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Five Takes On District Of Columbia V. Heller, Glenn Harlan Reynolds
Five Takes On District Of Columbia V. Heller, Glenn Harlan Reynolds
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Part of an Ohio State Law Journal symposium on the Supreme Court's decision finding an individual right to arms in District of Columbia v. Heller, this article offers five takes on what the Heller decision might mean, and how it may play out in lower courts. First, we argue that Heller essentially followed the prevailing national consensus on the meaning of the Second Amendment. Second, we argue that this fact furnishes an important data point for those who argue that the Court usually follows, rather than leads, public opinion on disputed matters; and that, when it invalidates laws, it does …
The Year Of The Gun: Second Amendment Rights And The Supreme Court, Glenn Harlan Reynolds
The Year Of The Gun: Second Amendment Rights And The Supreme Court, Glenn Harlan Reynolds
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This Essay looks at issues that the Supreme Court can duck - and those that it can't - in deciding the District of Columbia Second Amendment case, D.C. v. Heller. It also looks at political and institutional pressures placed on the Supreme Court by the Heller case.
Heller's Future In The Lower Courts, Glenn Harlan Reynolds
Heller's Future In The Lower Courts, Glenn Harlan Reynolds
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The Supreme Court's recent decision in District of Columbia v. Heller not only established an individual right to gun ownership, but also overturned - by a 9-0 margin - lower-court caselaw based on a "collective right" interpretation of the Second Amendment. This article looks at how Heller is likely to fare in the lower courts, based on experience with other recent Supreme Court decisions, and incorporates new scholarship on decision rules and the so-called "new doctrinalism."