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2008

Series

University of Tennessee College of Law

Firearms

Articles 1 - 4 of 4

Full-Text Articles in Law

The Year Of The Gun: Second Amendment Rights And The Supreme Court, Glenn Reynolds, Brannon Denning Jan 2008

The Year Of The Gun: Second Amendment Rights And The Supreme Court, Glenn Reynolds, Brannon Denning

College of Law Faculty Scholarship

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 Reynolds, Brannon Denning Jan 2008

Heller's Future In The Lower Courts, Glenn Reynolds, Brannon Denning

College of Law Faculty Scholarship

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."


The Year Of The Gun: Second Amendment Rights And The Supreme Court, Glenn Harlan Reynolds Jan 2008

The Year Of The Gun: Second Amendment Rights And The Supreme Court, Glenn Harlan Reynolds

Scholarly Works

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 Jan 2008

Heller's Future In The Lower Courts, Glenn Harlan Reynolds

Scholarly Works

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."