Second Amendment Sanctuaries, 2020 Northwestern Pritzker School of Law
Second Amendment Sanctuaries, Shawn E. Fields
Northwestern University Law Review
The term “sanctuary” has long expressed a sympathy for immigrants’ rights and resistance to federal immigration enforcement. Recently, the word has become associated with another divisive political topic, as local governments have begun declaring themselves “Second Amendment Sanctuaries” in defiance of statewide gun-control measures they deem unconstitutional. This gun-rights resistance movement not only flips the political script on the nature of sanctuaries, but also presents important and challenging questions about local–state power sharing, the proper scope of “subfederal commandeering,” and the role of coordinate branches in constitutional decision-making. This Article provides the first scholarly treatment of Second Amendment Sanctuaries. In …
The Gun Subsidy, 2020 University of Georgia School of Law
The Gun Subsidy, Christian Turner, Justin C. Van Orsdol
Buffalo Law Review
No abstract provided.
Table Of Contents, 2020 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Corpus Linguistics And Gun Control: Why Heller Is Wrong, 2020 Brigham Young University Law School
Corpus Linguistics And Gun Control: Why Heller Is Wrong, Kyra Babcock Woods
BYU Law Review
No abstract provided.
The Gun Subsidy, 2020 University of Georgia School of Law
The Gun Subsidy, Christian Turner, Justin Van Orsdol
Scholarly Works
Despite thousands of gun deaths annually, the United States has failed to reach consensus on any means of addressing the public health crisis that is gun violence. The issue has become politically polarized, constitutionalized, and an object of pessimism and despair. We propose a regulatory system in which gun manufacturers would be strictly liable to a federal fund for deaths caused by their guns, paired with a subsidy that will serve to ensure the availability of guns sufficient to meet the rights the Supreme Court has found in the Second Amendment. While strict liability of this kind can indeed serve …
Ethical Issues With Lawyers Openly Carrying Firearms, 2020 South Texas College of Law
Ethical Issues With Lawyers Openly Carrying Firearms, Dru Stevenson
St. Mary's Journal on Legal Malpractice & Ethics
Ethical concerns arise when lawyers openly carry firearms to adversarial meetings related to representation, such as depositions and settlement negotiations. Visible firearms introduce an element of intimidation, or at least the potential for misunderstandings and escalation of conflicts. The adverse effects of openly carried firearms can impact opposing parties, opposing counsel, the lawyer’s potential clients, witnesses, and even judges and jurors encountered outside the courtroom. The ABA’s Model Rules of Professional Conduct in their current form include provisions that could be applicable, such as rules against coercion and intimidation, but there is no explicit reference to firearms. Several reported incidents …
Assault On The Constitution: Why The Southern District Of California Got It Right, 2020 Georgia State University College of Law
Assault On The Constitution: Why The Southern District Of California Got It Right, Robert F. Brawner Ii
Georgia State University Law Review
This Note will examine and analyze the tests applied by federal courts that have heard similar cases, culminating with the recent decision in the Southern District of California, Duncan v. Becerra. In Part I, this Note provides the context surrounding the current bill being considered by Congress and examines Supreme Court and federal circuit court cases addressing this issue. Part II provides analysis of application of the tests applied by the federal courts. Part III argues that the Supreme Court should adopt Judge Benitez’s reasoning laid out in Duncan and apply his test to any Second Amendment challenge to …
Held Accountable: Should Gun Manufacturers Be Held Liable For The Criminal Use Of Their Products, 2020 Pepperdine University
Held Accountable: Should Gun Manufacturers Be Held Liable For The Criminal Use Of Their Products, Benjamin Caryan
The Journal of Business, Entrepreneurship & the Law
This comment starts with a review of the most stringent laws currently enacted. After going over what is enacted, it will discuss the reasons given as to why gun manufacturers should be held liable and under what theories, including tort liability and public nuisance theories. Next, it will cover novel approaches to the strict liability, including arguments like negligent distribution, entrustment, and marketing. It will discuss similarities between the tobacco, automobile, and alcohol industry with the firearms industry. It will then go over how the recent push for gun legislation affected the sale and purchase of firearms. Lastly, to summarize, …
A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, 2020 College of the Holy Cross
A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone
College Honors Program
This thesis centers on the interrelationships and differences in firearm legislation and culture within the United States of America and Australia. As a result of the Port Arthur Massacre on April 28, 1996, Australia was faced with an unprecedented mass shooting that completely shifted Australian politics and culture regarding firearm safety and availability. Thus, the thesis inquiries into the effectiveness of Australia’s buyback program as well as the cultural and political factors that allowed for such legislation to be passed. After suffering 118 mass shootings in the U.S. since 1982, the history of the United States regarding gun control is …
Constitutional Conflict And Sensitive Places, 2020 William & Mary Law School
Constitutional Conflict And Sensitive Places, Darrell A. H. Miller
William & Mary Bill of Rights Journal
No abstract provided.
