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Articles 1 - 12 of 12
Full-Text Articles in Second Amendment
A Primer On The Proximate Cause Requirement Of Plcaa’S Predicate Firearm Exception: Holding Firearm Manufacturers Liable For Third-Party Criminal Misuse Of Their Products, Hillel Y. Levin, Timothy D. Lytton
A Primer On The Proximate Cause Requirement Of Plcaa’S Predicate Firearm Exception: Holding Firearm Manufacturers Liable For Third-Party Criminal Misuse Of Their Products, Hillel Y. Levin, Timothy D. Lytton
Buffalo Law Review
No abstract provided.
Paths Forward From The Age Of Gun Violence: An Introduction, William Clark
Paths Forward From The Age Of Gun Violence: An Introduction, William Clark
Buffalo Law Review
No abstract provided.
Panic! At The Ballroom: The 1804 New Orleans Ballroom Weapons Ban In A Post-Bruen Context, Kellen Heniford, Kari Still
Panic! At The Ballroom: The 1804 New Orleans Ballroom Weapons Ban In A Post-Bruen Context, Kellen Heniford, Kari Still
Buffalo Law Review
No abstract provided.
The Founders’ Common Law And Bruen’S Text, History, And Tradition Test: From History ‘Lite’ To History Right, Saul Cornell
The Founders’ Common Law And Bruen’S Text, History, And Tradition Test: From History ‘Lite’ To History Right, Saul Cornell
Buffalo Law Review
No abstract provided.
The Meaning Of Lawful Self-Defense: State Criminal Law And The Scope Of The Second Amendment, Shira Feldman, Tess Fardon
The Meaning Of Lawful Self-Defense: State Criminal Law And The Scope Of The Second Amendment, Shira Feldman, Tess Fardon
Buffalo Law Review
No abstract provided.
In Keeping With Heller, Kevin Schascheck
In Keeping With Heller, Kevin Schascheck
Buffalo Law Review
Evaluating the constitutionality of modern firearm regulations under the Second Amendment requires recourse to historical evidence under Bruen v. New York State Rifle and Pistol Association. Generally, the government bears the burden to demonstrate that modern firearm regulations are consistent with the nation’s historical traditions. But the Supreme Court’s earlier opinion in District of Columbia v. Heller stated that certain categories of firearm restrictions are longstanding and thus presumptively lawful. And yet, litigants are inviting courts to reject this presumption, arguing that presumptively lawful regulations should be subject to the same historical test as presumptively unlawful regulations.
Courts should reject …
Gun Regulation After Loper Bright: The Statutory Interpretation/Policymaking Continuum, William D. Araiza
Gun Regulation After Loper Bright: The Statutory Interpretation/Policymaking Continuum, William D. Araiza
Buffalo Law Review
The Supreme Court’s 2024 decision in Loper Bright Enterprises v. Raimondo, rejecting “Chevron deference” to administrative agency interpretations of their organic statutes, has caused great uncertainty about the fate of federal regulation. This Essay considers that question in the context of federal gun regulation. Using examples of regulatory actions taken by the Bureau of Alcohol, Tobacco, and Firearms, it illustrates the wide range of functions reflected in agency actions—in particular, how those actions can span the spectrum from pure statutory interpretation to pure policymaking, with hybrid way stations between those two extremes.
The variety of functions agencies perform suggests …
A New Federalist Approach To Reducing Gun Violence: Model State Policy For Medicaid-Funded, Hospital-Based Violence Intervention Programs, Racquel Bozzelli
A New Federalist Approach To Reducing Gun Violence: Model State Policy For Medicaid-Funded, Hospital-Based Violence Intervention Programs, Racquel Bozzelli
Buffalo Law Review
No abstract provided.
When Provocation Is No Excuse: Making Gun Owners Bear The Risks Of Carrying In Public, Eric A. Johnson
When Provocation Is No Excuse: Making Gun Owners Bear The Risks Of Carrying In Public, Eric A. Johnson
Buffalo Law Review
Markeis McGlockton, an unarmed 28-year-old African-American father of three, was shot to death in front of his five-year-old son by “wannabe police officer” Michael Drejka during an argument over parking. Because McGlockton had shoved Drejka before Drejka shot him, Drejka was convicted only of heat-of-passion manslaughter, not murder. This Article argues that the heat-of-passion defense shouldn’t be available in cases like Drejka’s—cases where the defendant was carrying a loaded gun in public at the time of the provocation and used the gun to kill his provoker. The heat-of-passion defense is a concession to the difficulty of complying with the law’s …
The Gun Subsidy, Christian Turner, Justin C. Van Orsdol
The Gun Subsidy, Christian Turner, Justin C. Van Orsdol
Buffalo Law Review
No abstract provided.
The Urgent Need For Legal Scholarship On Firearm Policy, Dru Stevenson
The Urgent Need For Legal Scholarship On Firearm Policy, Dru Stevenson
Buffalo Law Review
Restrictions on federal funding for research pertaining to firearm policy have stymied academic inquiry by social science and public health researchers for over two decades. As a result, most researchers agree that our public discourse about this urgent issue is woefully under-informed, or even ill-informed, on both sides of the debate. Legal academia, which does not operate under the same grant-writing regime as most other disciplines, can and should help fill this gap in researching and theorizing the unresolved questions related to firearm policy. In fact, theoretical development and clarification from the legal academy is often a necessary antecedent for …
A Crack In The Floodgates: New York's Fourth Department, The Plcaa, And The Future Of Gun Litigation After Williams V. Beemiller, Jacob S. Sonner
A Crack In The Floodgates: New York's Fourth Department, The Plcaa, And The Future Of Gun Litigation After Williams V. Beemiller, Jacob S. Sonner
Buffalo Law Review
No abstract provided.