Kids, Leave The Guns At Home: Why Maryland's 'Good And Substantial Reason' Requirement Comports With Constitutional Aims In The Post-Heller Era, 2015 World Bank
Kids, Leave The Guns At Home: Why Maryland's 'Good And Substantial Reason' Requirement Comports With Constitutional Aims In The Post-Heller Era, Julia Johnson
Criminal Law Practitioner
No abstract provided.
The First Century Of Right To Arms Litigation, 2015 University of Denver
The First Century Of Right To Arms Litigation, David B. Kopel
Sturm College of Law: Faculty Scholarship
This Article examines state court cases involving the right to arms, during the first century following ratification of the Amendment in 1791. This is not the first article to survey some of those cases. This Article includes additional cases, and details the procedural postures and facts, not only the holdings. The Article closely examines how the Supreme Court integrated the nineteenth century arms cases into Heller and McDonald to shape modern Second Amendment law.
Part I briefly explains two English cases which greatly influenced American legal understandings. Semayne’s Case is the foundation of “castle doctrine” — the right to home …
21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, 2015 Notre Dame Law School
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.
The Cost To Carry: New York State’S Regulation On Firearm Registration, 2014 Touro University Jacob D. Fuchsberg Law Center
The Cost To Carry: New York State’S Regulation On Firearm Registration, David D. Pelaez
Touro Law Review
No abstract provided.
The Quiet Army: Felon Firearm Rights Restoration In The Fourth Circuit, 2014 William & Mary Law School
The Quiet Army: Felon Firearm Rights Restoration In The Fourth Circuit, Robert Luther Iii
William & Mary Bill of Rights Journal
Most states afford felons the opportunity to have their political disabilities removed or “rights restored” after they are released from incarceration. In every state within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit, save Virginia, a felon’s rights are partially restored automatically upon the completion of his sentence, parole, and probation. Absent a pardon, Virginia requires the felon to petition the Governor in writing through the Office of the Secretary of the Commonwealth in order to obtain a partial restoration of rights. One such right that may or may not be restored upon a state-convicted felon’s …
Looking For A Third Option: An Alternate Solution In The Gun Debate, 2014 Golden Gate University School of Law
Looking For A Third Option: An Alternate Solution In The Gun Debate, Richard Miyasaki
GGU Law Review Blog
No abstract provided.
Our Non-Originalist Right To Bear Arms, 2014 Maurer School of Law: Indiana University
Our Non-Originalist Right To Bear Arms, Robert Leider
Indiana Law Journal
District of Columbia v. Heller was a landmark, if controversial, opinion. Discussion has centered on the merits of its self-described originalist approach. Supporters praise its efforts to return to a more originalist and textualist approach to constitutional questions, whereas critics challenge the accuracy of Heller’s historical claims and criticize its departure from precedent.
This Article challenges much of the conventional wisdom about Heller, its use of originalism, and its relationship to nineteenth- and twentieth-century case law. This Article argues that, despite much of its rhetoric, Heller actually exemplified popular constitutionalism—not originalism—in the way it approached the most important practical question …
Constitutional Law—Shooting Blanks: Smart Gun Mandates And Their Concomitant Constitutional, Regulatory, Public Policy, And Practical Issues, 2014 University of Arkansas at Little Rock William H. Bowen School of Law
Constitutional Law—Shooting Blanks: Smart Gun Mandates And Their Concomitant Constitutional, Regulatory, Public Policy, And Practical Issues, William F. Godbold Iv
University of Arkansas at Little Rock Law Review
No abstract provided.
The Constitution And The Individual Right To Possess Firearms: A Different Take, 2014 Villanova University Charles Widger School of Law
The Constitution And The Individual Right To Possess Firearms: A Different Take, David W. Wise
Villanova Law Review
No abstract provided.
