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Full-Text Articles in Law
When Guns Threaten The Public Sphere: A New Account Of Public Safety Regulation Under Heller, Joseph Blocher, Reva B. Siegel
When Guns Threaten The Public Sphere: A New Account Of Public Safety Regulation Under Heller, Joseph Blocher, Reva B. Siegel
Faculty Scholarship
Government regulates guns, it is widely assumed, because of the death and injuries guns can inflict. This standard account is radically incomplete—and in ways that dramatically skew constitutional analysis of gun rights. As we show in an account of the armed protesters who invaded the Michigan legislature in 2020, guns can be used not only to injure but also to intimidate. The government must regulate guns to prevent physical injuries and weapons threats in order to protect public safety and the public sphere on which a constitutional democracy depends.
For centuries the Anglo-American common law has regulated weapons not only …
Tainted Precedent, Darrell A. H. Miller
Response: Rights As Trumps Of What?, Joseph Blocher
Response: Rights As Trumps Of What?, Joseph Blocher
Faculty Scholarship
No abstract provided.
That We Are Underlings: The Real Problems In Disciplining Political Spending And The First Amendment, Jedediah Purdy
That We Are Underlings: The Real Problems In Disciplining Political Spending And The First Amendment, Jedediah Purdy
Faculty Scholarship
In the area of money in politics, change at the doctrinal level will follow only from change at the political level. The current doctrine is coherent, intelligible, and profoundly misplaced. Shifting it will take a movement.
“Equal Citizenship Stature”: Justice Ginsburg’S Constitutional Vision, Neil S. Siegel
“Equal Citizenship Stature”: Justice Ginsburg’S Constitutional Vision, Neil S. Siegel
Faculty Scholarship
In this essay, Professor Siegel examines the nature and function of constitutional visions in the American constitutional order. He argues that Associate Justice Ruth Bader Ginsburg possesses such a vision and that her vision is defined by her oft-stated commitment to “full human stature,” to “equal citizenship stature.” He then defends Justice Ginsburg’s characteristically incremental and moderate approach to realizing her vision. He does so in part by establishing that President Barack Obama articulated a similar vision and approach in his Philadelphia speech on American race relations and illustrated its capacity to succeed during the 2008 presidential election.