Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- SelectedWorks (8)
- Northwestern Pritzker School of Law (3)
- Selected Works (3)
- Touro University Jacob D. Fuchsberg Law Center (2)
- Boston University School of Law (1)
-
- Cleveland State University (1)
- Fordham Law School (1)
- Marshall University (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- Roger Williams University (1)
- Southern Methodist University (1)
- University of Michigan Law School (1)
- University of South Carolina (1)
- University of Texas Rio Grande Valley (1)
- University of Washington School of Law (1)
- Washington University in St. Louis (1)
- Washington and Lee University School of Law (1)
- Wayne State University (1)
- Publication Year
- Publication
-
- David B Kopel (3)
- Mark A. Velez (2)
- Northwestern University Law Review (2)
- Touro Law Review (2)
- Angela Crews (1)
-
- Articles (1)
- Cleveland State Law Review (1)
- Criminal Justice Faculty Publications and Presentations (1)
- Criminal Justice Faculty Research (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Scholarship (1)
- Fordham Urban Law Journal (1)
- Gordon A Crews (1)
- Indiana Law Journal (1)
- JCLC Online (1)
- Jason E Niehaus (1)
- Journal Articles (1)
- Law Faculty Research Publications (1)
- Law School Blogs (1)
- Matthew Jordan Cochran (1)
- O. Carter Snead (1)
- Powell Writings (1)
- Scholarship@WashULaw (1)
- South Carolina Law Review (1)
- Trevor J Calligan (1)
- Washington Law Review (1)
- Publication Type
Articles 1 - 30 of 31
Full-Text Articles in Law
The Politics Of Possession And Gun Violence: The Bruen Decision's Impact On Firearm Regulation, Jacob Butler
The Politics Of Possession And Gun Violence: The Bruen Decision's Impact On Firearm Regulation, Jacob Butler
JCLC Online
States struggle to implement new firearms policies because they are
limited by two major forces: the political feasibility of passing new firearms
legislation and an increasingly broad and individualized Second Amendment
right. Due to this conflict, states continually return to one of few
constitutional yet politically popular methods of gun control: enacting
possession-based firearms laws. These laws are largely ineffective at
reducing gun violence.
In the 2022 Supreme Court decision New York Rifle and Pistol
Association v. Bruen, the Court further expanded the scope of the Second
Amendment to protect the individual’s right to bear arms outside of the …
Salvaging Federal Domestic Violence Gun Regulations In Bruen’S Wake, Bonnie Carlson
Salvaging Federal Domestic Violence Gun Regulations In Bruen’S Wake, Bonnie Carlson
Washington Law Review
Congress passed two life-saving laws in the mid-1990s: a protection order prohibition, which bars firearm possession for protection order respondents, and the Lautenberg Amendment, which bars firearm possession for those convicted of misdemeanor crimes of domestic violence. Both laws have been repeatedly upheld by federal courts nationwide in the nearly thirty years since their enactment. Both faced renewed constitutional challenges after the United States Supreme Court’s foundation-shifting decision in New York State Rifle & Pistol Ass’n v. Bruen on June 23, 2022. The Lautenberg Amendment has fared well; every court to consider it post-Bruen has upheld it. Courts have …
Limiting Access To Remedies: Select Criminal Law And Procedure Cases From The Supreme Court's 2021-22 Term, Eve Brensike Primus, Justin Hill
Limiting Access To Remedies: Select Criminal Law And Procedure Cases From The Supreme Court's 2021-22 Term, Eve Brensike Primus, Justin Hill
Articles
Although the most memorable cases from the Supreme Court’s 2021-22 Term were on the civil side of its docket, the Court addressed significant cases on the criminal side involving the Confrontation Clause, capital punishment, double jeopardy, criminal jurisdiction in Indian Country, and important statutory interpretation principles, such as the mens rea presumption and the scope of the rule of lenity. Looking back, the Court’s decisions limiting individuals’ access to remedies for violations of their constitutional criminal procedure rights stand out. Shinn v. Ramirez and Shoop v. Twyford drastically limit the ability of persons incarcerated in state facilities to challenge the …
The State's Monopoly Of Force And The Right To Bear Arms, Robert Leider
The State's Monopoly Of Force And The Right To Bear Arms, Robert Leider
Northwestern University Law Review
No abstract provided.
