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Duke Law

2013

Constitution. 7th Amendment

Articles 1 - 2 of 2

Full-Text Articles in Law

Text, History, And Tradition: What The Seventh Amendment Can Teach Us About The Second, Darrell A. H. Miller Jan 2013

Text, History, And Tradition: What The Seventh Amendment Can Teach Us About The Second, Darrell A. H. Miller

Faculty Scholarship

In District of Columbia v. Heller and McDonald v. City of Chicago, the Supreme Court made seemingly irreconcilable demands on lower courts: evaluate Second Amendment claims through history, avoid balancing, and retain as much regulation as possible. To date, lower courts have been unable to devise a test that satisfies all three of these conditions. Worse, the emerging default candidate, intermediate scrutiny, is a test that many jurists and scholars consider exceedingly manipulable.

This Article argues that courts could look to the Supreme Court’s Seventh Amendment jurisprudence, and in particular the Seventh Amendment’s “historical test,” to help them devise a …


Twelve-Person Federal Civil Jury In Exile, Thomas D. Rowe Jr. Jan 2013

Twelve-Person Federal Civil Jury In Exile, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.