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Second Amendment Commons™

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2015

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Institution
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Articles 31 - 35 of 35

Full-Text Articles in Second Amendment

United States V. Castleman: The Meaning Of Domestic Violence, Emily J. Sack Jan 2015

United States V. Castleman: The Meaning Of Domestic Violence, Emily J. Sack

Law Faculty Scholarship

No abstract provided.


Firearm Regionalism And Public Carry: Placing Southern Antebellum Case Law In Context, Eric Ruben, Saul A. Cornell Jan 2015

Firearm Regionalism And Public Carry: Placing Southern Antebellum Case Law In Context, Eric Ruben, Saul A. Cornell

Faculty Journal Articles and Book Chapters

In recent years, following the Supreme Court’s landmark originalist opinion in District of Columbia v. Heller, courts have been asked to strike down restrictions on the public carrying of handguns on the basis of the original understanding of the Second Amendment. One of the key sources used to justify this outcome is a family of opinions from the antebellum South asserting an expansive right to carry weapons in public. In this essay we explore whether that body of case law reflected a national consensus on the meaning of the right to bear arms or, in the alternative, a narrower regional …


Hunting And The Second Amendment, Joseph Blocher Jan 2015

Hunting And The Second Amendment, Joseph Blocher

Faculty Scholarship

Debates about the meaning and scope of the Second Amendment have traditionally focused on whether it protects the keeping and bearing of arms for self-defense, prevention of tyranny, maintenance of the militia, or some combination of those three things. But roughly half of American gun-owners identify hunting or sport shooting as their primary reason for owning a gun. And while much public rhetoric suggests that these activities fall within the scope of the Second Amendment, some of the most committed gun-rights advocates insist that the Amendment “ain’t about hunting” and that, no matter their heritage and value, such activities are …


New Approaches To Old Questions In Gun Scholarship, Joseph Blocher Jan 2015

New Approaches To Old Questions In Gun Scholarship, Joseph Blocher

Faculty Scholarship

No abstract provided.


21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell Jan 2015

21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell

Journal Articles

The world faces tough arms control challenges from preventing the development and use of weapons of mass destruction to regulating the new weapons of the computer revolution. This article considers what works in arms control. Using military force in violation of international law to destroy nuclear facilities, to stop weapons shipments, or to punish the use of prohibited weapons typically fails. Diplomacy paired with lawful counter-measures has the superior track record. Reviving the art of diplomacy and re-committing to authentic international law will pay dividends in peace and security.