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Full-Text Articles in Second Amendment
Bill Of Rights Nondelegation, Eli Nachmany
Bill Of Rights Nondelegation, Eli Nachmany
BYU Law Review
Speculation about the “revival” of the nondelegation doctrine has reached a fever pitch. Although the Supreme Court apparently has not applied the nondelegation doctrine to declare a federal statute unconstitutional since 1935, the doctrine may be making a comeback. The common understanding is that the nondelegation doctrine prohibits Congress from “delegating” legislative power to the executive branch. While the nondelegation doctrine may appear to be about limiting Congress, its ultimate target is delegation. But if the nondelegation doctrine is about policing delegation, then the Court has been regularly — and rigorously — applying the doctrine in a different context: In …
On The Place Of Self-Defense In Public Life: A Hobbesian Critique Of The Supreme Court’S Second Amendment, Rafi Reznik
On The Place Of Self-Defense In Public Life: A Hobbesian Critique Of The Supreme Court’S Second Amendment, Rafi Reznik
Brigham Young University Journal of Public Law
Contemporary Second Amendment law, which originated with the famous Heller decision (2008) and reached a new peak with Bruen (2022), relies on an implicit political theory. This article uncovers and critiques that theory. I argue that the Supreme Court’s Second Amendment jurisprudence positions interpersonal self-defense, and more generally individual response to crime, at the heart of the meaning of American citizenship. The paradigmatic citizen for whom state institutions should be designed is a self-defender, because, per the Court’s interpretive methodology, this is what the American people want. This line of cases thus attempts one of the most challenging feats of …
Corpus Linguistics And Gun Control: Why Heller Is Wrong, Kyra Babcock Woods
Corpus Linguistics And Gun Control: Why Heller Is Wrong, Kyra Babcock Woods
BYU Law Review
No abstract provided.
The “Weaponization” Of Corpus Linguistics: Testing Heller’S Linguistic Claims, Josh Jones
The “Weaponization” Of Corpus Linguistics: Testing Heller’S Linguistic Claims, Josh Jones
Brigham Young University Journal of Public Law
No abstract provided.
Arming The Good Guys: School Zones And The Second Amendment, Grant Arnold
Arming The Good Guys: School Zones And The Second Amendment, Grant Arnold
Brigham Young University Education and Law Journal
No abstract provided.
United States V. Reese And Post-Heller Second Amendment Interpretation, E. Garret Barlow
United States V. Reese And Post-Heller Second Amendment Interpretation, E. Garret Barlow
BYU Law Review
No abstract provided.
United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen
United States V. Mccane: Judge Tymkovich Questions Heller’S Disarming Dicta, Stephen C. Mouritsen
BYU Law Review
No abstract provided.
An Opinion Without Standards: The Supreme Court's Refusal To Adopt A Standard Of Constitutional Review In District Of Columbia V. Heller Will Likely Cause Headaches For Future Judicial Review Of Gun-Control Regulations, Ryan L. Card
Brigham Young University Journal of Public Law
No abstract provided.
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
Brigham Young University Journal of Public Law
No abstract provided.
The Second Amendment In The Nineteenth Century, David B. Kopel
The Second Amendment In The Nineteenth Century, David B. Kopel
BYU Law Review
No abstract provided.
The Brady Handgun Prevention Act And The Community Protection Initiative: Legislative Responses To The Second Amendment?, Orrin G. Hatch
The Brady Handgun Prevention Act And The Community Protection Initiative: Legislative Responses To The Second Amendment?, Orrin G. Hatch
BYU Law Review
No abstract provided.
Private Organizations And The Militia Status: They Don't Make Militias Like They Used To, Marguerite A. Driessen
Private Organizations And The Militia Status: They Don't Make Militias Like They Used To, Marguerite A. Driessen
BYU Law Review
No abstract provided.
Is The Second Amendment Finally Becoming Recognized As Part Of The Constitution? Voices From The Courts, Sanford Levinson
Is The Second Amendment Finally Becoming Recognized As Part Of The Constitution? Voices From The Courts, Sanford Levinson
BYU Law Review
No abstract provided.
The Right To Keep And Bear Arms In Light Of Thornton: The People And Essential Attributes Of Sovereignty, Kevin J. Worthen
The Right To Keep And Bear Arms In Light Of Thornton: The People And Essential Attributes Of Sovereignty, Kevin J. Worthen
BYU Law Review
Few people think about gun control and term limits in the same way. They generally favor one or the other, but not both or neither. The thesis of this Article, however, is that the two concepts are connected - or at least that the Framers of the United States Constitution would have found a connection between the two - and that theconnection between the two affects the way we should think about the subjects.This Article asserts that the two concepts are related because both gun control and term limits can infringe on the right of the people as ultimate sovereign …
A Lawyer's Guide To The Second Amendment, Steven H. Gunn
A Lawyer's Guide To The Second Amendment, Steven H. Gunn
BYU Law Review
No abstract provided.
Securing A Free State: Why The Second Amendment Matters, David Harmer
Securing A Free State: Why The Second Amendment Matters, David Harmer
BYU Law Review
No abstract provided.
Guns And Commerce In Dialectical Perspective, Thomas Lundmark
Guns And Commerce In Dialectical Perspective, Thomas Lundmark
Brigham Young University Journal of Public Law
No abstract provided.
United States V. Dalton: Forcing Prosecutors To Draw Their Weapons From A Different Holster, Benton Larsen
United States V. Dalton: Forcing Prosecutors To Draw Their Weapons From A Different Holster, Benton Larsen
Brigham Young University Journal of Public Law
No abstract provided.