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159 full-text articles. Page 1 of 5.

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.


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.


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 ...


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 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.


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 ...


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 ...


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 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

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 ...


The Posse Comitatus And The Office Of Sheriff: Armed Citizens Summoned To The Aid Of Law Enforcement, David B. Kopel 2015 Denver University, Sturm College of Law

The Posse Comitatus And The Office Of Sheriff: Armed Citizens Summoned To The Aid Of Law Enforcement, David B. Kopel

David B Kopel

Posse comitatus is the legal power of sheriffs and other officials to summon armed citizens to aid in keeping the peace. The posse comitatus can be traced back as least as far as the reign of Alfred the Great in ninth century England. The institution thrives today in the United States; a study of Colorado finds many county sheriffs have active posses. Like the law of the posse comitatus, the law of the office of sheriff has been remarkably stable for over a millennium. This Article presents the history and law of the posse comitatus and the office of sheriff ...


The History Of Firearm Magazines And Magazine Prohibitions, David B. Kopel 2015 Denver University, Sturm College of Law

The History Of Firearm Magazines And Magazine Prohibitions, David B. Kopel

David B Kopel

In recent years, the prohibition of firearms magazines has become an important topic of law and policy debate. This Article details the history of magazines and of magazine prohibition.

Because ten rounds is an oft-proposed figure for magazine bans, Part I of the Article provides the story of such magazines from the earliest sixteenth century onward. Although some people think that multi-shot guns did not appear until Samuel Colt invented the revolver in the 1830s, multi-shot guns predate Col. Colt by over two centuries.

Especially because the Supreme Court’s decision in District of Columbia v. Heller considers whether arms ...


Disarming The Dangerous: Preventing Extraordinary And Ordinary Violence, M. Fan 2015 University of Washington School of Law

Disarming The Dangerous: Preventing Extraordinary And Ordinary Violence, M. Fan

Indiana Law Journal

Mass shootings at Navy Yard, Newtown, Aurora, and elsewhere have jolted Congress and the states into considering gun violence prevention. More than 1500 gun-related bills have been introduced since 2013, after the slaughter in Newtown of twenty elementary-school children and six adults. Legislation and debates are shaped by the specter of a heavily armed, mentally ill individual hunting in public places such as schools, businesses, and workplaces. In the states, the most successful type of legislation involves firearms restrictions for the mentally ill. In Congress, the legislation that garnered the most debate was a ban on assault weapons and large-capacity ...


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.


New Approaches To Old Questions In Gun Scholarship, Joseph Blocher 2015 Duke Law School

New Approaches To Old Questions In Gun Scholarship, Joseph Blocher

Faculty Scholarship

No abstract provided.


The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez 2014 Touro College Jacob D. Fuchsberg Law Center

The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez

Touro Law Review

No abstract provided.


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