Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Arts and Humanities (4)
- Constitutional Law (3)
- History (3)
- Legal (3)
- Civil Rights and Discrimination (2)
-
- International Law (2)
- Legal History (2)
- Political History (2)
- Criminal Law (1)
- History of Religion (1)
- History of Religions of Western Origin (1)
- Human Rights Law (1)
- International Trade Law (1)
- Jurisprudence (1)
- Legal Studies (1)
- Legal Theory (1)
- Philosophy (1)
- Religion (1)
- Religious Thought, Theology and Philosophy of Religion (1)
- Social and Behavioral Sciences (1)
- United States History (1)
- Keyword
-
- Human Rights Law (5)
- International Law (5)
- Comparative Law (4)
- Constitutional Law (4)
- Criminal Law and Procedure (3)
-
- Law and Society (3)
- Legal History (3)
- Religion (3)
- Civil Rights (2)
- District of Columbia v. Heller (2)
- Gun control (2)
- Public Law and Legal Theory (2)
- Second Amendment (2)
- Campolo (1)
- Civil liberty (1)
- Corruption index (1)
- Denmark (1)
- Dhimmi (1)
- Dhimmitude (1)
- Disaramament (1)
- Economic freedom (1)
- Firearms (1)
- Firearms ownership (1)
- Gun prohibition (1)
- Gun rights (1)
- Hauerwas (1)
- Human rights (1)
- Inherent right (1)
- Judicial restraint (1)
- Kenya (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Unraveling Judicial Restraint: Guns, Abortion, And The Faux Conservatism Of J. Harvie Wilkinson, Iii, Nelson Lund, David B. Kopel
Unraveling Judicial Restraint: Guns, Abortion, And The Faux Conservatism Of J. Harvie Wilkinson, Iii, Nelson Lund, David B. Kopel
David B Kopel
Writing in the Virginia Law Review, a distinguished federal judge maintains that true conservatives are required to substitute principles of judicial restraint for an inquiry into the original meaning of the Constitution. Accordingly, argues J. Harvie Wilkinson, III, the Supreme Court's Second Amendment decision in District of Columbia v. Heller is an activist decision just like Roe v. Wade: "[B]oth cases found judicially enforceable substantive rights only ambiguously rooted in the Constitution's text." In this response, we challenge his critique.
Part I shows that Judge Wilkinson's analogy between Roe and Heller is untenable. The right of the people to keep …
Pacifist Aggressives Vs. The Second Amendment: An Analysis Of Modern Philosophies Of Compulsory Non-Violence, David B. Kopel
Pacifist Aggressives Vs. The Second Amendment: An Analysis Of Modern Philosophies Of Compulsory Non-Violence, David B. Kopel
David B Kopel
This Article examines the strengths and weaknesses of modern pacifist religious philosophy. The Article suggests that some intellectual arguments for pacifism are logically solid (once certain premises are granted), while others have serious flaws. The article discusses five influential philosophical advocates of non-violence Thomas Merton, Stanley Hauerwas, Leo Tolstoy, Tony Campolo, and John Howard Yoder. In addition, the Article examines three real-world cases where the practice of non-violence was put into action: the Danish rescue of the Jews during WW II, the American Civil Rights movement in the South in the 1960s, and the invasion of the Chatham Islands—the home …
Human Rights And Gun Confiscation, David B. Kopel
Human Rights And Gun Confiscation, David B. Kopel
David B Kopel
This Article addresses a human rights problem which has been generally ignored by the advocates of firearms confiscation: the human rights abuses stemming from the enforcement of coercive disarmament laws.
Part I conducts a case study of the U.N.-supported gun confiscation program in Uganda, a program which has directly caused massive, and fatal, violations of human rights. Among the rights violated have been those enumerated in Article 3 (“the right to life, liberty and security of person” ) and Article 5 (“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”) of the Universal …
The Human Right Of Self-Defense, David B. Kopel, Paul Gallant, Joanne D. Eisen
The Human Right Of Self-Defense, David B. Kopel, Paul Gallant, Joanne D. Eisen
David B Kopel
The United Nations Human Rights Council has declared that there is no human right to self-defense. Moreover, the Council has ordered all governments to enact very restrictive gun laws (more severe than those of Washington, D.C., or New York City, for example), and has declared that failure to enact such laws constitutes a human rights violation. Further, the HRC states that it is a human rights violation for a government to allow person to use a firearm in self-defense against a rapist or other criminal who is not attempting homicide.
This Article critically examines the HRC's claims by analyzing the …
Is There A Relationship Between Guns And Freedom? Comparative Results From 59 Nations, David B. Kopel, Carlisle Moody, Howard Nemerov
Is There A Relationship Between Guns And Freedom? Comparative Results From 59 Nations, David B. Kopel, Carlisle Moody, Howard Nemerov
David B Kopel
There are 59 nations for which data about per capita gun ownership are available. This Article examines the relationship between gun density and several measures of freedom and prosperity: the Freedom House ratings of political rights and civil liberty, the Transparency International Perceived Corruption Index, the World Bank Purchasing Power Parity ratings, and the Heritage Foundation Index of Economic Freedom. Although exceptions can be found, the data show a statistically significant relationship between higher levels of gun ownership and lower corruption, greater economic freedom, and greater prosperity. The cause and effect relationships appear to operate in both directions; that is, …
Dhimmitude And Disarmament, David B. Kopel
Dhimmitude And Disarmament, David B. Kopel
David B Kopel
Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to defend themselves from attacks by Muslims. The disarmament is one aspect of the pervasive civil inferiority of non-Muslims, a status known as dhimmitude. This Essay examines the historical effects of the shari'a disarmament, based on three books by Bat Ye'or, the world's leading scholar of dhimmitude. As Ye'or details, the disarmament had catastrophic consequences, extending far beyond the direct loss of the dhimmi's ability to defend themselves. The essay concludes by observing how pretend gun-free zones on college campuses turn the adults there into 21st …
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
David B Kopel
The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right. Analysis of natural law in Heller shows why Justice Stevens' dissent is clearly incorrect, and illuminates a crucial weakness in Justice Breyer's dissent. The constitutional recognition of the natural law right of self-defense has important implications for American law, and for foreign and international law.
Poisoned Milk And The Poisoning Of Democracy: Some Cautions About China Trade And Taiwan Sovereignty, David B. Kopel
Poisoned Milk And The Poisoning Of Democracy: Some Cautions About China Trade And Taiwan Sovereignty, David B. Kopel
David B Kopel
This Paper examines some of the benefits and dangers of Taiwan's deepening economic ties to China.
In brief, the expansion of cross-Strait economic relations has benefited Taiwan economically, but may pose serious dangers to Taiwan's democratic sovereignty. China's rising Comprehensive National Power - which aims to suppress Taiwan's sovereignty and self-government - has been significantly enhanced by investment from Taiwan itself. China's trade policies are directed for political purposes, particularly for drawing the people of Taiwan into a subordinate relationship with the Chinese dictatorship.
China's strategy has already succeeded in imposing self-censorship on many Taiwanese voices, including many businesses and …