Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Incomplete Record In New York State Rifle & Pistol Association V. City Of New York,
2020
Covington & Burling, LLP
The Incomplete Record In New York State Rifle & Pistol Association V. City Of New York, Eric J. Mogilnicki, Alexander Schultz
SMU Law Review Forum
A Second Amendment case now pending at the Supreme Court, New York State Rifle & Pistol Ass’n v. City of New York, tests the extent to which New York City may limit the movement of guns along city streets. The briefing in that case is, however, incomplete. Second Amendment jurisprudence calls for an examination of historical analogues to the firearms regulation at issue. Here, the New York State Rifle and Pistol Association asserted that there are none. This Article identifies numerous historical analogues to the City’s transportation restrictions, most of which were not identified in the briefing before the …
Guns In The Private Square,
2020
Boston University School of Law
Guns In The Private Square, Cody Jacobs
Faculty Scholarship
The regulation of guns has been one of the most hotly debated public policy issues in the United States throughout the country’s history. But, up until recently, it has always been just that — a debate about public policy. Two recent developments have changed the landscape and moved the debate about publicly carrying firearms from the realm of public policy, to the realm of private decision-making and private law. First, laws related to publicly carrying firearms have been dramatically loosened throughout the United States to the point that, in the vast majority of states, anyone who is legally allowed to …
A Public Health Law Path For Second Amendment Jurisprudence,
2020
Boston University School of Public Health
A Public Health Law Path For Second Amendment Jurisprudence, Michael Ulrich
Faculty Scholarship
The two landmark gun rights cases, District of Columbia v. Heller and McDonald v. City of Chicago, came down in 2008 and 2010, respectively. In the decade that has followed, two things have become abundantly clear. First, these cases provide little clarity about the nature and scope of Second Amendment rights, resulting in chaos and circuit splits in the lower courts. Second, growing empirical evidence has revealed that, in the background of the debate on individual constitutional rights, a serious gun violence epidemic is intensifying around the country. In one corner, gun rights advocates worry that increased firearm regulation will …
The Constitutional Case For "Red Flag" Laws,
2019
William & Mary Law School
The Constitutional Case For "Red Flag" Laws, Timothy Zick
Popular Media
No abstract provided.
Glorious Revolution To American Revolution: The English Origin Of The Right To Keep And Bear Arms,
2019
United States Court of Appeals for the Ninth Circuit
Glorious Revolution To American Revolution: The English Origin Of The Right To Keep And Bear Arms, Diarmuid F. O'Scannlain
Notre Dame Law Review
It is definitively not my intention to wade into such debates about the wisdom of the Second Amendment or to deal with pending or recent court interpretations. Rather, I want to explore how it came to be and what role British history had in its genesis. For Americans like myself, such history helps us to understand the meaning of our own Constitution. For the Britons, it is a powerful example of how your own constitutional principles shaped the legal landscape of far-flung countries once within the British Empire. And for those simply interested in law as a discipline, irrespective of …
The Urgent Need For Legal Scholarship On Firearm Policy,
2019
Buffalo Law Review
The Urgent Need For Legal Scholarship On Firearm Policy, Dru Stevenson
Buffalo Law Review
Restrictions on federal funding for research pertaining to firearm policy have stymied academic inquiry by social science and public health researchers for over two decades. As a result, most researchers agree that our public discourse about this urgent issue is woefully under-informed, or even ill-informed, on both sides of the debate. Legal academia, which does not operate under the same grant-writing regime as most other disciplines, can and should help fill this gap in researching and theorizing the unresolved questions related to firearm policy. In fact, theoretical development and clarification from the legal academy is often a necessary antecedent for …
The “Weaponization” Of Corpus Linguistics: Testing Heller’S Linguistic Claims,
2019
Brigham Young University Law School
The “Weaponization” Of Corpus Linguistics: Testing Heller’S Linguistic Claims, Josh Jones
Brigham Young University Journal of Public Law
No abstract provided.
