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- Constitutional Law; Constitutional Interpretation; Second Amendment; New York State Rifle & Pistol Association Inc. v. Bruen; Legal History (1)
- Harmonization; International Law; Maritime Law; UNCITRAL; UNIDROIT; the Hague Conference; Uniform Law Commission; American Law Institute; Multilateral Law; Reform (1)
Articles 1 - 2 of 2
Full-Text Articles in Legal History
Commercial Law Harmonization: The Role Of The United States, Hal Burman
Commercial Law Harmonization: The Role Of The United States, Hal Burman
Brooklyn Journal of Corporate, Financial & Commercial Law
The modern field of transnational commercial law harmonization began in the United States in the mid-1960s; the international basis of that began in the mid-1940s. Before that, a limited number of areas of private international law (PIL) had active participation of US interests, such as maritime law. US participation internationally effectively began in the middle 1960s. Developments parallel to commercial law have been significant in the areas of applicable law, jurisdiction, commercial arbitration, family law, and other fields – all important areas of transnational law, but beyond the scope of this symposium. Each of these areas of law, while affecting …
Historical Tradition: A Vague, Overconfident, And Malleable Approach To Constitutional Law, Michael L. Smith
Historical Tradition: A Vague, Overconfident, And Malleable Approach To Constitutional Law, Michael L. Smith
Brooklyn Law Review
In New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court overturned a century-old firearms licensing scheme that required people seeking concealed carry permits to demonstrate that they had a special need for self-defense. The Court did so by applying a “historical tradition” approach to determine the scope of Second Amendment protection. Under this approach, where the Second Amendment’s plain text covers an individual’s conduct, a law restricting that conduct must be consistent with “the Nation’s historical tradition of firearm regulation.” At first glance, the historical tradition approach may seem objective and easier than an empirical analysis …