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Fourteenth Amendment Commons

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Full-Text Articles in Fourteenth Amendment

The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles Apr 2019

The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles

Cleveland State Law Review

This article seeks to critique the circuit courts’ varying history-in-law approaches, as well as to provide advice on the proper role that history-in-law plays when examining the scope of the Second Amendment outside the home. This article sets forth to accomplish this task in three parts. Part I argues why history-in-law is appropriate when adjudicating Second Amendment decisions outside the home. Part II examines the benefits and burdens of utilizing history-in-law as a method of constitutional interpretation, while breaking down the alternative approaches employed by circuit courts when adjudicating Second Amendment decisions outside the home. Lastly, Part III offers practical …


City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff Jan 1999

City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff

American Indian Law Review

No abstract provided.