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Articles 1 - 30 of 45
Full-Text Articles in Law
The Constitutional Case For "Red Flag" Laws, Timothy Zick
The Constitutional Case For "Red Flag" Laws, Timothy Zick
Popular Media
No abstract provided.
Glorious Revolution To American Revolution: The English Origin Of The Right To Keep And Bear Arms, Diarmuid F. O'Scannlain
Glorious Revolution To American Revolution: The English Origin Of The Right To Keep And Bear Arms, Diarmuid F. O'Scannlain
Notre Dame Law Review
It is definitively not my intention to wade into such debates about the wisdom of the Second Amendment or to deal with pending or recent court interpretations. Rather, I want to explore how it came to be and what role British history had in its genesis. For Americans like myself, such history helps us to understand the meaning of our own Constitution. For the Britons, it is a powerful example of how your own constitutional principles shaped the legal landscape of far-flung countries once within the British Empire. And for those simply interested in law as a discipline, irrespective of …
The Urgent Need For Legal Scholarship On Firearm Policy, Dru Stevenson
The Urgent Need For Legal Scholarship On Firearm Policy, Dru Stevenson
Buffalo Law Review
Restrictions on federal funding for research pertaining to firearm policy have stymied academic inquiry by social science and public health researchers for over two decades. As a result, most researchers agree that our public discourse about this urgent issue is woefully under-informed, or even ill-informed, on both sides of the debate. Legal academia, which does not operate under the same grant-writing regime as most other disciplines, can and should help fill this gap in researching and theorizing the unresolved questions related to firearm policy. In fact, theoretical development and clarification from the legal academy is often a necessary antecedent for …
A “Justified Need” For The Constitutionality Of “Good Cause” Concealed Carry Provisions, Andrew Kim
A “Justified Need” For The Constitutionality Of “Good Cause” Concealed Carry Provisions, Andrew Kim
Fordham Law Review
The U.S. Supreme Court’s landmark decision in District of Columbia v. Heller held that the prohibition of handguns in the home was unconstitutional and the Court extended this holding to the states through the Fourteenth Amendment in McDonald v. City of Chicago. Through these cases, the Court clarified that the core of the Second Amendment was self-defense. However, it did not specify the scope of this self-defense “core” and left the lower courts with room for interpretation—for example, it is unclear whether and to what extent the Second Amendment applies to the public space. Furthermore, the Supreme Court did …
The “Weaponization” Of Corpus Linguistics: Testing Heller’S Linguistic Claims, Josh Jones
The “Weaponization” Of Corpus Linguistics: Testing Heller’S Linguistic Claims, Josh Jones
Brigham Young University Journal of Public Law
No abstract provided.
Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick
Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick
Timothy Zick
No abstract provided.
Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian
Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian
Timothy Zick
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Good Guys, Ban Guys And Gun Control, Nathan B. Oman
Good Guys, Ban Guys And Gun Control, Nathan B. Oman
Nathan B. Oman
No abstract provided.
The Right To Remain Armed, Jeffrey Bellin
The Right To Remain Armed, Jeffrey Bellin
Jeffrey Bellin
The laws governing gun possession are changing rapidly. In the past two years, federal courts have wielded a revitalized Second Amendment to invalidate longstanding gun carrying restrictions in Chicago, the District of Columbia, and throughout California. Invoking similar Second Amendment themes, legislators across the country have steadily deregulated public gun carrying, preempting municipal gun control ordinances in cities like Philadelphia, Atlanta, and Cleveland.
These changes to substantive gun laws reverberate through the constitutional criminal procedure framework. By making it lawful for citizens to carry guns even in crowded urban areas, enhanced Second Amendment rights trigger Fourth Amendment protections that could …
Arming America's K-12 Teachers, The Second Amendment And The Gun-Free School Zones Act: A Public Policy Analysis, Joseph R. Uliano
Arming America's K-12 Teachers, The Second Amendment And The Gun-Free School Zones Act: A Public Policy Analysis, Joseph R. Uliano
Seton Hall University Dissertations and Theses (ETDs)
According to the Second Amendment of the United States Constitution, “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed,” (U.S. Const. amend II), which is the absolute “right of the people.” The Bill of Rights further indicates, “Any right given to the people cannot be revoked by the government, limiting its power over the people.” However, educators and school administrators in most U.S. states must check this fundamental right at the door, as they are governed by their respective state governments …
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody
Carlisle Moody
No abstract provided.
Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short
Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short
Aric Short
merican universities are caught in the crosshairs of one of the most polarizing and contentious gun policy debates: whether to allow concealed carry on campus. Ten states have implemented "campus carry" in some form; sixteen new states considered passage last year; and a growing wave of momentum is building in favor of additional adoptions. Despite this push towards campus carry, most states adopting the policy fail to strike an effective balance between the competing rights and interests involved. When states give universities the option to opt out of the law, for example, they almost always do. Other states impose a …
Suing Guns Out Of Existence?, Scott R. Thomas, Mystica M. Alexander
Suing Guns Out Of Existence?, Scott R. Thomas, Mystica M. Alexander
Washington and Lee Law Review Online
In an effort to address gun violence, activists and victims’ families have filed lawsuits against the firearms industry seeking damage awards for violence committed by third party unrelated actors. Although Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005 intending to foreclose such lawsuits, since the time of the law’s passage, plaintiffs have brought claims against the firearms industry seeking refuge in an exception embedded in the statute. In a March, 2019 decision, Soto v. Bushmaster Firearms International, LLC, the Connecticut Supreme Court found that the Connecticut Unfair Trade Practices Act fell within an exception …
Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick
Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick
Popular Media
No abstract provided.
Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian
Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian
Briefs
No abstract provided.
Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short
Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short
Faculty Scholarship
merican universities are caught in the crosshairs of one of the most polarizing and contentious gun policy debates: whether to allow concealed carry on campus. Ten states have implemented "campus carry" in some form; sixteen new states considered passage last year; and a growing wave of momentum is building in favor of additional adoptions. Despite this push towards campus carry, most states adopting the policy fail to strike an effective balance between the competing rights and interests involved. When states give universities the option to opt out of the law, for example, they almost always do. Other states impose a …
Recommendations For Improving Firearms Vetting In Massachusetts, Robert C. Devine
Recommendations For Improving Firearms Vetting In Massachusetts, Robert C. Devine
University of Massachusetts Law Review
The United States is in a state of conflict over the ability to obtain firearms as well as their use in highly publicized mass shootings. On December 14, 2012, Adam Lanza obtained several firearms that were lawfully owned by his mother, but were improperly secured. Lanza killed his mother that morning and then drove a short distance to the Sandy Hook Elementary School in Newtown, Connecticut where he murdered twenty-six people, many of whom were small children. Lanza eventually turned a gun on himself before being confronted by responding officers. Though mass shootings are often headlines in this country, the …
Gun Control And The Color Of Law
Gun Control And The Color Of Law
Minnesota Journal of Law & Inequality
No abstract provided.
Gun Safety In The Age Of Kavanaugh, Joseph S. Hartunian
Gun Safety In The Age Of Kavanaugh, Joseph S. Hartunian
Michigan Law Review Online
This Essay takes stock of the different approaches adopted and advocated for in evaluating constitutional challenges in Second Amendment opinions throughout the country. The author’s hope is that doing so will help highlight the contours for debate when the Supreme Court does finally start to define some of the limits purported to exist by Justice Scalia. Part I analyzes the paths explicitly rejected by Heller I by reviewing the limits considered allowable by Justice Scalia. Part II considers the ongoing debate between the courts on the application of “strict” or “intermediate” scrutiny for Second Amendment challenges. Part III examines then-Judge …
When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos
When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos
West Virginia Law Review
No abstract provided.
The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles
The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles
Cleveland State Law Review
This article seeks to critique the circuit courts’ varying history-in-law approaches, as well as to provide advice on the proper role that history-in-law plays when examining the scope of the Second Amendment outside the home. This article sets forth to accomplish this task in three parts. Part I argues why history-in-law is appropriate when adjudicating Second Amendment decisions outside the home. Part II examines the benefits and burdens of utilizing history-in-law as a method of constitutional interpretation, while breaking down the alternative approaches employed by circuit courts when adjudicating Second Amendment decisions outside the home. Lastly, Part III offers practical …
Reciprocal Concealed Carry: The Constitutional Issues, William Araiza
Reciprocal Concealed Carry: The Constitutional Issues, William Araiza
Faculty Scholarship
No abstract provided.
