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Full-Text Articles in Law
Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick
Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick
Popular Media
No abstract provided.
Response: Rights As Trumps Of What?, Joseph Blocher
Response: Rights As Trumps Of What?, Joseph Blocher
Faculty Scholarship
No abstract provided.
Constitutional Conflict And Sensitive Places, Darrell A. H. Miller
Constitutional Conflict And Sensitive Places, Darrell A. H. Miller
Faculty Scholarship
No abstract provided.
Bans, Joseph Blocher
Bans, Joseph Blocher
Faculty Scholarship
In the universe of legal restrictions subject to judicial review, those characterized as fully denying some aspect of a constitutional right—bans—are often subject to per se rules of invalidity. Whether the subject of the restriction is a medium of expression, the valuable use of property, or a class of weapons, courts in such cases will often short-circuit the standard doctrinal machinery and strike down the law, even if it might have survived heightened scrutiny. Identifying laws as bans can thus provide an end run around the tiers of scrutiny and other familiar forms of means-ends analysis.
And yet it is …