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Selected Works

2011

Second amendment

Articles 1 - 3 of 3

Full-Text Articles in Law

Anatomy Of A Constitutional Challenge To State Laws, Chuck Klein Dec 2011

Anatomy Of A Constitutional Challenge To State Laws, Chuck Klein

Chuck Klein

The issue that began in 1972 with a chance meeting at a cocktail party between myself, as a LEO, and my state senator. I did him a favor by advising him on a personal matter involving law enforcement. Twenty-five or so years later, he returned the favor, as Ohio Senate President, by forcing a concealed firearms vote. The actual case involved finding a person who was under arrest for CCW and would agree to fight the charge as a constitutional challenge (I he lost he knew he would not only go to prison, but would lose his right to own …


Harvey Milk, Jane Roe, And James Brady: The Contribution Of The Civic To The Evolution Of Law, Palma Joy Strand Jan 2011

Harvey Milk, Jane Roe, And James Brady: The Contribution Of The Civic To The Evolution Of Law, Palma Joy Strand

palma joy strand

The lack of civility in political discourse and asserted negative effects of that lack of civility have recently drawn an increasing amount of popular attention. At the same time, legal scholars have characterized law—especially constitutional law articulated by the Supreme Court—as the result of a dialogue between the Court and the people. This article links these discussions with a unified explanation of how civic discourse among ordinary citizens in the form of personal story-telling and story-listening grounds stable and sustainable law—especially law in areas of evolving social norms. The article uses three contemporary sociolegal movements—gay rights, abortion rights, and gun …


Mcdonald V. Chicago: Five Takes, Brannon P. Denning, Glenn H. Reynolds Jan 2011

Mcdonald V. Chicago: Five Takes, Brannon P. Denning, Glenn H. Reynolds

Brannon P. Denning

McDonald v. Chicago made clear that the Second Amendment’s right to arms recognized in the 2008 Heller decision extends to individuals regardless of whether the infringement takes place at the hands of federal, state, or local officials. This brings to an end the first era of Second Amendment scholarship, in which discussion on the part of scholars was largely untempered by actual judicial authority. Now, though scholars may (and no doubt will) charge the Supreme Court with error, they are no longer writing on a blank slate. Instead, as with other areas of constitutional law, the discussion will focus on …