Depriving Our Veterans Of Their Constitutional Rights: An Analysis Of The Department Of Veterans Affairs’ Practice Of Stripping Veterans Of Their Second Amendment Rights And Our Nation’S Response, Stacey-Rae Simcox
Utah Law Review
This Article does not argue that veterans who have been adjudicated mentally incompetent by a court after a hearing or have been involuntarily committed to a mental health facility should be permitted to purchase or possess firearms. However, this Article does compare the VA’s determination of “financial incompetency” to other determinations of “mental defectiveness,” demonstrating that the VA’s standards do not rise to the level of “adjudicat[ing] [the veteran] a mental defective” in a manner sufficient for him to be stripped of his constitutional rights. This Article also argues that including veterans determined financially incompetent for VA purposes on a …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
"Good Reason" Laws Under The Gun: May-Issue States And The Right To Bear Arms, Jack M. Amaro
"Good Reason" Laws Under The Gun: May-Issue States And The Right To Bear Arms, Jack M. Amaro
Chicago-Kent Law Review
This note proposes a framework for analyzing the point at which discretionary restrictions on the concealed carry of firearms are unconstitutional under the Second Amendment, which, at its core, guarantees the responsible, law-abiding citizen at least the right to use a firearm for self-defense. Although the Supreme Court has yet to affirmatively answer whether and to what extent this right extends beyond the home, every state allows its residents to publicly carry a firearm in some form—be it open or concealed. But states have the power to limit who may exercise this right; and some states curtail it to the …
The Business Of Guns: The Second Amendment & Firearms Commerce, Corey A. Ciocchetti
The Business Of Guns: The Second Amendment & Firearms Commerce, Corey A. Ciocchetti
Pepperdine Law Review
Does the Second Amendment protect commerce in firearms? The simple answer is: yes, to an extent. An individual’s right to possess and use a gun for self-defense in the home is black-letter law after District of Columbia v. Heller. The right to possess and use a gun requires the ability to obtain a gun, ammunition, and firearms training. Therefore, gun dealers, servicers, and training providers receive some constitutional protection as facilitators of their customers’ Second Amendment rights. Whether these constitutional rights belong to firearms-related businesses independently of their customers is unclear. The scope of the Second Amendment matters as recent, …
The Hard, Simple Truth About Gun Control, Carl Bogus
The Hard, Simple Truth About Gun Control, Carl Bogus
Law Faculty Scholarship
No abstract provided.
On Mootness: The New York State Rifle Pistol Association V. The City Of New York, New York, Thomas Reuter
On Mootness: The New York State Rifle Pistol Association V. The City Of New York, New York, Thomas Reuter
Fordham Undergraduate Law Review
The principles of limited government, separation of powers, and federalism have become ubiquitous colloquialisms echoed in the halls of legislatures, courts, and research institutions. Despite preconceived notions, these principles are not partisan. Their application may be debated, but their importance is not denied. This Note examines the limits of the Supreme Court of the United States as established in Article III of the United States Constitution. Specifically, it defines the standards of justiciability and examines one element: mootness. The Note looks at a 2013 New York City case regarding Second Amendment rights: The New York State Rifle Pistol Association v. …
Paying For Gun Violence, Samuel D. Brunson
Paying For Gun Violence, Samuel D. Brunson
Faculty Publications & Other Works
Gun violence is an outsized problem in the United States. Between a culture that allows for relatively unconstrained firearm ownership and a constitutional provision that ensures that ownership will continue to be relatively unchecked, it has proven virtually impossible for politicians to address the problem of gun violence. And yet, gun violence costs the United States tens of billions of dollars or more annually. These tens of billions of dollars are negative externalities — costs that gun owners do not bear themselves, and thus that are imposed on the victims of violence and on taxpayers generally.
What can we do …