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Articles 1 - 23 of 23
Full-Text Articles in Second Amendment
How To Stop Mass Shootings Without Violating The Second Amendment: Designing Regulations To Prevent Acts Of Mass Violence That Pass The 6:3 History And Tradition Test, Robert D'Alessandro
How To Stop Mass Shootings Without Violating The Second Amendment: Designing Regulations To Prevent Acts Of Mass Violence That Pass The 6:3 History And Tradition Test, Robert D'Alessandro
Cardozo Journal of Equal Rights & Social Justice
The article proposes that states can constitutionally implement ammunition possession limits to reduce mass violence by aligning such laws with the "history and tradition" test established by the current Supreme Court. It argues that modern caps on ammunition are analogous to early American gunpowder restrictions, which were enacted for public safety to prevent catastrophic explosions in populated areas.
We Clerked For Justices Scalia And Stevens. America Is Getting Heller Wrong., Katherine A. Shaw, John Bash
We Clerked For Justices Scalia And Stevens. America Is Getting Heller Wrong., Katherine A. Shaw, John Bash
Online Publications
In the summer of 2008, the Supreme Court decided District of Columbia v. Heller, in which the court held for the first time that the Second Amendment protected an individual right to gun ownership. We were law clerks to Justice Antonin Scalia, who wrote the majority opinion, and Justice John Paul Stevens, who wrote the lead dissent.
Racist History And The Second Amendment: A Critical Commentary, Patrick J. Charles
Racist History And The Second Amendment: A Critical Commentary, Patrick J. Charles
Cardozo Law Review
No abstract provided.
Second Amendment Realism, Michael R. Ulrich
Second Amendment Realism, Michael R. Ulrich
Cardozo Law Review
In District of Columbia v. Heller, the Supreme Court declared a constitutionally protected individual right to keep and bear arms. Subsequently, the scope of the right has been hotly debated, resulting in circuit splits and lingering questions about what, exactly, the right entails. Despite these splits, the Court has denied certiorari to the myriad gun cases to land on its doorstep. But the balance of the Court has shifted and, so too, has its willingness to hear these cases. Among the most pressing questions in Second Amendment jurisprudence is the constitutionality of public carry restrictions. With the Court set …
Deterring Illegal Firearms In The Community: Special Needs, Special Problems, And Special Limitations, Geoffrey S. Corn
Deterring Illegal Firearms In The Community: Special Needs, Special Problems, And Special Limitations, Geoffrey S. Corn
Cardozo Law Review
Gun violence is no longer just a crime-control problem in the United States; it is a public health crisis. This crisis is most acute in densely populated and economically challenged communities. The threat of becoming the intended or innocent victim of gun violence in these communities has become so pervasive that it only seems to make the headlines when the numbers are truly shocking to the general public. Sadly, these numbers have become the norm for the residents of these communities. Government bears a responsibility to leverage every lawful measure to mitigate this safety hazard, no differently than it does …
Addressing The Supreme Court’S ‘Constitutional Orphan’: Determining The Scope Of The Second Amendment In Public, Along With Its Need To Be Regulated, Eli Zlotowitz
Cardozo International & Comparative Law Review
No abstract provided.
A Different Approach To The National Gun Control Debate: Whether Direct Negotiations Between Interest Groups Can Facihtate The Creation Of Meaningful Legislative Policy, Arielle Kraus
Cardozo Journal of Conflict Resolution
This Note aims to shed light on a different approach to the national gun debate. The Background of this Note will explore the origin of the gun debate from both sides, the evolution of both the Gun Rights Lobby, spearheaded by the NRA, and the Gun Control Lobby, and the ways in which their evolutions have impacted the national debate today. The current state of the gun debate addresses the relationship between the polarity of the extreme positions and the political climate. Moderate democratic voices have seemed to disappear altogether, and in their place, extremists on both sides have filled …
Lights, Camera, State Action: Manhattan Community Access Corp. V. Halleck, Graham L. Fisher
Lights, Camera, State Action: Manhattan Community Access Corp. V. Halleck, Graham L. Fisher
Cardozo Law Review de•novo
It is a well-established rule that constitutional constraints governing public entities do not extend to private actors—until they do. If this principle seems unclear, it is largely due to the piecemeal jurisprudence that defines the “state action” doctrine. This doctrine applies when courts hold that a private actor is subject to constitutional constraints by virtue of the quasi-public role they have willingly accepted. In these situations, constitutional protections—and the resulting 42 U.S.C. § 1983 actions—may be available to those who demand relief. While questions of what entails a “state action” loom in the face of closely intertwined private and public …
We Don't Come From A Land Down Under: How Adopting Australia's Gun Laws Would Violate The Second Amendment Of The U.S. Constitution, Jonathan Weg
Cardozo Journal of International and Comparative Law
The note examines the legal and policy implications of adopting Australia's strict gun laws in the United States, arguing that such measures would likely violate the Second Amendment, which guarantees the right to bear arms. While Australia's National Firearms Agreement (NFA) has successfully reduced gun violence, the U.S. constitutional framework, particularly the Second Amendment, poses significant legal barriers to replicating similar laws. The analysis highlights the cultural and legal differences between the two countries, emphasizing that compulsory gun buybacks and restrictions on firearms for self-defense would face constitutional challenges in the U.S.
