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Foreword: The Second Amendment As Ordinary Constitutional Law, Glenn Harlan Reynolds
Foreword: The Second Amendment As Ordinary Constitutional Law, Glenn Harlan Reynolds
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In recent years, the Second Amendment has gone from a subject of scholarly and political debate with no real judicial role, to a clearly established individual right that is being enforced in lower courts. This Essay, the foreword to a forthcoming Tennessee Law Review symposium on the Second Amendment, explores how that happened, and what is likely to come next.
Guns And Gay Sex: Some Notes On Firearms, The Second Amendment, And 'Reasonable Regulation', Glenn Harlan Reynolds
Guns And Gay Sex: Some Notes On Firearms, The Second Amendment, And 'Reasonable Regulation', Glenn Harlan Reynolds
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In light of the Supreme Court's grant of certiorari in Heller v. District of Columbia, this Essay contains some thoughts inspired by Adam Winkler's "Scrutinizing the Second Amendment," 105 Mich. L. Rev. 683 (2007). Winkler argues, correctly, that judicial acceptance of an individual-rights interpretation of the Second Amendment would not end all firearms regulation. However, Winkler's understanding of what constitutes "reasonable regulation" is excessively broad. In "Guns and Gay Sex," I look at two overlapping lines of Tennessee cases on the right to arms and the right to privacy and conclude that even a "reasonable regulation" model of the right …
It Takes A Militia: A Communitarian Case For Compulsory Arms Bearing, Glenn Harlan Reynolds
It Takes A Militia: A Communitarian Case For Compulsory Arms Bearing, Glenn Harlan Reynolds
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In this Essay, the authors demonstrate that Communitarians and militias actually have more in common than it might at first appear. Summarizing the Communitarian agenda, the authors note that Communitarians speak a language that would be readily understood by the Framers, who saw militias as an important vehicle through which civic virtue could be transmitted.