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Second Amendment Commons

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Full-Text Articles in Second Amendment

On The Place Of Self-Defense In Public Life: A Hobbesian Critique Of The Supreme Court’S Second Amendment, Rafi Reznik Oct 2023

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 …


The “Weaponization” Of Corpus Linguistics: Testing Heller’S Linguistic Claims, Josh Jones Nov 2019

The “Weaponization” Of Corpus Linguistics: Testing Heller’S Linguistic Claims, Josh Jones

Brigham Young University Journal of Public Law

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 Mar 2009

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 Jul 2007

The Human Right Of Self-Defense, David B. Kopel, Paul Gallant, Joanne D. Eisen

Brigham Young University Journal of Public Law

No abstract provided.


Guns And Commerce In Dialectical Perspective, Thomas Lundmark May 1997

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 Mar 1994

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.