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All Articles in Second Amendment

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Our Non-Originalist Right To Bear Arms, Robert Leider 2014 Maurer School of Law: Indiana University

Our Non-Originalist Right To Bear Arms, Robert Leider

Indiana Law Journal

District of Columbia v. Heller was a landmark, if controversial, opinion. Discussion has centered on the merits of its self-described originalist approach. Supporters praise its efforts to return to a more originalist and textualist approach to constitutional questions, whereas critics challenge the accuracy of Heller’s historical claims and criticize its departure from precedent.

This Article challenges much of the conventional wisdom about Heller, its use of originalism, and its relationship to nineteenth- and twentieth-century case law. This Article argues that, despite much of its rhetoric, Heller actually exemplified popular constitutionalism—not originalism—in the way it approached the most ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2014 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, Katherine L. Record, Lawrence O. Gostin 2014 University of Michigan Law School

What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, Katherine L. Record, Lawrence O. Gostin

University of Michigan Journal of Law Reform

The assertion that access to firearms makes us safe, rather than increases the likelihood that oneself or a family member will die, is contradicted by a large body of evidence. Gunshots kill more than 30,000 Americans each year. Homicide accounts for approximately one-third of these deaths, with the remainder involving suicides and accidental gun discharges. In fact, firearms put us at greater risk of death than participating in war; in four months, as many Americans were shot dead in the United States as have died fighting in Iraq for an entire decade. Given these grim statistics, it would be ...


Background On Hjr 1026--Amending The Oklahoma Constitution's Right To Keep And Bear Arms, March 11, Michael P. O'Shea 2014 Oklahoma City University

Background On Hjr 1026--Amending The Oklahoma Constitution's Right To Keep And Bear Arms, March 11, Michael P. O'Shea

Michael P. O'Shea

No abstract provided.


Are Some Rights Wrong?, Megan A. Fenrich '16 2014 Gettysburg College

Are Some Rights Wrong?, Megan A. Fenrich '16

SURGE

“When the time came, I did it. I had to.” – Seung-Hui Cho

Even though it’s been more than six years since April 16, 2007, I still find myself watching the YouTube videos and glimpsing the pictures my parents tried so hard to conceal me from. Words dripping with hatred, guns and other weapons pointed at the viewer. I can understand why my parents didn't want a seventh grader to view these. [excerpt]


Book Review: "Supremely Simple" (Reviewing Professor Eric J. Segall's "Supreme Myths: Why The Supreme Court Is Not A Court And Its Justices Are Not Judges"), Calvin J. TerBeek 2014 SelectedWorks

Book Review: "Supremely Simple" (Reviewing Professor Eric J. Segall's "Supreme Myths: Why The Supreme Court Is Not A Court And Its Justices Are Not Judges"), Calvin J. Terbeek

Calvin J TerBeek

Professor Eric Segall wants to make the Supreme Court a much more boring institution. All those highly-charged, 5-4, end of term decisions concerning the hot-button culture war issues? Gone. Segall’s thesis is straightforward: “unless the constitutional text or undisputed history behind that text forecloses a governmental decision, the Court should defer to the elected branches and the states” (p. 168). This is because, according to Segall, the Supreme Court is not a real court and the Justices do not act like real judges. However, Segall's blinkered view of the Court shows that he is more than an attitudinalist ...


Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta 2014 The Catholic University of America, Columbus School of Law

Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta

Catholic University Law Review

No abstract provided.


Woollard V. Gallagher: Normalizing The Fourth Circuit’S Approach To Second Amendment Challenges, William Young Jr. 2014 University of Maryland Francis King Carey School of Law

Woollard V. Gallagher: Normalizing The Fourth Circuit’S Approach To Second Amendment Challenges, William Young Jr.

Endnotes

No abstract provided.


Second Amendment Decision Rules, Non-Lethal Weapons, And Self-Defense, A.J. Peterman 2014 Marquette University Law School

Second Amendment Decision Rules, Non-Lethal Weapons, And Self-Defense, A.J. Peterman

Marquette Law Review

General public debate about the Second Amendment has focused almost exclusively on the regulation of firearms. After Heller and McDonald, the scope of the Second Amendment’s protection has been hotly contested. One area of the Second Amendment that has been less discussed is the decisional rules that would govern non-firearms and levels of protection based on location. This Comment proposes two Second Amendment Constitutional decisional rules. Broadly, this Comment suggests that the “common use” test for “arms” should be modified for the development of new arms, such as non-lethal weapons, that are subject to the Second Amendment. The proposed ...


Peruta, The Home-Bound Second Amendment, And Fractal Originalism, Darrell A. H. Miller 2014 Duke Law

Peruta, The Home-Bound Second Amendment, And Fractal Originalism, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Good Cause Requirements For Carrying Guns In Public, Joseph Blocher 2014 Duke Law

Good Cause Requirements For Carrying Guns In Public, Joseph Blocher

Faculty Scholarship

No abstract provided.


