Impact Of Corporate Response To Controversial Presidential Statements Or Policies,
2022
DePaul University
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
DePaul Business & Commercial Law Journal
No abstract provided.
Personalized Smart Guns: A Futuristic Dream Or A Pragmatic Solution?,
2022
Duke Law
Personalized Smart Guns: A Futuristic Dream Or A Pragmatic Solution?, Andres Paciuc
Duke Law & Technology Review
No abstract provided.
Time To Bite The Bullet? How An Emboldened Fda Could Take Aim At The Firearms Industry,
2022
University of Florida School of Law
Time To Bite The Bullet? How An Emboldened Fda Could Take Aim At The Firearms Industry, Lars Noah
Connecticut Law Review
Firearms continue to cause tremendous losses in the United States, prompting increasingly frustrated calls for a public health response to this endemic problem. Although Congress has legislated repeatedly on the issue over the last century, it has not managed to do anything remotely comprehensive in the aggregate. This Article offers a radical new approach that has gone entirely unnoticed. Much as it tried to do a quarter of a century ago in asserting jurisdiction over tobacco products, the U.S. Food and Drug Administration (FDA) could try to use its “device” authority to rein in companies that manufacture firearms and accessories …
"Second-Class" Rhetoric, Ideology, And Doctrinal Change,
2022
Southern Methodist University, Dedman School of Law
"Second-Class" Rhetoric, Ideology, And Doctrinal Change, Eric M. Ruben, Joseph Blocher
Faculty Journal Articles and Book Chapters
A common refrain in current constitutional discourse is that lawmakers and judges are systematically disfavoring certain rights. This allegation has been made about the rights to free speech and free exercise of religion, but it is most prominent in debates about the right to keep and bear arms. Such “second-class” treatment, the argument goes, signals that the Supreme Court must intervene aggressively to police the disrespected rights. Past empirical work casts doubt on the descriptive claim that judges and policymakers are disrespecting the Second Amendment, but that simply highlights how little we know about how the second-class argument functions as …
Public Carry And Criminal Law After Bruen,
2022
Southern Methodist University, Dedman School of Law
Public Carry And Criminal Law After Bruen, Eric Ruben
Faculty Journal Articles and Book Chapters
Gun rights supporters appear to be on the cusp of achieving a decades-long goal: defanging licensing laws for carrying handguns in public nationwide. More than 20 states have removed all licensing requirements for concealed carry, and most of the others now require little more than a background check. At oral argument in New York State Rifle & Pistol Ass’n v. Bruen, meanwhile, the Supreme Court seemed poised to strike down policies in the remaining states that limit licenses to those who can show a heightened need, or “good cause,” to carry a gun. If that happens, what comes next?
This …
Constitutional Issues In Family Law: An Annotated Bibliography (Part 1 Of 2),
2022
University of Missouri - Kansas City, School of Law
Constitutional Issues In Family Law: An Annotated Bibliography (Part 1 Of 2), Allen K. Rostron
Faculty Works
This bibliography covers some of the significant constitutional issues arising in the realm of family law today, as well as other legal and policy issues spinning off of the constitutional controversies. It focuses on issues discussed in the articles in this issue of the Journal of the American Academy of Matrimonial Lawyers.
Disgust And Guns: Conduct, Identity, And Second Amendment Animus,
2022
Brooklyn Law School
Disgust And Guns: Conduct, Identity, And Second Amendment Animus, William D. Araiza
Faculty Scholarship
No abstract provided.
Once Mentally Ill, Always A Danger? Lifetime Bans On Gun Ownership Under Fire Following Involuntary Commitment,
2022
Touro Law Center
Once Mentally Ill, Always A Danger? Lifetime Bans On Gun Ownership Under Fire Following Involuntary Commitment, Amanda Pendel
Touro Law Review
18 U.S.C. § 922(g)(4) imposes a lifetime ban on those who have been involuntarily committed to a mental institution from purchasing, or possessing a firearm, regardless of an extended passage of time, or a finding that the individual is unlikely to pose a danger to themselves or the public. Three circuits have created a split concerning the constitutionality of this statute. The Third Circuit held in Beers v. Attorney General United States that those involuntarily committed were outside of the scope of the Second Amendment; therefore, the § 922(g)(4)’s categorical ban is constitutional. Next, the Ninth Circuit in Mai v. …
A Considered African American Philosophy And Practice Of Arms,
2022
Fordham University School of Law
A Considered African American Philosophy And Practice Of Arms, Nicholas J. Johnson
Faculty Scholarship
In the spring of 1963, Holmes County, Mississippi voting rights activist Hartman Turnbow fought off a terrorist attack on his home with his sixteen-shot semiautomatic rifle. Later, Turnbow explained that his gunfire was perfectly consistent with the nonviolent philosophy of the freedom movement, declaring, “I wasn’t being non-nonviolent, I was protecting my family.” Turnbow embraced armed self-defense and political nonviolence without any sense of contradiction. In this, he channeled a generations-old practice and philosophy of arms that was an integral part of Black response to racist terrorism, mobbing, state failure, and majoritarian tyranny.
A Flawed Case Against Black Self-Defense,
2022
Fordham University School of Law
A Flawed Case Against Black Self-Defense, Nicholas J. Johnson
Faculty Scholarship
No abstract provided.
