The University of Maine
William & Mary Law School
University of Kentucky College of Law
Penn State Dickinson Law
Fordham University School of Law
Cleveland State University
Northwestern Pritzker School of Law
DePaul University
Brigham Young University Law School
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy,
2023
DePaul University
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes
DePaul Business & Commercial Law Journal
No abstract provided.
Covid-19 Vs. Constitution; Limited Government's Unlimited Response,
2023
DePaul University
Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo
DePaul Business & Commercial Law Journal
No abstract provided.
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable,
2023
DePaul University
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong
DePaul Business & Commercial Law Journal
No abstract provided.
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule,
2023
DePaul University
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira
DePaul Business & Commercial Law Journal
No abstract provided.
Second Amendment Sanctuaries: Defiance, Discretion, And Race,
2023
Pepperdine University
Second Amendment Sanctuaries: Defiance, Discretion, And Race, Nicholas J. Johnson
Pepperdine Law Review
Second Amendment Sanctuaries deploy nonenforcement policies and strategies in defiance of firearms laws of superior jurisdictions. The scholarship so far has focused on whether Second Amendment Sanctuary policies are legally enforceable. This Article advances the scholarship beyond questions of de jure validity by examining the potential for practical, de facto efficacy of Second Amendment Sanctuary policies. This Article concludes that even where Second Amendment Sanctuaries have weak claims to formal validity, defiant public officials still have broad opportunities to implement Second Amendment Sanctuary policies through the exercise of enforcement discretion. The conclusion that enforcement discretion can effectuate sanctuary policies is …
Red-Flag Laws, Civilian Firearms Ownership And Measures Of Freedom,
2023
University of Missouri School of Law
Red-Flag Laws, Civilian Firearms Ownership And Measures Of Freedom, Royce De R. Barondes
Faculty Publications
This essay provides context for an assessment of a part of the recently-enacted Bipartisan Safer Communities Act--federal legislation funding state red-flag procedures, which allow for seizures of firearms from persons who have not committed crimes.
First, it assesses Maryland’s experience during the first year of implementing these procedures. The essay details computations, extrapolating from Maryland’s first-year experience, showing that adoption of these statutes causes blameless persons to be subject to being killed by the government at a rate comparable to or in excess of the murder rate.
Second, the essay identifies an overlooked impact of this federal legislation. The legislation’s …
You'll Grow Into It: How Federal And State Courts Have Erred In Excluding Persons Under Twenty-One From 'The People' Protected By The Second Amendment,
2023
FIU College of Law
You'll Grow Into It: How Federal And State Courts Have Erred In Excluding Persons Under Twenty-One From 'The People' Protected By The Second Amendment, Ryder Gaenz
FIU Law Review
After more than two centuries of jurisprudential stillness, the United States Supreme Court undertook the task of discerning the Second Amendment’s meaning in District of Columbia v. Heller, holding that the Second Amendment protects the individual right to self-defense. Since Heller, the lower courts have grappled with determining the scope of the Second Amendment. One question of scope—the subject of this piece—is at what age does a person come within the scope of the Second Amendment’s protections? Some federal and state courts have suggested, and in some cases held, that persons under twenty-one do not enjoy Second Amendment rights. However, …
Dangerous And Unusual: How An Expanding National Firearms Act Will Spell Its Own Demise,
2022
Penn State Dickinson Law
Dangerous And Unusual: How An Expanding National Firearms Act Will Spell Its Own Demise, Oliver Krawczyk
Dickinson Law Review (2017-Present)
The National Firearms Act of 1934 (NFA) is the strictest federal gun control law currently in effect. It criminalizes the mere possession and transfer of specifically enumerated categories of firearms deemed to be especially dangerous and unusual, such as machine guns and silencers. Commensurate with this viewpoint, the NFA imposes on violators harsh felony penalties, from lengthy prison sentences to six-figure fines. However, the NFA permits lawful civilian ownership of these firearms under a taxation and registration scheme administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In its 2008 District of Columbia v. Heller decision, the United …
The Second Amendment Is History: Ninth Circuit Takes Originalist Approach In Finding No Right To Public Carry In Young V. Hawaii,
2022
Villanova University Charles Widger School of Law
The Second Amendment Is History: Ninth Circuit Takes Originalist Approach In Finding No Right To Public Carry In Young V. Hawaii, Scott Kingsbury
Villanova Law Review
No abstract provided.
The Right To Train: A Pillar Of The Second Amendment,
2022
William & Mary Law School
The Right To Train: A Pillar Of The Second Amendment, Joseph G.S. Greenlee
William & Mary Bill of Rights Journal
Since the Supreme Court confirmed that the Second Amendment protects “the individual right to possess and carry weapons” in District of Columbia v. Heller, lower courts have been grappling with whether there is also a right to train with those weapons. Courts have considered whether training is a protected activity, whether it is a “core” right, and whether its protection is limited to gaining the minimum competency needed for self-defense.
[...]