A “Justified Need” For The Constitutionality Of “Good Cause” Concealed Carry Provisions,
2019
Fordham University School of Law
A “Justified Need” For The Constitutionality Of “Good Cause” Concealed Carry Provisions, Andrew Kim
Fordham Law Review
The U.S. Supreme Court’s landmark decision in District of Columbia v. Heller held that the prohibition of handguns in the home was unconstitutional and the Court extended this holding to the states through the Fourteenth Amendment in McDonald v. City of Chicago. Through these cases, the Court clarified that the core of the Second Amendment was self-defense. However, it did not specify the scope of this self-defense “core” and left the lower courts with room for interpretation—for example, it is unclear whether and to what extent the Second Amendment applies to the public space. Furthermore, the Supreme Court did …
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Arming America's K-12 Teachers, The Second Amendment And The Gun-Free School Zones Act: A Public Policy Analysis,
2019
Seton Hall University
Arming America's K-12 Teachers, The Second Amendment And The Gun-Free School Zones Act: A Public Policy Analysis, Joseph R. Uliano
Seton Hall University Dissertations and Theses (ETDs)
According to the Second Amendment of the United States Constitution, “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed,” (U.S. Const. amend II), which is the absolute “right of the people.” The Bill of Rights further indicates, “Any right given to the people cannot be revoked by the government, limiting its power over the people.” However, educators and school administrators in most U.S. states must check this fundamental right at the door, as they are governed by their respective state governments …
Suing Guns Out Of Existence?,
2019
Bentley University
Suing Guns Out Of Existence?, Scott R. Thomas, Mystica M. Alexander
Washington and Lee Law Review Online
In an effort to address gun violence, activists and victims’ families have filed lawsuits against the firearms industry seeking damage awards for violence committed by third party unrelated actors. Although Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005 intending to foreclose such lawsuits, since the time of the law’s passage, plaintiffs have brought claims against the firearms industry seeking refuge in an exception embedded in the statute. In a March, 2019 decision, Soto v. Bushmaster Firearms International, LLC, the Connecticut Supreme Court found that the Connecticut Unfair Trade Practices Act fell within an exception …
Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties,
2019
William & Mary Law School
Firearms Law Workshop Mini-Symposium, Part Iii: Framing The Second Amendment: Gun Rights, Civil Rights, And Civil Liberties, Timothy Zick
Popular Media
No abstract provided.
Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent,
2019
William & Mary Law School
Brief Of Constitutional Law Professors As Amici Curiae In Support Of Respondent, Vincent Levy, Timothy Zick, Gregory P. Magarian
Briefs
No abstract provided.
Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws,
2019
Texas A&M University School of Law
Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short
Faculty Scholarship
merican universities are caught in the crosshairs of one of the most polarizing and contentious gun policy debates: whether to allow concealed carry on campus. Ten states have implemented "campus carry" in some form; sixteen new states considered passage last year; and a growing wave of momentum is building in favor of additional adoptions. Despite this push towards campus carry, most states adopting the policy fail to strike an effective balance between the competing rights and interests involved. When states give universities the option to opt out of the law, for example, they almost always do. Other states impose a …
A Public Health Approach To Gun Violence, Legally Speaking,
2019
Boston University School of Public Health
A Public Health Approach To Gun Violence, Legally Speaking, Michael Ulrich
Faculty Scholarship
The call for a public health approach to gun violence has largely ignored what role the nascent Second Amendment jurisprudence will play in hindering change. Given the state interest for infringing on Second Amendment rights is nearly always public safety, public health law doctrine provides an apt framework for analysis.
Gun Control And The Color Of Law,
2019
University of Minnesota Law School
Gun Control And The Color Of Law, Alicia L. Granse
Minnesota Journal of Law & Inequality
No abstract provided.
When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018,
2019
West Virginia University
When The First And Second Amendments Collide: The Free Speech Implications Of West Virginia's Business Liability Protection Act Of 2018, Alex A. Tsiatsos
West Virginia Law Review
No abstract provided.
Gun Safety In The Age Of Kavanaugh,
2019
Proskauer Rose LLP
Gun Safety In The Age Of Kavanaugh, Joseph S. Hartunian
Michigan Law Review Online
This Essay takes stock of the different approaches adopted and advocated for in evaluating constitutional challenges in Second Amendment opinions throughout the country. The author’s hope is that doing so will help highlight the contours for debate when the Supreme Court does finally start to define some of the limits purported to exist by Justice Scalia. Part I analyzes the paths explicitly rejected by Heller I by reviewing the limits considered allowable by Justice Scalia. Part II considers the ongoing debate between the courts on the application of “strict” or “intermediate” scrutiny for Second Amendment challenges. Part III examines then-Judge …
The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law,
2019
Cleveland State University
The Faces Of The Second Amendment Outside The Home, Take Three: Critiquing The Circuit Courts Use Of History-In-Law, Patrick J. Charles
Cleveland State Law Review
This article seeks to critique the circuit courts’ varying history-in-law approaches, as well as to provide advice on the proper role that history-in-law plays when examining the scope of the Second Amendment outside the home. This article sets forth to accomplish this task in three parts. Part I argues why history-in-law is appropriate when adjudicating Second Amendment decisions outside the home. Part II examines the benefits and burdens of utilizing history-in-law as a method of constitutional interpretation, while breaking down the alternative approaches employed by circuit courts when adjudicating Second Amendment decisions outside the home. Lastly, Part III offers practical …