Political And Non-Political Speech And Guns, 2020 William & Mary Law School
Political And Non-Political Speech And Guns, Gregory P. Magarian
William & Mary Bill of Rights Journal
No abstract provided.
Doctrinal Dynamism, Borrowing, And The Relationship Between Rules And Rights, 2020 William & Mary Law School
Doctrinal Dynamism, Borrowing, And The Relationship Between Rules And Rights, Joseph Blocher, Luke Morgan
William & Mary Bill of Rights Journal
The study of “Rights Dynamism,” exemplified in Timothy Zick’s new book on the First Amendment’s relationship with the rest of the Bill of Rights, can enrich our understanding of constitutional rights. It also opens a door to another potentially fruitful arena: what we call “Doctrinal Dynamism.” Constitutional rights often interact and generate new meanings and applications by way of importing and exporting one another’s doctrinal rules, even when the rights themselves do not intersect directly in the context of a single case. Focusing on these doctrinal exchanges can illuminate the strengths and weaknesses of various rules, the specific interests underlying …
Young V. Hawaii: A Dangerous Precedent, 2020 Loyola Marymount University and Loyola Law School
Young V. Hawaii: A Dangerous Precedent, Michael Jimenez
Loyola of Los Angeles Law Review
No abstract provided.
Working To Prevent Gun Violence In The United States: The Role Of Policy & Advocacy, 2020 Dominican University of California
Working To Prevent Gun Violence In The United States: The Role Of Policy & Advocacy, Allison Popovits
Political Science & International Studies | Senior Theses
There are several laws in place regarding the legal purchase and possession of firearms in the United States (Giffords Law Center, 2020). There are also laws regarding the prohibited purchase and possession of firearms (Giffords Law Center, 2020). Yet, prohibited persons purchase and possess firearms regularly (Giffords Law Center, 2020). This happens because there are loopholes in the law (Brady United, 2020). For example, federal law requires background checks for gun purchases from licensed firearm dealers, but not at gun shows where sellers may not be licensed. This means that a felon (prohibited purchaser and possessor) buying a gun from …
State V. Brown: How Limited A Right To Keep And Bear Arms?, 2020 University of Maine School of Law
State V. Brown: How Limited A Right To Keep And Bear Arms?, June A. Jackson
Maine Law Review
Most state constitutions contain a clause guaranteeing a right to keep and bear arms. With gun control legislation on the rise, these state constitutional guarantees have come under increasing scrutiny. In State v. Brown defendant Edward Brown, a convicted felon, challenged the Maine statute that forbade him to possess firearms on the ground that it violated his state constitutional right to bear arms. Similar statutes around the country limit the right to bear arms in various ways. Case law has tended to uphold these limitations and to establish that the right to bear arms is a limited right at best. …
Shooting America Straight: Why The Time Is Now For The Supreme Court To Fortify Gun Rights In America Post-Heller, 2020 Texas A&M University School of Law (Student)
Shooting America Straight: Why The Time Is Now For The Supreme Court To Fortify Gun Rights In America Post-Heller, Garrett Cleveland
Texas A&M Law Review
Since the landmark cases of District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010, the Supreme Court has declined to hear any of the many current cases that present an opportunity to address the Second Amendment. As a result, the lower courts have largely eroded firearm rights in many regions of the United States. It is thus imperative that the Supreme Court grant certiorari to a Second Amendment-related case to clarify certain aspects of Heller, or the lower courts will continue to treat the Second Amendment as a disfavored right. Essentially, the lower courts …
On Target? Assessing Gun Sanctuary Ordinances That Conflict With State Law, 2020 Southern Illinois University School of Law
On Target? Assessing Gun Sanctuary Ordinances That Conflict With State Law, Sheila Simon
West Virginia Law Review
No abstract provided.
Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, 2020 St. Mary's University
Strict Liability Upon Gunowners (Slug): A Proposed Balanced Approach, David Louis
St. Mary's Law Journal
Careless or apathetic gunowners, whose lost or stolen firearms are used in the commission of a violent crime, should be held strictly liable. Current tort law leaves victims of gun violence and their families without a mode of redress against an irresponsible gun owner whose actions played a pivotal role in the victim’s ultimate injury. Without effective liability principles to regulate gun ownership, gunowners are provided de facto immunity regardless of whether the harm suffered by the victim is intertwined with the gunowners careless behavior. This comment examines the efficacy of existing tort liability principles as provided in the Restatement …
"Assault Weapon" Lethality, 2020 Campbell University School of Law
The Arms Dealer Who Cries, :“First Amendment”, 2020 Touro Law Center
The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante
Touro Law Review
No abstract provided.