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377 full-text articles. Page 12 of 14.

Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt 2013 University of Richmond

Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt

Richmond Public Interest Law Review

This comment will delve into this question, seeking to answer whether or not the Constitution allows states to refuse to comply with federal law. This analysis requires the application of a constitutional principle that reaches far beyond the scope of the Right to Bear Arms; it calls into play the vertical separation of powers and the rights belonging to state sovereigns described in the Tenth Amendment. The comment will proceed as follows. Part II will address the constitutionality of House Bill 2340, compared against other kinds of legislation and in light of case law. It will be argued that the ...


The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman 2013 Touro Law Center

The Second Amendment: An Analysis Of District Of Columbia V. Heller, Eileen Kaufman

Touro Law Review

No abstract provided.


Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt 2013 University of Richmond

Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt

Richmond Journal of Law and the Public Interest

This comment will delve into this question, seeking to answer whether or not the Constitution allows states to refuse to comply with federal law. This analysis requires the application of a constitutional principle that reaches far beyond the scope of the Right to Bear Arms; it calls into play the vertical separation of powers and the rights belonging to state sovereigns described in the Tenth Amendment. The comment will proceed as follows. Part II will address the constitutionality of House Bill 2340, compared against other kinds of legislation and in light of case law. It will be argued that the ...


Firearms Policy And The Black Community: An Assessment Of The Modern Orthodoxy, Nicholas J. Johnson 2013 Fordham University School of Law

Firearms Policy And The Black Community: An Assessment Of The Modern Orthodoxy, Nicholas J. Johnson

Faculty Scholarship

The heroes of the modern civil rights movement were more than just stoic victims of racist violence. Their history was one of defiance and fighting long before news cameras showed them attacked by dogs and fire hoses. When Fannie Lou Hamer revealed she kept a shotgun in every corner of her bedroom, she was channeling a century old practice. And when delta share cropper Hartman Turnbow, after a shootout with the Klan, said “I don’t figure I was being non-nonviolent, (yes non-nonviolent) I was just protecting my family”, he was invoking an evolved tradition that embraced self-defense and disdained ...


A Systematic Plan For Firearms Law Reform, Katherine L. Record, Lawrence O. Gostin 2013 Georgetown University Law Center

A Systematic Plan For Firearms Law Reform, Katherine L. Record, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Tragedy after tragedy has drawn the nation’s attention towards gun violence. Yet the murder of 20 school children in Newtown, CT has done more to drive the national dialogue on gun control than any preceding mass shooting, not to mention the endemic murderous violence that plagues city streets day in and out. President Obama has responded by calling on Congress to (1) close background check loopholes; (2) ban assault weapons and high-capacity magazines; and (3) improve mental health services. All of these measures are necessary to curb gun violence. Yet, in a nation with more firearms per capita than ...


The Dormant Second Amendment: Exploring The Rise, Fall, And Potential Resurrection Of Independent State Militias, Michael J. Golden 2013 mg479@law.georgetown.edu

The Dormant Second Amendment: Exploring The Rise, Fall, And Potential Resurrection Of Independent State Militias, Michael J. Golden

Georgetown Law Faculty Publications and Other Works

The term “militia” is polarizing, misunderstood, misapplied, and generally difficult for modern Americans to digest. That is not surprising, given the depth and breadth of American militia history and militias’ substantial evolution over four centuries.

Historically, militia simply refers to a broad-based civic duty to protect one’s fellow citizens from internal and external dangers and is not limited to activities involving firearms. Reestablishing militia’s true meaning and purpose—and reinvigorating independent state militias in the United States to effect that purpose—has the potential to address states’ emerging financial and security gaps and to produce multiple other significant ...


Please Leave Your Shotguns At Home: Chapter 700 Prohibits Openly Carrying Long Guns On California Streets, Roman Edwards 2013 Pacific McGeorge School of Law

Please Leave Your Shotguns At Home: Chapter 700 Prohibits Openly Carrying Long Guns On California Streets, Roman Edwards

McGeorge Law Review

No abstract provided.


Text, History, And Tradition: What The Seventh Amendment Can Teach Us About The Second, Darrell A. H. Miller 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 ...


Firearm Localism, Joseph Blocher 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, Darrell A.H. Miller 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.


Banning High Capacity Magazines: Heller And The Right To Bear Arms, Matthew Eitelberg 2012 UCLA School of Law

Banning High Capacity Magazines: Heller And The Right To Bear Arms, Matthew Eitelberg

Matthew J Eitelberg

The debate over gun control, once moribund, is now the topic of political conversation in state legislatures and in Congress. The massacre of 20 schoolchildren and 6 school employees at Sandy Hook Elementary School has made gun control a very real possibility. One target of recent gun control measures is a prohibition on the sale and manufacture of detachable high-capacity magazines for semiautomatic weapons. Presently, at the state and federal level, legislation has been proposed, or is in the process of being implemented, that would prohibit the sale and manufacture of detachable high-capacity magazines for semiautomatic weapons. Such proposals implicate ...


Good Guys, Ban Guys And Gun Control, Nathan B. Oman 2012 William & Mary Law School

Good Guys, Ban Guys And Gun Control, Nathan B. Oman

Popular Media

No abstract provided.


Guns And Membership In The American Polity, Pratheepan Gulasekaram 2012 College of William & Mary Law School

Guns And Membership In The American Polity, Pratheepan Gulasekaram

William & Mary Bill of Rights Journal

No abstract provided.


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 2012 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, Lawrence Rosenthal 2012 Chapman University School of Law

Originalism In Practice, Lawrence Rosenthal

Indiana Law Journal

No abstract provided.


Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci 2012 University of Salento

Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.


United States V. Reese And Post-Heller Second Amendment Interpretation, E. Garret Barlow 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.


Circolazione Coloniale Del Costituzionalismo, Prof. Michele Carducci 2012 University of Salento

Circolazione Coloniale Del Costituzionalismo, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.


Idee Di Giustizia E Tradizioni Giuridiche, Prof. Michele Carducci 2012 University of Salento

Idee Di Giustizia E Tradizioni Giuridiche, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.


Semantica Storica Dei Formanti Giuridici, Prof. Michele Carducci 2012 University of Salento

Semantica Storica Dei Formanti Giuridici, Prof. Michele Carducci

Michele Carducci Prof.

No abstract provided.


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