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Full-Text Articles in Law
Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Glenn Harlan Reynolds
Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Glenn Harlan Reynolds
Scholarly Works
This paper examines the post-Heller Second Amendment case law in the lower courts and concludes that although federal courts are not rushing to overturn gun laws under the Second Amendment, they are moving more rapidly to implement Heller than under previous 'revolutionary' decisions such as U.S. v. Lopez. There is also some evidence that state courts are taking the right to arms more seriously, with the additional possibility that the new federal right to arms may boost interest in the numerous state right-to-arms provisions. Finally, by characterizing gun ownership as a protected individual right, Heller has served to 'renormalize' firearms …
Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Glenn Reynolds, Brannon Denning
Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Glenn Reynolds, Brannon Denning
College of Law Faculty Scholarship
This paper examines the post-Heller Second Amendment case law in the lower courts and concludes that although federal courts are not rushing to overturn gun laws under the Second Amendment, they are moving more rapidly to implement Heller than under previous 'revolutionary' decisions such as U.S. v. Lopez. There is also some evidence that state courts are taking the right to arms more seriously, with the additional possibility that the new federal right to arms may boost interest in the numerous state right-to-arms provisions. Finally, by characterizing gun ownership as a protected individual right, Heller has served to 'renormalize' firearms …
Arms For Their Defence - An Historical, Legal And Textual Analysis Of The English Right To Have Arms And Whether The Second Amendment Should Be Incorporated In Mcdonald V. City Of Chicago , Patrick J. Charles
Arms For Their Defence - An Historical, Legal And Textual Analysis Of The English Right To Have Arms And Whether The Second Amendment Should Be Incorporated In Mcdonald V. City Of Chicago , Patrick J. Charles
Cleveland State Law Review
This Article analyzes the arguments Individual Rights Scholars have made concerning the right to have arms and their influence on Supreme Court decisions regarding gun control. The author compares these arguments with historical English gun control laws to show that there is a misunderstanding between the idea that gun ownership rights have always been protected by government.
From Ballots To Bullets: District Of Columbia V. Heller And The New Civil Rights, Anders Walker
From Ballots To Bullets: District Of Columbia V. Heller And The New Civil Rights, Anders Walker
All Faculty Scholarship
This article posits that the Supreme Court's recent Second Amendment ruling District of Columbia v. Heller is a victory for civil rights, but not in the sense that most activists from the 1960s would recognize. Rather than a product of mid-century legal liberalism, Heller marks the culmination of almost forty years of coalition-based popular constitutionalism aimed at transforming the individual right to bear arms and the common law right to "employ deadly force in self-defense" into new civil rights. The implications of this are potentially great. By declaring the right to use deadly force in self-defense an "essential" right, the …