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266 full-text articles. Page 1 of 10.

Gun Control To Major Tom: An Analysis Of Failed Gun Regulations And The Terrorist Watchlist, Paolo G. Corso 2017 University of Massachusetts School of Law

Gun Control To Major Tom: An Analysis Of Failed Gun Regulations And The Terrorist Watchlist, Paolo G. Corso

University of Massachusetts Law Review

As a division of the Federal Bureau of Investigation’s National Security Branch, the Terrorist Screening Center maintains the Terrorist Watchlist, a central database for identifying individuals known or suspected to engage in terrorism or terrorist activities. Subsumed under the Terrorist Watchlist is the No Fly List, which prohibits individuals from boarding commercial aircrafts in and out of the United States. Placement on either list presumes named individuals as a potential threat to U.S. national security, yet there is no restriction preventing them from legally purchasing firearms. Following a mass shooting at an Orlando nightclub in June of 2016 ...


Gun Control Through Tort Law, Richard C. Ausness 2017 University of Kentucky College of Law

Gun Control Through Tort Law, Richard C. Ausness

Richard C. Ausness

I have been asked to respond to an article by Professor Andrew Jay McClurg that recently appeared in the Florida Law Review. In this article, the author, a longtime advocate of firearms regulation, argues that owners and commercial sellers of firearms who negligently fail to secure them against theft should be held liable when persons are killed or injured by firearms used in the commission of a crime.

In the past, believing that existing federal and state laws were inadequate to halt the spread of gun-related deaths and injuries, proponents of stricter gun control measures proposed a number of tort ...


The Second Amendment And Gun Control, Erwin Chemerinsky 2017 Selected Works

The Second Amendment And Gun Control, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


“Time Enough” For Scrutiny: The Second Amendment, Mental Health, And The Case For Intermediate Scrutiny, Benjamin A. Ellis 2017 College of William & Mary Law School

“Time Enough” For Scrutiny: The Second Amendment, Mental Health, And The Case For Intermediate Scrutiny, Benjamin A. Ellis

William & Mary Bill of Rights Journal

No abstract provided.


Fitting A Gun In A Circle–A How-To Guide: A Comprehensive Look At The Standard Of Review For Gun Regulations Under The Second Amendment, Beth Coplowitz 2017 University of Miami Law School

Fitting A Gun In A Circle–A How-To Guide: A Comprehensive Look At The Standard Of Review For Gun Regulations Under The Second Amendment, Beth Coplowitz

University of Miami Law Review

In District of Columbia v. Heller, the Supreme Court’s landmark Second Amendment case, the Court held that the right to bear arms is an individual right aimed at self-defense in the home. Two years later, McDonald v. City of Chicago extended this right to the states through the Fourteenth Amendment. However, lower courts were left with little guidance on what level of scrutiny to apply to gun regulations. As a result, courts have applied various levels of scrutiny including intermediate scrutiny, strict scrutiny, a two-step inquiry that leads to either intermediate or strict scrutiny, and an undue burden standard ...


The “True Man” And His Gun: On The Masculine Mystique Of Second Amendment Jurisprudence, C. D. Christensen 2017 College of William & Mary Law School

The “True Man” And His Gun: On The Masculine Mystique Of Second Amendment Jurisprudence, C. D. Christensen

William & Mary Journal of Women and the Law

The Supreme Court’s recent Second Amendment jurisprudence raises serious normative questions for the use of self-defense with a firearm. This jurisprudence also implicates our prevailing social norms with respect to socially constructed and structurally pervasive gender roles. I argue that a peculiarly American conception of masculinity underpins the judicial construction of the Second Amendment’s core purpose as guaranteeing the right to armed defense of one’s self and one’s home. The Court’s recent Second Amendment rulings create an individual protection for gun ownership and incorporate the same against the States. But the Court’s reasoning entangles ...


Kolbe V. Hogan: Hewing To Heller And Taking Aim At A Standard Of Strict Scrutiny For Comprehensive Firearms Legislation, Brett S. Turlington 2017 University of Maryland Francis King Carey School of Law

Kolbe V. Hogan: Hewing To Heller And Taking Aim At A Standard Of Strict Scrutiny For Comprehensive Firearms Legislation, Brett S. Turlington

Maryland Law Review

No abstract provided.


Too Little Space: Does A Zoning Regulation Violate The Second Amendment?, Jordan Lamson 2017 Boston College Law School

Too Little Space: Does A Zoning Regulation Violate The Second Amendment?, Jordan Lamson

Boston College Law Review

On May 16, 2016, in Teixeira v. County of Alameda, the U.S. Court of Appeals for the Ninth Circuit held that a zoning ordinance was not presumptively lawful under the Second Amendment. The court utilized the two-step analysis derived from the U.S. Supreme Court’s 2008 decision in District of Columbia v. Heller to examine the constitutionality of the ordinance. The court remanded the case and recommended that the district court apply a heighted level of scrutiny—potentially even strict scrutiny. On December 27, 2016, the Ninth Circuit ordered an en banc rehearing. This Comment argues that on ...