Panel 1: Policy Considerations & Industry Perspectives On 3d Printing, Greg Boyd, Martin Galese, John Knapp, Natalia Krasnodebska, Michael Weinberg, Aaron Wright
Panel 1: Policy Considerations & Industry Perspectives On 3d Printing, Greg Boyd, Martin Galese, John Knapp, Natalia Krasnodebska, Michael Weinberg, Aaron Wright
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Essays In Response To Michael Waldman's The Second Amendment: A Biography: Introduction, Adam Riff
Essays In Response To Michael Waldman's The Second Amendment: A Biography: Introduction, Adam Riff
Cardozo Law Review
No abstract provided.
The Living Constitution And The Second Amendment: Poor History, False Originalism, And A Very Confused Court, Paul Finkelman
The Living Constitution And The Second Amendment: Poor History, False Originalism, And A Very Confused Court, Paul Finkelman
Cardozo Law Review
No abstract provided.
Can The Quill Be Mightier Than The Uzi?: History "Lite," "Law Office," And Worse Meets The Second Amendment, Martin S. Flaherty
Can The Quill Be Mightier Than The Uzi?: History "Lite," "Law Office," And Worse Meets The Second Amendment, Martin S. Flaherty
Cardozo Law Review
No abstract provided.
The Pitfalls Of The Pittman-Robertson Act: Threats To An American Wildlife Act That Ensnare Hunters And Hikers Alike, Greg Huffaker
The Pitfalls Of The Pittman-Robertson Act: Threats To An American Wildlife Act That Ensnare Hunters And Hikers Alike, Greg Huffaker
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk, Michelle Foody
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk, Michelle Foody
Cardozo Law Review de•novo
Part I of this Note provides background on the Act at issue, its legislative history, the current status of the Supreme Court’s free speech jurisprudence, and it also introduces the constitutional interests at stake. Part II considers the constitutionality of the Act under the existing First Amendment standard and addresses the State’s assertions under the Second Amendment. Part III proposes that the Court’s standard ought to be recalibrated, taking into account the would-be listeners’ cognizable interest in the information. Part III goes on to legitimate the proposal by reconciling this new examination standard with existing free speech jurisprudence and justifications, …
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women, Sarah C. Ayres
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women, Sarah C. Ayres
Cardozo Journal of Equal Rights & Social Justice
The article argues for the expansion of rape shield laws to civil cases involving orders of protection, asserting that the exclusion of evidence regarding consensual sex between a victim and her abuser is crucial to counteract prejudicial stereotypes and provide better legal protection for battered women.
Guns, Crime Control, And A Systemic Approach To Federal Sentencing, David E. Patton
Guns, Crime Control, And A Systemic Approach To Federal Sentencing, David E. Patton
Cardozo Law Review
Recent scholarship about the role of sentencing reform in reducing high levels of incarceration has focused on evidence-based, offender-specific solutions, such as how to better assess offenders' risk of recidivism and their amenability to diversionary programs. This Article proposes a new, systemic approach. In particular, it suggests that in cases where the primary rationale for steep sentences is crime reduction, as opposed to retributive notions of harm and blameworthiness, judges ought to engage in an evidence-based examination of how the government is making "use" of the sentences it seeks in its law enforcement efforts. And where the government's efforts fall …
Feminists And Firearms: Why Are So Many Women Anti-Choice?, Lindsay K. Charles
Feminists And Firearms: Why Are So Many Women Anti-Choice?, Lindsay K. Charles
Cardozo Journal of Equal Rights & Social Justice
The article argues that gun rights should be recognized as a feminist issue, emphasizing women's autonomy, safety, and equality. It challenges the conventional narrative that gun control aligns with feminist values, asserting that disarming women disempowers them and undermines their ability to defend themselves. The author advocates for women's right to bear arms as a means of self-defense, drawing parallels to other feminist issues like abortion, and proposes a rebuttable presumption for issuing concealed carry permits to women.
Deactivating The Mousetrap: Entrapment By Estoppel As A Defense To Federal Felon-In-Possession Charges, Madeline Stavis
Deactivating The Mousetrap: Entrapment By Estoppel As A Defense To Federal Felon-In-Possession Charges, Madeline Stavis
Cardozo Law Review
No abstract provided.
No One Ever Died From Copyright Infringement: The Inducement Doctrine's Applicability To Firearms Manufacturer Liability, Shane Wagman
No One Ever Died From Copyright Infringement: The Inducement Doctrine's Applicability To Firearms Manufacturer Liability, Shane Wagman
Cardozo Law Review
No abstract provided.
Fair Measure Of The Right To Vote: A Comparative Perspective On Voting Rights Enforcement In A Maturing Democracy, Janai S. Nelson
Fair Measure Of The Right To Vote: A Comparative Perspective On Voting Rights Enforcement In A Maturing Democracy, Janai S. Nelson
Cardozo Journal of International and Comparative Law
The article examines the underenforcement of the right to vote in Ghana, focusing on the exclusion of incarcerated citizens (GICs) despite the 1992 Constitution granting universal adult suffrage. It argues that underenforcement stems from legislative, administrative, and judicial failures, undermining democratic principles. The Ghanaian Supreme Court's decision in OcanseyCHURCIL ruled that denying GICs the right to vote was unconstitutional, aligning with a broader interpretation of voting rights as fundamental. The article emphasizes the importance of explicit constitutional provisions and active enforcement by all government branches to sustain democracy, particularly in emerging democracies.
Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson
Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson
Cardozo Law Review
No abstract provided.
Morality Or Sittlichkeit: Toward A Post-Hegelian Solution, Jean L. Cohen
Morality Or Sittlichkeit: Toward A Post-Hegelian Solution, Jean L. Cohen
Cardozo Law Review
No abstract provided.