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Full-Text Articles in Law
The 10-Day Waiting Period Is Reasonable, John J. Donohue
The 10-Day Waiting Period Is Reasonable, John J. Donohue
John Donohue
Rarely will the conservative majority on the Supreme Court issue a decision so objectionable that it draws harsh rebukes from sitting conservative, Regan-appointed federal appellate court judges; but 2008's Heller decision, creating an individual constitutional right to keep and bear arms, elicited just that. Jusges Richard Posner and Harvie Wilkinson strongly criticized the decision as an unwise "snow job" of unprincipled rhetoric that violated established principles of constituÂtional interpretation, federalism, and the proper role of thejudiciary in dealing with issues best left to the political branches. The Aug. 22 decision of a federal district court judge in California, who ruled …
Anti-Evasion Doctrines And The Second Amendment, Brannon P. Denning
Anti-Evasion Doctrines And The Second Amendment, Brannon P. Denning
Brannon P. Denning
This article, written for a symposium on the Second Amendment, examines recent lower court decisions for evidence that courts are -- or are not -- creating and applying "anti-evasion doctrines" (AEDs) in Second Amendment cases. Such doctrines prevent form-over-substance evasion of constitutional principles on the part of government actors. Early evidence suggests that courts are willing to employ AEDs to frustrate legislative efforts to nullify the core of the right to keep and bear arms for self-defense in the home recognized in Heller and McDonald.
Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta
Catholic University Law Review
No abstract provided.