No court yet has explored the legal history of the right to train, nor has any article. This Article presents the first in-depth historical exploration of the right. …
Divorcing Guns: How Family Law Could Change Parental Gun Ownership And Save Kids’ Lives,
2022
University of South Carolina School of Law
Divorcing Guns: How Family Law Could Change Parental Gun Ownership And Save Kids’ Lives, Marcia A. Zug
Washington and Lee Law Review Online
Guns are deadly. They are especially deadly for children yet, currently, parental gun ownership is not a major factor in custody disputes. This needs to change. Making irresponsible gun ownership a routine factor in custody cases could transform parental gun behavior. In other contexts, the potential loss of custody has proven to be an extremely strong deterrent. Moreover, unlike other proposed solutions to gun fatalities, this is a change that can be made right now. Making guns a part of custody disputes does not require the enactment of new legislation or even a judicial determination. By simply raising the issue …
Abortion Litigation And Second Amendment Litigation After Dobbs And Bruen,
2022
William & Mary Law School
Abortion Litigation And Second Amendment Litigation After Dobbs And Bruen, Institute Of Bill Of Rights Law At The College Of William & Mary Law School
Supreme Court Preview
No abstract provided.
New Approaches To Disarming Domestic Abusers,
2022
Villanova University Charles Widger School of Law
New Approaches To Disarming Domestic Abusers, Natalie Nanasi
Villanova Law Review
No abstract provided.
An Investigation Of The Unintended Consequences Of Florida’S Stand Your Ground Law And Leadership’S Role In Both Implementing The Law And Revising It,
2022
National Louis University
An Investigation Of The Unintended Consequences Of Florida’S Stand Your Ground Law And Leadership’S Role In Both Implementing The Law And Revising It, Anthony Keel
Dissertations
The State of Florida has become a negative representation of the Stand Your Ground Law due to the three unintended consequences which developed since that law was passed in 2005. They are the disparity of African American incarceration rates when the law is applied, the increase in justifiable homicides, and the exponential increase in concealed carry permits. The intent of this qualitative research study was to inspire the leadership of the state of Florida to actively support and participate in reexamining, reassessing, and revising the Stand Your Ground Law. The literature review suggested that the law is ambiguous because it …
Pov: As A Nation, Where Are We Now On Gun Policy?,
2022
Boston University School of Public Health; Boston University School of Law
Pov: As A Nation, Where Are We Now On Gun Policy?, Michael Ulrich
Faculty Scholarship
Last month, the federal government passed the first gun safety legislation in decades, the Bipartisan Safer Communities Act, while at the same time, the Supreme Court declared a constitutional right to carry guns in public. It is important then to assess where this country finds itself with regard to gun policy after these two seemingly contrasting and momentous events.
Firearms And Protest: Lessons From The Black Tradition Of Arms,
2022
University of Connecticut
Firearms And Protest: Lessons From The Black Tradition Of Arms, Nicholas J. Johnson
Connecticut Law Review
Kenosha was no aberration. Our history is filled with episodes of righteous protest boiling over into violence. Where violence is imminent, our traditions and laws allow innocents to use corresponding violence in self-defense. This arrangement is imperfect and demands hard thinking about how to refine and possibly improve it. One source of lessons toward this end is the experience of Black freedom fighters who navigated turmoil that dwarfs our current troubles. The principles that guided their struggle help frame a sphere of legitimate gun use during periods of civil unrest. These principles emerge from a considered philosophy and practice of …
The Next Fight Over Guns In America,
2022
William & Mary Law School
The Next Fight Over Guns In America, Timothy Zick, Diana Palmer
Popular Media
With Thursday’s Supreme Court decision [in New York State Rifle & Pistol Association Inc. v. Bruen], the only real remaining question is not whether Americans can carry firearms, but where.
Presumptively Awful: How The Federal Government Is Failing To Protect The Constitutional Rights Of Those Adjudicated As Mentally Ill, As Illustrated By The 18 U.S.C. § 922(G)(4) Circuit Split,
2022
Pepperdine University
Presumptively Awful: How The Federal Government Is Failing To Protect The Constitutional Rights Of Those Adjudicated As Mentally Ill, As Illustrated By The 18 U.S.C. § 922(G)(4) Circuit Split, Kaitlyn M. Rubcich
Pepperdine Law Review
The Third, Sixth, and Ninth Circuits are split as to whether the 18 U.S.C. § 922(g)(4) federal firearms ban violates the Second Amendment rights of those who were once adjudicated as mentally ill but have since returned to good mental health. In Beers v. Attorney General, the Third Circuit applied its own unique framework and held that § 922(g)(4) is constitutional. Meanwhile, the Sixth Circuit applied intermediate scrutiny in Tyler v. Hillsdale County Sheriff’s Department and deemed the statute unconstitutional, while in Mai v. United States, the Ninth Circuit also applied intermediate scrutiny but held that § 922(g)(4) is constitutional. …
Corpus Linguistics Criticisms Of Heller Misuse Corpus Linguistics,
2022
Southern Methodist University
Corpus Linguistics Criticisms Of Heller Misuse Corpus Linguistics, Michael Showalter
SMU Law Review Forum
A number of linguistics experts have asserted that new corpus-linguistics evidence undermines the U.S. Supreme Court’s conclusion in District of Columbia v. Heller that the Second Amendment phrase keep and bear arms means to possess and carry weapons. At the time of ratification, the term bear arms carried both an idiomatic sense meaning “to serve as a soldier” and a literal sense meaning “to carry weapons.” The Heller majority concluded that the Second Amendment uses the literal sense, partly because the idiomatic reading has the absurd implication of causing the Amendment to protect a right to serve as a soldier. …
We Clerked For Justices Scalia And Stevens. America Is Getting Heller Wrong.,
2022
Benjamin N. Cardozo School of Law
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.