A Tale Of Two Rights, Robin West 2014 Georgetown University Law Center

A Tale Of Two Rights, Robin West

Georgetown Law Faculty Publications and Other Works

In part I of this article the author identifies and criticizes a cluster of constitutional rights, which she argues does tremendous and generally unreckoned harm to civil society, and does so for reasons poorly articulated in earlier critiques. At the heart of the new paradigm of constitutional rights that the author believes these rights exemplify is a “right to exit.” On this conception of individual rights, a constitutional right is a right to “opt out” of some central public or civic project. This understanding of what it means to have a constitutional right hit the scene a good two decades ...


The Doctor Will See You Now: An Argument For Amending The Licensing Process For Handguns In New York City, Alexander C. DePalo 2013 Touro College Jacob D. Fuchsberg Law Center

The Doctor Will See You Now: An Argument For Amending The Licensing Process For Handguns In New York City, Alexander C. Depalo

Touro Law Review

No abstract provided.


The Second Amendment: A Reasonable Interpretation In The 21st Century, Kaleb D. Wingate 2013 SelectedWorks

The Second Amendment: A Reasonable Interpretation In The 21st Century, Kaleb D. Wingate

Kaleb D Wingate

The interpretation of the Second Amendment has been the subject of increased litigation throughout the last several years. Challenges to the Second Amendment and related legislation tend to create polarized responses from various political organizations. These responses, commonly in the form of votes in our legislative branch, impede the progress of reasonable measures to reduce instances of violence across the country. Addressing gun violence in our country must be a goal which exceeds the interest of any political affiliate or lobby. This article suggests reasonable measures our government can take to address the growing problems with gun violence in the ...


Knives And The Second Amendment, David B. Kopel, Clayton E. Cramer, Joseph Edward Olson 2013 University of Michigan Law School

Knives And The Second Amendment, David B. Kopel, Clayton E. Cramer, Joseph Edward Olson

University of Michigan Journal of Law Reform

This Article is the first scholarly analysis of knives and the Second Amendment. Under the Supreme Court’s standard in District of Columbia v. Heller, knives are Second Amendment “arms” because they are “typically possessed by law-abiding citizens for lawful purposes,” including self-defense. There is no knife that is more dangerous than a modern handgun; to the contrary, knives are much less dangerous. Therefore, restrictions on carrying handguns set the upper limit for restrictions on carrying knives. Prohibitions on carrying knives in general, or of particular knives, are unconstitutional. For example, bans of knives that open in a convenient way ...


The Dormant Second Amendment: Exploring The Rise, Fall, And Potential Resurrection Of Independent State Militias, Michael J. Golden 2013 College of William & Mary Law School

The Dormant Second Amendment: Exploring The Rise, Fall, And Potential Resurrection Of Independent State Militias, Michael J. Golden

William & Mary Bill of Rights Journal

The term “militia” is polarizing, misunderstood, misapplied, and generally difficult for modern Americans to digest. That is not surprising, given the depth and breadth of American militia history and militias’ substantial evolution over four centuries.

Historically, militia simply refers to a broad-based civic duty to protect one’s fellow citizens from internal and external dangers and is not limited to activities involving firearms. Reestablishing militia’s true meaning and purpose—and reinvigorating independent state militias in the United States to effect that purpose—has the potential to address states’ emerging financial and security gaps and to produce multiple other significant ...


A Snowball's Chance In Heller: Why Decastro's Substantial Burden Standard Is Unlikely To Survive, Andrew Peace 2013 Boston College Law School

A Snowball's Chance In Heller: Why Decastro's Substantial Burden Standard Is Unlikely To Survive, Andrew Peace

Boston College Law Review

On June 1, 2012, the U.S. Court of Appeals for the Second Circuit in United States v. Decastro analyzed a Second Amendment challenge to a firearm regulation using a substantial burden standard. In so doing, the Second Circuit ignored much of the Supreme Court’s guidance in its 2008 decision in District of Columbia v. Heller. This Comment argues that the Decastro substantial burden standard offers insufficient protection for Second Amendment rights, and is therefore unlikely to survive.


Guns, Violence, And Schools: Policies To Prevent And Respond To School Shootings, Mark A. Velez 2013 SelectedWorks

Guns, Violence, And Schools: Policies To Prevent And Respond To School Shootings, Mark A. Velez

Mark A. Velez

The United States continues to deal with school shootings. The most recent massacre occurred in 2012 at the Sandy Hook Elementary School in Newtown, Connecticut. Several strategies have been used to try and prevent such tragedies from happening. These strategies have included tough gun laws, gun-free school zones, and updating school policies and infrastructure. However, despite these, and other, strategies, school shootings continue to occur. Unfortunately, when a school shooting occurs, school personnel and children are left helpless until the police arrive or the shooter decides to end the rampage. During this time many lives may be lost. Therefore, it ...


The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman 2013 Touro College Jacob D. Fuchsberg Law Center

The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman

Touro Law Review

No abstract provided.


The Second Amendment And Gun Control, Erwin Chemerinsky 2013 Touro College Jacob D. Fuchsberg Law Center

The Second Amendment And Gun Control, Erwin Chemerinsky

Touro Law Review

No abstract provided.


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