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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.


Hunting And The Second Amendment, Joseph Blocher 2015 Duke Law School

Hunting And The Second Amendment, Joseph Blocher

Notre Dame Law Review

Debates about the meaning and scope of the Second Amendment have traditionally focused on whether it protects the keeping and bearing of arms for self-defense, prevention of tyranny, maintenance of the militia, or some combination of those three things. But roughly half of American gun-owners identify hunting or sport shooting as their primary reason for owning a gun. And while much public rhetoric suggests that these activities fall within the scope of the Second Amendment, some of the most committed gun-rights advocates insist that the Amendment “ain’t about hunting” and that, no matter their heritage and value, such activities ...


Self-Defense Against Gun Suicide, Frederick E. Vars 2015 University of Alabama School of Law

Self-Defense Against Gun Suicide, Frederick E. Vars

Boston College Law Review

Around twenty-thousand Americans each year commit suicide using a gun. Many would survive if it were more difficult to obtain the gun. The proposal here is not for gun control, but self control. Specifically, this article proposes allowing individuals to confidentially put their names into the existing federal background check system to prevent or delay their own future firearm purchases. Empowering people to restrict their own access to guns has the potential to save many lives, is supported by other self-binding regimes, and poses no serious constitutional concerns.


Preventing Dangerous Mentally Ill Individuals From Obtaining And Retaining Guns: New York’S Safe Act, James B. Jacobs, Zoe Fuhr 2015 NYU School of Law

Preventing Dangerous Mentally Ill Individuals From Obtaining And Retaining Guns: New York’S Safe Act, James B. Jacobs, Zoe Fuhr

New York University Public Law and Legal Theory Working Papers

This article closely examines one facet of New York State's 2013 comprehensive gun control law that was passed in response to the massacre at Sandy Hook Elementary School in Newtown, Connecticut. Among other things, the "Safe Act" requires that medical care professionals report to the state the names of patients whom they believe likely to engage in conduct that would result in serious harm to self or others. Those who are reported are disqualified from owning or possessing a firearm for five years. If they have a firearms license, it will be revoked. If they have a firearm, it ...


Analyzing Second Amendment Challenges: Getting Strict With Judges, Lauren Dwarika 2015 Touro College Jacob D. Fuchsberg Law Center

Analyzing Second Amendment Challenges: Getting Strict With Judges, Lauren Dwarika

Touro Law Review

No abstract provided.


Let’S Not Forget: We Have A State Interest To Promote, Elias Arroyo 2015 Touro College Jacob D. Fuchsberg Law Center

Let’S Not Forget: We Have A State Interest To Promote, Elias Arroyo

Touro Law Review

No abstract provided.


Arming The Good Guys: School Zones And The Second Amendment, Grant Arnold 2015 Brigham Young University Law School

Arming The Good Guys: School Zones And The Second Amendment, Grant Arnold

Brigham Young University Education and Law Journal

No abstract provided.


The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan 2015 St. Mary's School of Law, Texas

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.


Is Widespread Gun Ownership Worth The Price Of More Violence?, John J. Donohue 2015 Stanford Law School

Is Widespread Gun Ownership Worth The Price Of More Violence?, John J. Donohue

John Donohue

No abstract provided.


Return Fire: An En Banc Hearing In Wollschlaeger V. Governor Of Florida Is Necessary To Protect The First Amendment Rights Of Physicians, Erika Manderscheid 2015 Boston College Law School

Return Fire: An En Banc Hearing In Wollschlaeger V. Governor Of Florida Is Necessary To Protect The First Amendment Rights Of Physicians, Erika Manderscheid

Boston College Law Review

In 2014, in Wollschlaeger v. Governor of Florida, the U.S. Court of Appeals for the Eleventh Circuit held that a Florida ban on physician speech about firearm ownership was a valid regulation of professional conduct. The court reasoned that because the speech took place within the physician-patient relationship it should be treated as professional conduct that may be regulated by the state and not subject to First Amendment scrutiny. This Comment argues that the Eleventh Circuit mischaracterized the speech as conduct and that an en banc hearing should be granted to reverse this decision to avoid a negative impact ...


The Comfort Of Home: Why Peruta V. County Of San Diego’S Extension Of Second Amendment Rights Goes Beyond The Scope Envisioned By The Supreme Court, Reed Harasimowicz 2015 Boston College Law School

The Comfort Of Home: Why Peruta V. County Of San Diego’S Extension Of Second Amendment Rights Goes Beyond The Scope Envisioned By The Supreme Court, Reed Harasimowicz

Boston College Law Review

On February 13, 2014, in Peruta v. County of San Diego, the U.S. Court of Appeals for the Ninth Circuit extended the scope of the Second Amendment to cover the public carry of handguns. Extending the scope of the Second Amendment caused the Ninth Circuit to apply the incorrect standard of scrutiny in analyzing the challenged gun regulation. This Comment argues that the Ninth Circuit’s overzealous extension of the scope of the Second Amendment is inconsistent with the U.S. Supreme Court’s decision in District of Columbia v. Heller, its own precedent in United States v. Chovan ...