Constitutional Gun Litigation Beyond The Second Amendment,
2022
Duke Law School
Constitutional Gun Litigation Beyond The Second Amendment, Joseph Blocher, Noah Levine
Faculty Scholarship
No abstract provided.
Looking At The Text, History, And Tradition Of The Second Amendment– “Steeped In Anti-Blackness”,
2022
University of Maryland Francis King Carey School of Law
Looking At The Text, History, And Tradition Of The Second Amendment– “Steeped In Anti-Blackness”, Camila Blaha
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Jackie Robinsons Of The Federal Judiciary: Examining The Appointment Of The First Black Federal Judges,
2022
University of Maryland Francis King Carey School of Law
The Jackie Robinsons Of The Federal Judiciary: Examining The Appointment Of The First Black Federal Judges, Willie J. Epps, Jr.
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Tinhatting The Constitution: Originalism As A Fandom,
2022
Western New England University School of Law
Tinhatting The Constitution: Originalism As A Fandom, Stacey M. Lantagne
Faculty Scholarship
Several recent Supreme Court cases, most notably Bruen and Dobbs, have employed originalist methods to interpreting the Constitution, seeking to give the Second and Fourteenth Amendments, respectively, the meaning that was understood by the public in 1791 and 1868. In this imaginative exercise compiling massive amounts of textual evidence to arrive at conclusions regarding what unknown people were thinking, originalism resembles a type of fandom practice called RPF, or Real Person Fiction. This type of fan activity likewise compiles massive amounts of textual evidence to arrive at conclusions regarding what unknown people were thinking. It’s just that RPF revolves …
The Ideological Divide On Gun Regulation,
2022
Vanderbilt University Law School
The Ideological Divide On Gun Regulation, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
This article examines survey results on how ideology and vulnerability affect attitudes toward gun regulation. It finds that ideology is more of a driver of differences in these views than the personal risk of gun violence. Nonetheless, the survey data find majority support among opposed political groups for some gun regulations-- including some of the regulations incorporated in the new federal legislation.
Torture In Our Schools?,
2022
Washington University in St Louis School of Law
Torture In Our Schools?, Leila Nadya Sadat
Scholarship@WashULaw
America’s kids are not okay. As gun violence surges and politicians dither, school shootings are traumatizing a generation of youth. While only one manifestation of America’s gun violence crisis, school shootings are shocking in their ferocity, the senseless and random nature of the violence, and their impact upon millions of young, captive, and vulnerable individuals. This Essay makes the claim that the suffering of America’s school children from uncontrolled gun violence may be significant enough in scale and kind to rise to the level of ill-treatment under international law, violating U.S. treaty obligations and customary international law. If so, their …
“Second-Class" Rhetoric, Ideology, And Doctrinal Change,
2022
Duke Law School
“Second-Class" Rhetoric, Ideology, And Doctrinal Change, Eric Ruben, Joseph Blocher
Faculty Scholarship
A common refrain in current constitutional discourse is that lawmakers and judges are systematically disfavoring certain rights. This allegation has been made about the rights to free speech and free exercise of religion, but it is most prominent in debates about the right to keep and bear arms. Such “second-class” treatment, the argument goes, signals that the Supreme Court must intervene aggressively to police the disrespected rights. Past empirical work casts doubt on the descriptive claim that judges and policymakers are disrespecting the Second Amendment, but that simply highlights how little we know about how the second-class argument functions as …
Securing Gun Rights By Statute: The Right To Keep And Bear Arms Outside The Constitution,
2022
Duke Law School
Securing Gun Rights By Statute: The Right To Keep And Bear Arms Outside The Constitution, Jacob D. Charles
Faculty Scholarship
In popular and professional discourse, debate about the right to keep and bear arms most often revolves around the Second Amendment. But that narrow reference ignores a vast and expansive nonconstitutional legal regime privileging guns and their owners. This collection of nonconstitutional gun rights confers broad powers and immunities on gun owners that go far beyond those required by the Constitution, like rights to bring guns on private property against an owner’s wishes and to carry a concealed firearm in public with no training or background check. This Article catalogues this set of expansive laws and critically assesses them. Unlike …
Cities, Preemption, And The Statutory Second Amendment,
2022
Duke Law School
Cities, Preemption, And The Statutory Second Amendment, Joseph Blocher
Faculty Scholarship
Although the Second Amendment tends to dominate the discussion about legal limits on gun regulation, nothing has done more to shape the state of urban gun law than state preemption laws, which fully or partially limit cities’ ability to regulate guns at the local level. The goals of this short Essay are to shed light on this “Statutory Second Amendment” and to provide a basic framework for evaluating it.
Common Use, Lineage, And Lethality,
2022
Duke Law School
Common Use, Lineage, And Lethality, Darrell A. H. Miller, Jennifer Tucker
Faculty Scholarship
Political and legal debates over assault rifles, large-capacity magazines, and other lethal technology are characterized by increasing rancor and hostility. Lack of a common vocabulary to describe the topics of debate, much less facilitate a constructive dialogue, only aggravates this trend. Sorely missing from the current debate is a shared vocabulary for what the public policy and the constitutional doctrine are aiming to achieve. Part I of this Article outlines the state of Second Amendment doctrine with respect to which and what type of arms are protected, and the confused language and goals of that doctrine. Part II provides a …
