Open Access. Powered by Scholars. Published by Universities.®

Second Amendment Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Second Amendment

Racist History And The Second Amendment: A Critical Commentary, Patrick J. Charles Apr 2022

Racist History And The Second Amendment: A Critical Commentary, Patrick J. Charles

Cardozo Law Review

No abstract provided.


Second Amendment Realism, Michael R. Ulrich Apr 2022

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 Apr 2022

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 …


Essays In Response To Michael Waldman's The Second Amendment: A Biography: Introduction, Adam Riff Dec 2015

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 Dec 2015

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 Dec 2015

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.


Guns, Crime Control, And A Systemic Approach To Federal Sentencing, David E. Patton Mar 2011

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 …


Deactivating The Mousetrap: Entrapment By Estoppel As A Defense To Federal Felon-In-Possession Charges, Madeline Stavis Nov 2010

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 Nov 2010

No One Ever Died From Copyright Infringement: The Inducement Doctrine's Applicability To Firearms Manufacturer Liability, Shane Wagman

Cardozo Law Review

No abstract provided.


Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson Jan 2001

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 Mar 1989

Morality Or Sittlichkeit: Toward A Post-Hegelian Solution, Jean L. Cohen

Cardozo Law Review

No abstract provided.