Open Access. Powered by Scholars. Published by Universities.®

Second Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

230 Full-Text Articles 176 Authors 67,633 Downloads 45 Institutions

All Articles in Second Amendment

Faceted Search

230 full-text articles. Page 1 of 8.

Obama's Executive Order On Guns Is Mostly Political Theater, Timothy D. Lytton 2016 Georgia State University College of Law

Obama's Executive Order On Guns Is Mostly Political Theater, Timothy D. Lytton

Timothy D. Lytton

No abstract provided.


Up In Arms: The Hunt To Define The Second Amendment's Scope, Holly E. Jones 2016 Villanova University Charles Widger School of Law

Up In Arms: The Hunt To Define The Second Amendment's Scope, Holly E. Jones

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


History, Heller, And High-Capacity Magazines: What Is The Proper Standard Of Review For Second Amendment Challenges?, Lindsay Colvin 2016 Fordham University School of Law

History, Heller, And High-Capacity Magazines: What Is The Proper Standard Of Review For Second Amendment Challenges?, Lindsay Colvin

Fordham Urban Law Journal

No abstract provided.


Second Amendment Standards Of Review In A Heller World, Nelson Lund 2016 George Mason University School of Law

Second Amendment Standards Of Review In A Heller World, Nelson Lund

Fordham Urban Law Journal

No abstract provided.


The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today, David B. Kopel 2016 Denver University, Sturm College of Law

The Great Gun Control War Of The Twentieth Century—And Its Lessons For Gun Laws Today, David B. Kopel

Fordham Urban Law Journal

No abstract provided.


Gun Control After Heller And Mcdonald: What Cannot Be Done And What Ought To Be Done, Gary Kleck 2016 Florida State University

Gun Control After Heller And Mcdonald: What Cannot Be Done And What Ought To Be Done, Gary Kleck

Fordham Urban Law Journal

No abstract provided.


Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody 2016 College of William & Mary

Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody

Fordham Urban Law Journal

No abstract provided.


Rights Versus Duties, History Department Lawyering, And The Incoherence Of Justice Stevens’S Heller Dissent, Nicholas J. Johnson 2016 Fordham University School of Law

Rights Versus Duties, History Department Lawyering, And The Incoherence Of Justice Stevens’S Heller Dissent, Nicholas J. Johnson

Fordham Urban Law Journal

No abstract provided.


Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook 2016 Fordham Law School

Why Can't We Be Like France? How The Right To Bear Arms Got Left Out Of The Declaration Of Rights And How Gun Registration Was Decreed Just In Time For The Nazi Occupation, Stephen P. Halbrook

Fordham Urban Law Journal

No abstract provided.


Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago, Harris Fischman 2016 United States Attorney’s Office for the Southern District of New York

Gun Control And The Second Amendment: Developments And Controversies In The Wake Of District Of Columbia V. Heller And Mcdonald V. Chicago, Harris Fischman

Fordham Urban Law Journal

No abstract provided.


The (New) New Judicial Federalism: State Constitutions And The Protection Of The Individual Right To Bear Arms, Michael B. de Leeuw 2016 Fried, Frank, Harris, Shriver & Jacobson LLP

The (New) New Judicial Federalism: State Constitutions And The Protection Of The Individual Right To Bear Arms, Michael B. De Leeuw

Fordham Urban Law Journal

No abstract provided.


The Right To Carry Firearms Outside Of The Home: Separating Historical Myths From Historical Realities, Saul Cornell 2016 Fordham University

The Right To Carry Firearms Outside Of The Home: Separating Historical Myths From Historical Realities, Saul Cornell

Fordham Urban Law Journal

No abstract provided.


The Second Amendment In Historiographical Crisis: Why The Supreme Court Must Reevaluate The Embarrassing “Standard Model” Moving Forward, Patrick J. Charles 2016 Fordham Law School

The Second Amendment In Historiographical Crisis: Why The Supreme Court Must Reevaluate The Embarrassing “Standard Model” Moving Forward, Patrick J. Charles

Fordham Urban Law Journal

No abstract provided.


