Law Commons^™

Second Amendment Challenges To Student Housing Firearms Bans: The Strength Of The Home Analogy, Michael L. Smith

Faculty Articles

Public colleges and universities or state governments often ban the possession of firearms on public university or college property. These bans typically extend to student housing. While much has been written about campus bans on the carrying of concealed firearms, the topic of gun bans in the student housing context has been largely unaddressed in Second Amendment literature. This Comment seeks to fill that gap by evaluating potential student challenges to firearms bans in the student housing context in light of potential standards of review courts may apply and in light of the U.S. Supreme Court's decisions in District of …

The Rise And Fall Of Duress (Or How Duress Changed Necessity Before Being Excluded By Self-Defence), Steve Coughlan

Articles, Book Chapters, & Popular Press

The Supreme Court of Canada decision in R. v. Ryan significantly reshaped both the common law and statutory defenses of duress, harmonizing them and, in the case of the common law defense, fully articulating it for the first time. The decision is admirable for that reason. This paper argues that two further results can also be seen. First, the defense of necessity is a common law one which is conceptually similar to duress. The Court's reasoning at a policy level about duress ought therefore to be applicable to necessity: this paper traces the ways in which that latter defense ought …

The Mens Rea Of The Crime Of Aggression, Noah Weisbord

Faculty Publications

This article, written in commemoration of the tenth anniversary of the International Criminal Court (ICC), explores the mens rea of the crime of aggression. The definition and jurisdictional conditions of the crime of aggression was recently incorporated into the ICC’s Rome Statute, thereby reviving a crime used during the Nuremberg trials to prosecute Nazi leaders after World War II. Mens rea is an important, even central, consideration when judging whether a defendant has satisfied all of the elements of the crime of aggression.

The starting point for this exploration of the mens rea of the crime of aggression is its …

Comment On Justification And Excuse, Jerome Hall

Articles by Maurer Faculty

No abstract provided.