bear Arms, Hon. Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.


The Second Amendment And Gun Control, Erwin Chemerinsky Feb 2013

The Second Amendment And Gun Control, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Parker V. District Of Columbia: Putting The "I'S" In Milita, Katharine E. Kohm Jan 2008

Parker V. District Of Columbia: Putting The "I'S" In Milita, Katharine E. Kohm

University of Richmond Law Review

No abstract provided.


Taking Aim At An American Myth, Paul Finkelman May 2001

Taking Aim At An American Myth, Paul Finkelman

Michigan Law Review

Every American had a musket hanging over his fireplace at night, and by his side during the day. Like Cincinnatus, time and again Americans dropped their plows to shoulder their arms, to fight the Indians, the French, the Indians, the British, the Indians, the Mexicans, the Indians yet again, and then, from 1861 to 1865, each other. American men were comfortable with guns; they needed them and wanted them. They felt at home in woods, in search of food, or in defense of their homesteads. It is a story as old as our first pulp novels and earliest movies. It …


The Privilege To Keep And Bear Arms: The Second Amendment And Its Interpretation, William A. Walker May 1990

The Privilege To Keep And Bear Arms: The Second Amendment And Its Interpretation, William A. Walker

Michigan Law Review

A Review of The Privilege to Keep and Bear Arms: The Second Amendment and Its Interpretation by Warren Freedman


The Right To Bear Arms, A Study In Judicial Misinterpretation, Stuart R. Hays Mar 1960

The Right To Bear Arms, A Study In Judicial Misinterpretation, Stuart R. Hays

William & Mary Law Review

No abstract provided.