Peruta V. County Of San Diego: An Individual Right To Self-Defense Outside The Home And The Application Of Strict Scrutiny To Second Amendment Challenges, Kevin Ballard 2017 Golden Gate University School of Law

Peruta V. County Of San Diego: An Individual Right To Self-Defense Outside The Home And The Application Of Strict Scrutiny To Second Amendment Challenges, Kevin Ballard

Golden Gate University Law Review

This Note will begin by examining the majority’s analysis in Heller. The Heller case, through historical interpretation, analyzed the language of the Second Amendment and settled a long-held dispute about the meaning of its actual language. This same historical analysis was also significant in the Supreme Court’s examination of McDonald, which affirmatively applied the Second Amendment to the States. Peruta used the same methodology as Heller and McDonald.

Next, this Note will argue that, based on the historical analysis in Heller, McDonald, and Peruta, courts addressing the Second Amendment should apply strict scrutiny review to the legal challenges ...


Introducing Sts Scholarship To The Gun Policy Debate In United States Society, Caroline Skinner 2017 Scripps College

Introducing Sts Scholarship To The Gun Policy Debate In United States Society, Caroline Skinner

Scripps Senior Theses

The following thesis will merge the field of legal studies with the field

of Science, Technology, and Society, and will focus on issues surrounding the

gun control debate. The goal is to ultimately bring new light to this hot-

button legal topic through the use of STS scholarship. STS tools and theories,

which have previously been absent from most gun control discussions, have

much to contribute to the discourse in terms of motivating the need for gun

control, fully understanding the user-gun relationship, breaking down

misconceptions about the technology and its role in society, and further

understanding the complex societal ...


Gun Control Through Tort Law, Richard C. Ausness 2017 University of Kentucky College of Law

Gun Control Through Tort Law, Richard C. Ausness

Law Faculty Scholarly Articles

I have been asked to respond to an article by Professor Andrew Jay McClurg that recently appeared in the Florida Law Review. In this article, the author, a longtime advocate of firearms regulation, argues that owners and commercial sellers of firearms who negligently fail to secure them against theft should be held liable when persons are killed or injured by firearms used in the commission of a crime.

In the past, believing that existing federal and state laws were inadequate to halt the spread of gun-related deaths and injuries, proponents of stricter gun control measures proposed a number of tort ...


Disarming State Action; Discharging State Responsibility, Zanita E. Fenton 2017 University of Miami School of Law

Disarming State Action; Discharging State Responsibility, Zanita E. Fenton

Articles

No abstract provided.


Fear And Firearms, Darrell A. H. Miller 2017 Duke Law School

Fear And Firearms, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Gun Rights And The New Lochnerism, Areto A. Imoukhuede 2016 Nova Southeastern University - Shepard Broad Law Center

Gun Rights And The New Lochnerism, Areto A. Imoukhuede

Areto A Imoukhuede

This article examines the Supreme Court’s recent Second Amendment cases as applications of the same libertarian bias that has undermined constitutional law’s fundamental rights doctrine.  The concept of a libertarian bias that is based in a New Lochnerism was previously introduced in both the The Fifth Freedom and The New Due Process.   


Undocumented Immigrants Caught In The Crossfire: Resolving The Circuit Split On “The People” And The Applicable Level Of Scrutiny For Second Amendment Challenges, Maria Stracqualursi 2016 Boston College Law School

Undocumented Immigrants Caught In The Crossfire: Resolving The Circuit Split On “The People” And The Applicable Level Of Scrutiny For Second Amendment Challenges, Maria Stracqualursi

Boston College Law Review

The circuits are currently split as to whether undocumented immigrants are entitled to Second Amendment rights. In 2015, the U.S. Court of Appeals for the Seventh Circuit in U.S. v. Meza-Rodriguez became the first circuit to explicitly hold that undocumented immigrants are part of “the people” referred to in the U.S. Constitution. This case added to the recent explosion in Second Amendment jurisprudence, in which courts have toiled with the scope of the right and what level of scrutiny to apply to constitutional challenges. This Note argues that the U.S. Supreme Court erred in failing to ...


Newsroom: Time: Bogus On Second Amendment 09/28/2016, Arica L. Coleman, Roger Williams University School of Law 2016 TIME Magazine

Newsroom: Time: Bogus On Second Amendment 09/28/2016, Arica L. Coleman, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Guns And Alienage: Correcting A Dangerous Contradiction, D. McNair Nichols Jr. 2016 Washington and Lee University School of Law

Guns And Alienage: Correcting A Dangerous Contradiction, D. Mcnair Nichols Jr.

Washington and Lee Law Review

No abstract provided.


21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell 2016 Notre Dame Law School

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

Mary Ellen O'Connell

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.


Withdrawing A License To Kill: Why American Law Should Jettison “Stand Your Ground” And Adopt The English Approach To Retreat, Franklin Stockdale 2016 Boston College Law School

Withdrawing A License To Kill: Why American Law Should Jettison “Stand Your Ground” And Adopt The English Approach To Retreat, Franklin Stockdale

Boston College International and Comparative Law Review

The justification of self-defense generally allows the use of a reasonable amount of force when a victim of an attack has a reasonable belief that the use of force is necessary in order to prevent an imminent harm. For centuries, the justification of self-defense included a duty of the victim—or defendant—to retreat before resorting to force. Today in the United States, this duty has been eliminated entirely in many jurisdictions. In England, however, the duty has not been done away with but has, instead, been incorporated into the reasonableness aspect of self-defense, which evaluates whether the amount of ...


Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky 2016 Roger Williams University School of Law

Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky

Law School Blogs

No abstract provided.


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