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Full-Text Articles in Law
Standing To Sue In The Absence Of Prosecution: Can A Case Be Too Controversial For Case Or Controversy?, David T. Hardy
Standing To Sue In The Absence Of Prosecution: Can A Case Be Too Controversial For Case Or Controversy?, David T. Hardy
David T. Hardy
The Supreme Court has recognized that, except in highly unusual situations, a plaintiff has “harm in fact,” and thus standing to sue, if a criminal statute outlaws conduct in which he intends to engage and which is arguably within the protections of the Constitution. Three Circuits have, however, evolved contradictory strings of caselaw, in which certain challenges are assessed in accord with the Supreme Court’s teachings, while other, indistinguishable, challenges are subjected to much stricter standards, standards which are almost impossible to meet. The Circuits rarely attempt to reconcile the two sets of decisions, and when they do, the resolution …
Book Review: A Well Regulated Militia, David T. Hardy
Book Review: A Well Regulated Militia, David T. Hardy
David T. Hardy
Professor Saul Cornell's book "A Well-Regulated Militia" The Founding Fathers and the Origin of Gun Control in America" is the latest contribution to the continuing debate over the status of the American right to arms. While Prof. Cornell's work uncovers some new aspects of the history of that right, it suffers from a strongly one-sided approach to that history, omitting or re-interpreting evidence suggesting that many Framers' views did not fit within the thesis of the work.