The Second Amendment In A Carceral State, Alice Ristroph
The Second Amendment In A Carceral State, Alice Ristroph
Northwestern University Law Review
No abstract provided.
Does Justice Have A Syntax?, Steven L. Winter
Does Justice Have A Syntax?, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
An Unstable Core: Self-Defense And The Second Amendment, Eric Ruben
An Unstable Core: Self-Defense And The Second Amendment, Eric Ruben
Faculty Journal Articles and Book Chapters
In District of Columbia v. Heller, the Supreme Court announced for the first time that self-defense, not militia service, is the “core” of the right to keep and bear arms. However, the Court failed to articulate what that means for the right’s implementation. After Heller, most courts deciding Second Amendment questions have mentioned self-defense only superficially or not at all. Some courts, however, have run to the opposite extreme, leaning heavily on the platitude that firearms have utility for lawful self-defense as a rationale for effectively immunizing them from regulation. This Article examines that inconsistency and considers whether self-defense law …
Guns In The Private Square, Cody Jacobs
Guns In The Private Square, Cody Jacobs
Faculty Scholarship
The regulation of guns has been one of the most hotly debated public policy issues in the United States throughout the country’s history. But, up until recently, it has always been just that — a debate about public policy. Two recent developments have changed the landscape and moved the debate about publicly carrying firearms from the realm of public policy, to the realm of private decision-making and private law. First, laws related to publicly carrying firearms have been dramatically loosened throughout the United States to the point that, in the vast majority of states, anyone who is legally allowed to …
To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate
To Have And To Hold: Factors To Consider Before Divorcing South Carolina From The Concealed Weapons Permit Requirement, Joseph D. Spate
South Carolina Law Review
No abstract provided.
Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky
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.
Guns And Drugs, Benjamin Levin
Guns And Drugs, Benjamin Levin
Scholarship@WashULaw
This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, the Article uses as its test case the criminal regulation of gun possession. The Article identifies and distills three lines of drug-war criticism, and argues that they apply to possessory gun crimes in much the same way that they apply to drug crimes. Specifically, the Article focuses on: (1) race- and class-based critiques; (2) concerns about police and prosecutorial power; and (3) worries about the social costs of mass incarceration. Scholars have …
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
O. Carter Snead
Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …
Let’S Not Forget: We Have A State Interest To Promote, Elias Arroyo
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
Trevor J Calligan
No abstract provided.
The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton
The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton
Criminal Justice Faculty Research
With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy perspective …
The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton
The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton
Gordon A Crews
With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy perspective …
The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton
The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton
Angela Crews
With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy perspective …
Guns, Violence, And Schools: Policies To Prevent And Respond To School Shootings, Mark A. Velez
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 …
Guns, Violence, And School Shootings: A Policy Change To Arm Some Teachers And School Personnel, Mark A. Velez
Guns, Violence, And School Shootings: A Policy Change To Arm Some Teachers And School Personnel, 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 Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton
The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton
Criminal Justice Faculty Publications and Presentations
With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy …
Guns And Ammo: For Convicted Americans Viewing Pictures Of Others Enjoying Their Constitutional Right To Bear Arms In A Magazine Is The Closest They Will Ever Get To Seeing The Second Amendment At Work - People V. Hughes, Ronald P. Perry
Touro Law Review
No abstract provided.
Retail Rebellion And The Second Amendment, Darrell A. H. Miller
Retail Rebellion And The Second Amendment, Darrell A. H. Miller
Indiana Law Journal
When, if ever, is there a Second Amendment right to kill a cop? This piece seeks to answer that question. In District of Columbia v. Heller, the Supreme Court held that the Second Amendment codifies a natural right to keep and bear arms for selfdefense. That right to self-defense extends to both private and public threats, including self-defense against agents of a tyrannical government. Moreover, the right is individual. Individuals―not just communities―have the right to protect themselves from public violence. Individuals―not just militias―have the right to defend themselves against tyranny. In McDonald v. City of Chicago, the Court went further, …
A Fighting Chance For Outlaws: Strict Scrutiny Of North Carolina's Felony Firearms Act, Matthew Jordan Cochran
A Fighting Chance For Outlaws: Strict Scrutiny Of North Carolina's Felony Firearms Act, Matthew Jordan Cochran
Matthew Jordan Cochran
This comment presents a substantive due process challenge to North Carolina's Felony Firearms Act (codified at N.C. Gen. Stat. § 14‑415.1), which, as modified in 2004, criminalizes owning a firearm—even in your own home—if you've ever been convicted of a felony. The discussion is very comprehensive.