Toward A Future, Wiser Court: A Blueprint For Overturning District Of Columbia V. Heller, Richard F. Aborn, Marlene Koury 2016 Constantine Cannon

Toward A Future, Wiser Court: A Blueprint For Overturning District Of Columbia V. Heller, Richard F. Aborn, Marlene Koury

Fordham Urban Law Journal

No abstract provided.


Who Gets To Determine If You Need Self Defense?: Heller And Mcdonald's Application Outside The House, Elizabeth Beaman 2016 Seton Hall University

Who Gets To Determine If You Need Self Defense?: Heller And Mcdonald's Application Outside The House, Elizabeth Beaman

Seton Hall Circuit Review

No abstract provided.


Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo 2016 Notre Dame Law School

Florida's Stand Your Ground Regime: Legislative Direction, Prosecutorial Discretion, Public Pressures, And The Legitimization Of The Criminal Justice System, Mary Elizabeth Castillo

Journal of Legislation

This note seeks to examine the tripartite relationship between legislative delegation, prosecutorial discretion, and public pressures in the context of Florida's "Stand Your Ground" regime. In the context of high profile criminal cases, a prosecutor faces significant public and political pressures that may influence her exercise of discretion in that case. Ultimately, Castillo argues that when a prosecutor succumbs to these pressures, it undermines her expertise, experience and exercise of discretion, and undercuts the legitimacy of the criminal justice system as a whole.


The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West 2016 University of Georgia School of Law

The Absurd Logic Behind Florida’S Docs Vs. Glocks Law, Dahlia Lithwick, Sonja R. West

Popular Media

This article published at Slate.com on January 8, 2016, reviews the Wollschlaeger v. Governor of the State of Florida case in which the Florida legislature passed a law that bars health care workers from discussing or recording anything about their patients’ gun ownership or safety practices that could be deemed in bad faith, irrelevant, or harassing.


Lethality, Public Carry, And Adequate Alternatives, Joseph Blocher, Darrell A. H. Miller 2016 Duke Law School

Lethality, Public Carry, And Adequate Alternatives, Joseph Blocher, Darrell A. H. Miller

Faculty Scholarship

This Article explores the relationship between lethality and the right to bear arms, and considers how that relationship might be shaped by the availability of non-lethal alternative weapons. Prior scholarship has asked whether the Second Amendment includes a right to carry non-lethal “Arms.” An important set of related questions remains: does the Second Amendment necessarily include a right to arm oneself publicly with lethal force, if non-lethal alternatives are available? And how should one evaluate the adequacy of those alternatives?


What Is Gun Control? Direct Burdens Incidental Burdens, And The Boundaries Of The Second Amendment, Joseph Blocher, Darrell A. H. Miller 2016 Duke Law School

What Is Gun Control? Direct Burdens Incidental Burdens, And The Boundaries Of The Second Amendment, Joseph Blocher, Darrell A. H. Miller

Faculty Scholarship

Particularly in places with few recognizable gun control laws, “gun neutral” civil and criminal rules are an important but often-unnoticed basis for the legal regulation of guns. The burdens that these rules impose on the keeping and bearing of arms are at times significant, but they are also incidental, which raises hard questions about the boundaries between constitutional law, regulation, and legally enforceable private ordering. Does the Second Amendment apply to civil suits for trespass, negligence, and nuisance? Does the Amendment cover gun-neutral laws of general applicability like assault and disturbing the peace? In the course of addressing these practical ...


Guns, Gender, Geography: Exploring Reasons For Gun Ownership, Lauren N. Kadet 2016 Georgia Southern University

Guns, Gender, Geography: Exploring Reasons For Gun Ownership, Lauren N. Kadet

Electronic Theses & Dissertations

This study was aimed to depict patterns of gun ownership in the United States and to outline the reasons for gun ownership and the influential variables associated with people’s reasons for owning handguns and long guns. This study used data derived from the 2004 National Firearm Survey to examine how respondents’ geographic region of residency, gender, race, age, rural location and education level influenced the likelihood of, and reasons for owning a firearm. The findings from this study suggest that being a male, living in the south and participants’ age was significant in determining the likelihood of participants owning ...


Digital Commons powered by bepress