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Full-Text Articles in Law
Second Amendment Plumbing After Heller: Of Incorporation, Standards Of Scrutiny, Well-Regulated Militias And Criminal Street Gangs, Lawrence Rosenthal
Second Amendment Plumbing After Heller: Of Incorporation, Standards Of Scrutiny, Well-Regulated Militias And Criminal Street Gangs, Lawrence Rosenthal
Lawrence Rosenthal
The decision of the United States Supreme Court in District of Columbia v. Heller ended one debate about the Second Amendment while beginning another.
Prior to Heller, the principal point on which courts and scholars had joined issue was whether the Second Amendment secures an individual right to bear arms or a right to participate in an organized militia. In Heller, the Court came down on the individual-rights side while resolving little else about the extent to which the Second Amendment will constrain the power to regulate firearms. Among the many questions left for future litigation, the two most important …
How Prosecutor Elections Fail Us, Ronald F. Wright
How Prosecutor Elections Fail Us, Ronald F. Wright
Ronald F. Wright
There are several methods for holding prosecutors accountable in this country. Judges enforce a few legal boundaries on the work of prosecutors. Prosecutors with positions lower in the office or department hierarchy must answer to those at the top. But none of these controls binds a prosecutor too tightly. At the end of the day, the public guards against abusive prosecutors through direct democratic control.
Does the electoral check on prosecutors work? There are reasons to believe that elections could lead prosecutors to apply the criminal law according to public priorities and values. Voters choose their prosecutors at the local …