I begin with an assumption (which by now appears supported by Second Amendment jurisprudence and post-Heller commentary) that individuals have a fundamental right of self-defense, and proceed to demonstrate that the Act deprives persons of that right without being narrowly tailored toward furthering any compelling state interest. For example, the statute does not …
The Right To Arms In The Living Constitution, David B. Kopel
The Right To Arms In The Living Constitution, David B. Kopel
David B Kopel
This Article presents a brief history of the Second Amendment as part of the living Constitution. From the Early Republic through the present, the American public has always understood the Second Amendment as guaranteeing a right to own firearms for self-defense. That view has been in accordance with élite legal opinion, except for a period in part of the twentieth century.
"Living constitutionalism" should be distinguished from "dead constitutionalism." Under the former, courts looks to objective referents of shared public understanding of constitutional values. Examples of objective referents include state constitutions, as well as federal or state laws to protect …
State Court Standards Of Review For The Right To Keep And Bear Arms, David B. Kopel, Clayton Cramer
State Court Standards Of Review For The Right To Keep And Bear Arms, David B. Kopel, Clayton Cramer
David B Kopel
Cases on the right to arms in state constitutions can provide useful guidance for courts addressing Second Amendment issues. Although some people have claimed that state courts always use a highly deferential version of "reasonableness," this article shows that many courts have employed rigorous standards, including the tools of strict scrutiny, such as overbreadth, narrow tailoring, and less restrictive means. Courts have also used categoricalism (deciding whether something is inside or outside the right) and narrow construction (to prevent criminal laws from conflicting with the right to arms). Even when formally applying "reasonableness," many courts have used reasonableness as a …
Heller’S Constitutional Dialogue: How The Supreme Court’S Choice Of Language In District Of Columbia V. Heller Is Instructive For Anticipating Future Interpretations Of The Second Amendment., Jason E. Niehaus
Jason E Niehaus
This article was an analysis of the language used by the Supreme Court in its decision in District of Columbia v. Heller to predict (ultimately correctly) the Court's later ruling regarding the Incorporation of the Second Amendment.
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
David B Kopel
The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right. Analysis of natural law in Heller shows why Justice Stevens' dissent is clearly incorrect, and illuminates a crucial weakness in Justice Breyer's dissent. The constitutional recognition of the natural law right of self-defense has important implications for American law, and for foreign and international law.
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Unenumerated Rights And The Limits Of Analogy: A Critque Of The Right To Medical Self-Defense, O. Carter Snead
Journal Articles
Volokh’s project stands or falls with the claim that the entitlement he proposes is of constitutional dimension. If there is no fundamental right to medical self-defense, the individual must, for better or worse, yield to the regulation of this domain in the name of the values agreed to by the political branches of government. Indeed, the government routinely restricts the instrumentalities of self-help (including self-defense) in the name of avoiding what it takes to be more significant harms. This same rationale accounts for current governmental limitations on access to unapproved drugs and the current ban on organ sales. The FDA …
Shots Across No Man's Land: A Response To Handgun Control, Inc.'S, Richard Aborn, Nicholas J. Johnson
Shots Across No Man's Land: A Response To Handgun Control, Inc.'S, Richard Aborn, Nicholas J. Johnson
Fordham Urban Law Journal
In response to Richard Aborn's article "The Battle Over the Brady Bill and the Future of Gun Control Advocacy, Johnson argues that Aborn's "bad gun formula" trivializes the Second Amendment, ignores issues vital to the gun control debate, and obfuscates what should ultimately need to be a choice between an armed citizenry or a disarmed one. Aborn's article suggests no real changes and does not effectively advance the debate.
Handgun Article, Lewis F. Powell Jr.