The Second Amendment In The Twenty-First Century: What Hath Heller Wrought?, Patrick J. Charles 2015 College of William & Mary Law School

The Second Amendment In The Twenty-First Century: What Hath Heller Wrought?, Patrick J. Charles

William & Mary Bill of Rights Journal

No abstract provided.


Examining The Role Of Cultural Paradigm Shift On Originalist Interpretation: Implications On The Second Amendment, Arvin Alaigh 2015 College of William and Mary

Examining The Role Of Cultural Paradigm Shift On Originalist Interpretation: Implications On The Second Amendment, Arvin Alaigh

Honors Theses

The Second Amendment is traditionally understood within the bounds of originalism, a method of Constitutional interpretation that calls on founding-era history as a means of ascertaining original meanings of the Constitution. Both proponents and opponents of gun regulation appeal to this history as a means of justifying their respective viewpoints – the former assumes an ‘individual right’ reading of the Amendment, while the latter maintains a ‘collective right’ interpretation. In this project, I describe the origins of the Second Amendment and its original context, affirming Saul Cornell’s ‘civic right’ interpretation, against both the individual and collective rights interpretations. I illustrate ...


Statutory Restrictions On Concealed Carry: A Five-Circuit Shoot Out, Justine E. Johnson-Makuch 2015 Fordham University School of Law

Statutory Restrictions On Concealed Carry: A Five-Circuit Shoot Out, Justine E. Johnson-Makuch

Fordham Law Review

In District of Columbia v. Heller, the U.S. Supreme Court clarified a citizen’s core Second Amendment right to keep a firearm at home; however, the Court left open the question of how the Second Amendment applies beyond the home. Since Heller, lower courts have struggled to determine the constitutionality of concealed carry laws in light of this new understanding of the Second Amendment.

Many states have enacted laws that restrict a citizen’s ability to obtain a concealed carry permit, and some of the restrictions are not controversial, such as the requirements to be above a certain age ...


21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell 2015 Notre Dame Law School

21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell

Journal Articles

The world faces tough arms control challenges from preventing the development and use of weapons of mass destruction to regulating the new weapons of the computer revolution. This article considers what works in arms control. Using military force in violation of international law to destroy nuclear facilities, to stop weapons shipments, or to punish the use of prohibited weapons typically fails. Diplomacy paired with lawful counter-measures has the superior track record. Reviving the art of diplomacy and re-committing to authentic international law will pay dividends in peace and security.


Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel, David B Kopel 2015 Denver University, Sturm College of Law

Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel, David B Kopel

David B Kopel

Illinois Senator Lyman Trumbull is not well-known today, but he is one of the "Founding Sons" who transformed the nation and the Constitution before, during, and after the Civil War. He wrote the Thirteenth Amendment, the first Freedmen's Bureau Bill, and the Civil Rights Act. He sponsored the first federal statutes which actually freed slaves. As Chair of the Senate Judiciary Committee and later as a civil rights attorney, he did more to protect Second Amendment rights--including taking a test case to the U.S. Supreme Court (Presser v. Illinois)--than did any other lawyer or legislator in the ...


A Legal Analysis Of The University Of Maine’S Ban On Firearms Following District Of Columbia V. Heller, Abigail MacDonald 2015 University of Maine

A Legal Analysis Of The University Of Maine’S Ban On Firearms Following District Of Columbia V. Heller, Abigail Macdonald

The Cohen Journal

On April 16, 2007, the deadliest shooting by a single gunman took place on the college campus of Virginia Tech, taking the lives of 33 individuals (Johnson 2007). This event shook America, and yet the next year it was followed by six more shooting deaths at Northern Illinois University (Northern Illinois University 2008) and three more at Louisiana Technical College (BBC News 2008). Many universities around the country have responded to these events by either establishing firearm bans or strengthening and clinging to their existing policies, and the University of Maine is no exception (University of Maine 2004). Yet in ...


Carrying The Second Amendment Outside Of The Home: A Critique Of The Third Circuit's Decision In Drake V. Filko, Ryan Notarangelo 2015 The Catholic University of America, Columbus School of Law

Carrying The Second Amendment Outside Of The Home: A Critique Of The Third Circuit's Decision In Drake V. Filko, Ryan Notarangelo

Catholic University Law Review

In D.C. v. Heller, the Supreme Court of the United States held that the Second Amendment protects an individual’s inherent right to keep and bear arms for self-defense-most notably, inside the home. Post-Heller, the lower courts are split on the Second Amendment’s protections outside of the home. This Note addresses the Third Circuit’s opinion on that split. In Drake v. Filko, the Third Circuit addressed whether New Jersey’s concealed carry permit law, which requires an individual to demonstrate a “justifiable need” to carry a handgun outside of the home, violated the Second Amendment. The ...


Definitions, Religion, And Free Exercise Guarantees, Mark Strasser 2015 Capital University Law School

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue No. 8) (2015), Roger Williams University School of Law 2015 Roger Williams University

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue No. 8) (2015), Roger Williams University School Of Law

RWU Law

No abstract provided.


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