Ordered Gun Liberty: Rights With Responsibilities And Regulation, 2014 Boston University School of Law
Ordered Gun Liberty: Rights With Responsibilities And Regulation, Linda C. Mcclain, James E. Fleming
Faculty Scholarship
This Article focuses on the case of the Second Amendment right to bear arms and gun control to examine whether the Constitution has fostered a pathological rights culture of rights without responsibilities and regulation. We offer some preliminary thoughts about “ordered gun liberty” – the individual right to bear arms in relation to responsibilities, virtues, and regulation. This article addresses a conundrum concerning this right: there is no individual right that cries out more for governmental encouragement of responsibility concerning its exercise and for governmental regulation to promote safety and to protect from harm, and yet there is no individual …
What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, 2014 Harvard Law School Center for Health Law & Policy Innovation
What Will It Take? Terrorism, Mass Murder, Gang Violence, And Suicides: The American Way, Or Do We Strive For A Better Way?, Katherine L. Record, Lawrence O. Gostin
University of Michigan Journal of Law Reform
The assertion that access to firearms makes us safe, rather than increases the likelihood that oneself or a family member will die, is contradicted by a large body of evidence. Gunshots kill more than 30,000 Americans each year. Homicide accounts for approximately one-third of these deaths, with the remainder involving suicides and accidental gun discharges. In fact, firearms put us at greater risk of death than participating in war; in four months, as many Americans were shot dead in the United States as have died fighting in Iraq for an entire decade. Given these grim statistics, it would be reasonable …
The Tools Of Political Dissent: A First Amendment Guide To Gun Registries, 2014 University of Michigan Law School
The Tools Of Political Dissent: A First Amendment Guide To Gun Registries, Thomas E. Kadri
Michigan Law Review First Impressions
On December 23, 2012, a newspaper in upstate New York published a provocative map. On it appeared the names and addresses of thousands of gun owners in nearby counties, all precisely pinpointed for the world to browse. The source of this information: publicly available data drawn from the state’s gun registry. Legislators were quick to respond. Within a month, a new law offered gun owners the chance to permanently remove their identities from the registry with a simple call to their county clerk. The map raised interesting questions about broadcasting personal information, but a more fundamental question remains: Are these …
Background On Hjr 1026--Amending The Oklahoma Constitution's Right To Keep And Bear Arms, March 11, 2014 Oklahoma City University School of Law
Background On Hjr 1026--Amending The Oklahoma Constitution's Right To Keep And Bear Arms, March 11, Michael P. O'Shea
Michael P. O'Shea
No abstract provided.
Are Some Rights Wrong?, 2014 Gettysburg College
Are Some Rights Wrong?, Megan A. Fenrich
SURGE
“When the time came, I did it. I had to.” – Seung-Hui Cho
Even though it’s been more than six years since April 16, 2007, I still find myself watching the YouTube videos and glimpsing the pictures my parents tried so hard to conceal me from. Words dripping with hatred, guns and other weapons pointed at the viewer. I can understand why my parents didn't want a seventh grader to view these. [excerpt]
Liability Insurance And Gun Violence, 2014 University of Connecticut School of Law
Liability Insurance And Gun Violence, Peter Kochenburger
Faculty Articles and Papers
No abstract provided.
The First Amendment Guide To The Second Amendment, 2014 Denver University, Sturm College of Law
The First Amendment Guide To The Second Amendment, David B. Kopel
David B Kopel
How courts do and should use First Amendment doctrines when deciding Second Amendment cases.
Woollard V. Gallagher: Normalizing The Fourth Circuit’S Approach To Second Amendment Challenges, 2014 University of Maryland Francis King Carey School of Law
Woollard V. Gallagher: Normalizing The Fourth Circuit’S Approach To Second Amendment Challenges, William Young Jr.
Maryland Law Review Online
No abstract provided.
More Guns: More Or Less Violence? , 2014 Loyola University Chicago, School of Law
More Guns: More Or Less Violence? , Bonnie Peters
Public Interest Law Reporter
No abstract provided.
The Online Gun Marketplace And The Dangerous Loophole In The National Instant Background Check System, 30 J. Marshall J. Info. Tech. & Privacy L. 757 (2014), 2014 UIC School of Law
The Online Gun Marketplace And The Dangerous Loophole In The National Instant Background Check System, 30 J. Marshall J. Info. Tech. & Privacy L. 757 (2014), Ann Daniels
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
School Shootings And The Legislative Push To Arm Teachers, 2014 University of Missouri - Kansas City, School of Law
School Shootings And The Legislative Push To Arm Teachers, Allen K. Rostron
Faculty Works
No abstract provided.