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Full-Text Articles in Law
What Is Gun Control? Direct Burdens Incidental Burdens, And The Boundaries Of The Second Amendment, Joseph Blocher, Darrell A. H. Miller
What Is Gun Control? Direct Burdens Incidental Burdens, And The Boundaries Of The Second Amendment, Joseph Blocher, Darrell A. H. Miller
Faculty Scholarship
Particularly in places with few recognizable gun control laws, “gun neutral” civil and criminal rules are an important but often-unnoticed basis for the legal regulation of guns. The burdens that these rules impose on the keeping and bearing of arms are at times significant, but they are also incidental, which raises hard questions about the boundaries between constitutional law, regulation, and legally enforceable private ordering. Does the Second Amendment apply to civil suits for trespass, negligence, and nuisance? Does the Amendment cover gun-neutral laws of general applicability like assault and disturbing the peace? In the course of addressing these practical …
Lethality, Public Carry, And Adequate Alternatives, Joseph Blocher, Darrell A. H. Miller
Lethality, Public Carry, And Adequate Alternatives, Joseph Blocher, Darrell A. H. Miller
Faculty Scholarship
This Article explores the relationship between lethality and the right to bear arms, and considers how that relationship might be shaped by the availability of non-lethal alternative weapons. Prior scholarship has asked whether the Second Amendment includes a right to carry non-lethal “Arms.” An important set of related questions remains: does the Second Amendment necessarily include a right to arm oneself publicly with lethal force, if non-lethal alternatives are available? And how should one evaluate the adequacy of those alternatives?
Second Amendment Traditionalism And Desuetude, Darrell A. H. Miller
Second Amendment Traditionalism And Desuetude, Darrell A. H. Miller
Faculty Scholarship
No abstract provided.