Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk,
2013
Benjamin N. Cardozo School of Law
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk, Michelle Foody
Cardozo Law Review de•novo
Part I of this Note provides background on the Act at issue, its legislative history, the current status of the Supreme Court’s free speech jurisprudence, and it also introduces the constitutional interests at stake. Part II considers the constitutionality of the Act under the existing First Amendment standard and addresses the State’s assertions under the Second Amendment. Part III proposes that the Court’s standard ought to be recalibrated, taking into account the would-be listeners’ cognizable interest in the information. Part III goes on to legitimate the proposal by reconciling this new examination standard with existing free speech jurisprudence and justifications, …
Text, History, And Tradition: What The Seventh Amendment Can Teach Us About The Second,
2013
Duke Law School
Text, History, And Tradition: What The Seventh Amendment Can Teach Us About The Second, Darrell A. H. Miller
Faculty Scholarship
In District of Columbia v. Heller and McDonald v. City of Chicago, the Supreme Court made seemingly irreconcilable demands on lower courts: evaluate Second Amendment claims through history, avoid balancing, and retain as much regulation as possible. To date, lower courts have been unable to devise a test that satisfies all three of these conditions. Worse, the emerging default candidate, intermediate scrutiny, is a test that many jurists and scholars consider exceedingly manipulable.
This Article argues that courts could look to the Supreme Court’s Seventh Amendment jurisprudence, and in particular the Seventh Amendment’s “historical test,” to help them devise a …
Firearm Localism,
2013
Duke Law School
Firearm Localism, Joseph Blocher
Faculty Scholarship
Second Amendment doctrine is largely becoming a line-drawing exercise, as courts try to determine which “Arms” are constitutionally protected, which “people” are permitted to keep and bear them, and in which ways those arms and people can be regulated. But the developing legal regime has yet to account for one potentially significant set of lines: the city limits themselves. In rural areas, gun crime and gun control are relatively rare, and gun culture is strong. In cities, by contrast, rates of violent gun crime are comparatively high, and opportunities for recreational gun use are scarce. And from colonial Boston to …
Analogies And Institutions In The First And Second Amendments: A Response To Professor Magarian,
2013
Duke Law School
Analogies And Institutions In The First And Second Amendments: A Response To Professor Magarian, Darrell A.H. Miller
Faculty Scholarship
In this essay, Professor Darrell Miller responds to Professor Gregory Magarian's criticism of the manner in which judges, advocates, and scholars have used the First Amendment to frame Second Amendment interpretive questions.
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women,
2013
Missouri Columbia School of Law
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women, Sarah C. Ayres
Cardozo Journal of Equal Rights & Social Justice
The article argues for the expansion of rape shield laws to civil cases involving orders of protection, asserting that the exclusion of evidence regarding consensual sex between a victim and her abuser is crucial to counteract prejudicial stereotypes and provide better legal protection for battered women.
Good Guys, Bad Guys And Gun Control,
2012
William & Mary Law School
Good Guys, Bad Guys And Gun Control, Nathan B. Oman
Popular Media
No abstract provided.
Guns And Membership In The American Polity,
2012
William & Mary Law School
Guns And Membership In The American Polity, Pratheepan Gulasekaram
William & Mary Bill of Rights Journal
No abstract provided.
Touro Law Center
Guns And Ammo: For Convicted Americans Viewing Pictures Of Others Enjoying Their Constitutional Right To Bear Arms In A Magazine Is The Closest They Will Ever Get To Seeing The Second Amendment At Work - People V. Hughes, Ronald P. Perry
Touro Law Review
No abstract provided.
Originalism In Practice,
2012
Chapman University School of Law
United States V. Reese And Post-Heller Second Amendment Interpretation,
2012
Brigham Young University Law School
United States V. Reese And Post-Heller Second Amendment Interpretation, E. Garret Barlow
BYU Law Review
No abstract provided.
Toward A Future, Wiser Court: A Blueprint For Overturning District Of Columbia V. Heller,
2012
Constantine Cannon
Toward A Future, Wiser Court: A Blueprint For Overturning District Of Columbia V. Heller, Richard M. Aborn, Marlene Koury
Fordham Urban Law Journal
No abstract provided.
A Second Amendment Quartet - Heller And Mcdonald In The Lower Courts - Introduction,
2012
University of Maryland Francis King Carey School of Law
A Second Amendment Quartet - Heller And Mcdonald In The Lower Courts - Introduction, Stephen Kiehl
Maryland Law Review
No abstract provided.
Decisional Minimalism And The Judicial Evaluation Of Gun Regulations,
2012
University of Maryland School of Law
Decisional Minimalism And The Judicial Evaluation Of Gun Regulations, Richard C. Boldt
Maryland Law Review
No abstract provided.
The Woollard Decision And The Lessons Of The Trayvon Martin Tragedy,
2012
University of Maryland Francis King Carey School of Law
The Woollard Decision And The Lessons Of The Trayvon Martin Tragedy, Dennis A. Henigan
Maryland Law Review
No abstract provided.
What A Balancing Test Will Show For Right-To-Carry Laws,
2012
University of Maryland Francis King Carey School of Law
What A Balancing Test Will Show For Right-To-Carry Laws, John R. Lott Jr.
Maryland Law Review
No abstract provided.
Mcdonald’S Paradoxical Legacy: State Restrictions Of Non-Citizens’ Gun Rights,
2012
University of Maryland Francis King Carey School of Law
Mcdonald’S Paradoxical Legacy: State Restrictions Of Non-Citizens’ Gun Rights, David S. Cohen
Maryland Law Review
No abstract provided.
Second Things First: What Free Speech Can And Can’T Say About Guns,
2012
Duke Law School
Second Things First: What Free Speech Can And Can’T Say About Guns, Joseph Blocher
Faculty Scholarship
Professor Blocher responds to Gregory Magarian’s article on the implications of the First Amendment for the Second.
The Faces Of The Second Amendment Outside The Home: History Versus Ahistorical Standards Of Review,
2012
Cleveland State University
The Faces Of The Second Amendment Outside The Home: History Versus Ahistorical Standards Of Review, Patrick J. Charles
Cleveland State Law Review
This article disagrees that the courts need to reinvent or recast the Second Amendment outside the home to reflect its “fundamental” status as recognized in Heller and McDonald. The history of public arms regulation already provides significant guideposts for the courts to adjudicate the right to “keep and bear arms” in public. To accomplish this, it requires placing history in context and not letting mythical interpretations or historical assumptions to permeate.Thus, this article begins by decoding the public carrying of arms as the founding generation would have understood it. It provides substantiating historical evidence that counters the mythical meanings of …
Speaking Truth To Firepower: How The First Amendment Destabilizes The Second,
2012
Washington University in St. Louis School of Law
Speaking Truth To Firepower: How The First Amendment Destabilizes The Second, Gregory P. Magarian
Scholarship@WashULaw
When the Supreme Court in District of Columbia v. Heller declared that the Second Amendment protects an individual right to keep and bear arms, it set atop the federal judicial agenda the critical task of elaborating the new right’s scope, limits, and content. Following Heller, commentators routinely draw upon the First Amendment’s protections for expressive freedom to support their proposals for Second Amendment doctrine. In this article, Professor Magarian advocates a very different role for the First Amendment in explicating the Second, and he contends that our best understanding of First Amendment theory and doctrine severely diminishes the Second Amendment’s …
You Kill Me: Why I Don’T Want To Live Around People With Guns,
2012
New York Law School
You Kill Me: Why I Don’T Want To Live Around People With Guns, Brandt Goldstein
Other Publications
No abstract provided.
