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Introducing Sts Scholarship To The Gun Policy Debate In United States Society, Caroline Skinner 2017 Scripps College

Introducing Sts Scholarship To The Gun Policy Debate In United States Society, Caroline Skinner

Scripps Senior Theses

The following thesis will merge the field of legal studies with the field

of Science, Technology, and Society, and will focus on issues surrounding the

gun control debate. The goal is to ultimately bring new light to this hot-

button legal topic through the use of STS scholarship. STS tools and theories,

which have previously been absent from most gun control discussions, have

much to contribute to the discourse in terms of motivating the need for gun

control, fully understanding the user-gun relationship, breaking down

misconceptions about the technology and its role in society, and further

understanding the complex societal ...


Preface: The Second Generation Of Second Amendment Law & Policy, Eric M. Ruben, Darrell A. H. Miller 2017 Southern Methodist University, Dedman School of Law

Preface: The Second Generation Of Second Amendment Law & Policy, Eric M. Ruben, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Justifying Perceptions In First And Second Amendment Doctrine, Eric Ruben 2017 Southern Methodist University, Dedman School of Law

Justifying Perceptions In First And Second Amendment Doctrine, Eric Ruben

Faculty Scholarship

Public perceptions often motivate policymakers. But what is the role of perceptions in defending regulations challenged as violating constitutional rights? This article explores how First and Second Amendment doctrine answer that question.

First Amendment free speech doctrine deploys categorical rules and balancing tests to determine the constitutionality of speech restrictions seeking to shape various perceptions. The resulting discrepancies, the article contends, can be explained by motive-based theories of First Amendment doctrine.

In the Second Amendment context, how to handle perception-based regulations remains an open question. Some courts have held that firearm restrictions can pass muster if they preserve the public ...


Guns On Campus: A Look At The First Year Of Concealed Carry At Texas Universities, Aric K. Short 2017 Texas A&M University School of Law

Guns On Campus: A Look At The First Year Of Concealed Carry At Texas Universities, Aric K. Short

Faculty Scholarship

After years of failed attempts, the Texas Legislature passed "campus carry" in 2015. Under the new law, effective in 2016 for four-year institutions, public universities must allow the concealed carry of handguns by license holders on their premises. Texas's campus carry law is unique when compared to other states that allow concealed carry on college campuses: each university is given the flexibility to create weapons implementation plans, including the establishment of limited gun-free zones. The first year of campus carry implementation by Texas universities has been relatively quiet, with generally uniform implementation rules established by colleges across the state ...


Fear And Firearms, Darrell A. H. Miller 2017 Duke Law School

Fear And Firearms, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Disarming State Action; Discharging State Responsibility, Zanita E. Fenton 2017 University of Miami School of Law

Disarming State Action; Discharging State Responsibility, Zanita E. Fenton

Articles

No abstract provided.


The Second Amendment And “The People”: Who Has The Right To Bear Arms?, 51 J. Marshall L. Rev. 199 (2017), Kasim Carbide 2017 John Marshall Law School

The Second Amendment And “The People”: Who Has The Right To Bear Arms?, 51 J. Marshall L. Rev. 199 (2017), Kasim Carbide

The John Marshall Law Review

No abstract provided.


The Second Amendment Burden: Arming Courts With A Workable Standard For Reviewing Gun Safety Legislation, Melanie Kalmanson 2016 Florida State University College of Law

The Second Amendment Burden: Arming Courts With A Workable Standard For Reviewing Gun Safety Legislation, Melanie Kalmanson

Florida State University Law Review

Two controversial topics; one framework. Jurisprudence surrounding the Second Amendment to the U.S. Constitution lacks a workable standard under which courts are to review gun control legislation. This Note presents an intersectional argument whereby the abortion “undue burden” framework is applied to Second Amendment legislation. Through this approach of applying the abortion framework to gun control legislation, like those recently proposed or discussed, this Note argues that these provisions would likely be constitutional. Though abortion is at the center of this discussion, this Note does not aim to contribute to discourse concerning reproductive rights and accepts prima facie the ...


Newsroom: Time: Bogus On Second Amendment 09/28/2016, Arica L. Coleman, Roger Williams University School of Law 2016 TIME Magazine

Newsroom: Time: Bogus On Second Amendment 09/28/2016, Arica L. Coleman, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Undocumented Immigrants Caught In The Crossfire: Resolving The Circuit Split On “The People” And The Applicable Level Of Scrutiny For Second Amendment Challenges, Maria Stracqualursi 2016 Boston College Law School

Undocumented Immigrants Caught In The Crossfire: Resolving The Circuit Split On “The People” And The Applicable Level Of Scrutiny For Second Amendment Challenges, Maria Stracqualursi

Boston College Law Review

The circuits are currently split as to whether undocumented immigrants are entitled to Second Amendment rights. In 2015, the U.S. Court of Appeals for the Seventh Circuit in U.S. v. Meza-Rodriguez became the first circuit to explicitly hold that undocumented immigrants are part of “the people” referred to in the U.S. Constitution. This case added to the recent explosion in Second Amendment jurisprudence, in which courts have toiled with the scope of the right and what level of scrutiny to apply to constitutional challenges. This Note argues that the U.S. Supreme Court erred in failing to ...


Guns And Alienage: Correcting A Dangerous Contradiction, D. McNair Nichols Jr. 2016 Washington and Lee University School of Law

Guns And Alienage: Correcting A Dangerous Contradiction, D. Mcnair Nichols Jr.

Washington and Lee Law Review

No abstract provided.


21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell 2016 Notre Dame Law School

21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell

Mary Ellen O'Connell

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.


Withdrawing A License To Kill: Why American Law Should Jettison “Stand Your Ground” And Adopt The English Approach To Retreat, Franklin Stockdale 2016 Boston College Law School

Withdrawing A License To Kill: Why American Law Should Jettison “Stand Your Ground” And Adopt The English Approach To Retreat, Franklin Stockdale

Boston College International and Comparative Law Review

The justification of self-defense generally allows the use of a reasonable amount of force when a victim of an attack has a reasonable belief that the use of force is necessary in order to prevent an imminent harm. For centuries, the justification of self-defense included a duty of the victim—or defendant—to retreat before resorting to force. Today in the United States, this duty has been eliminated entirely in many jurisdictions. In England, however, the duty has not been done away with but has, instead, been incorporated into the reasonableness aspect of self-defense, which evaluates whether the amount of ...


Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky 2016 Roger Williams University School of Law

Trending @ Rwu Law: Dean Yelnosky's Post: What The Tragedy In Orlando Means For Rwu Law 6/17/2016, Michael Yelnosky

Law School Blogs

No abstract provided.


The Faces Of The Second Amendment Outside The Home, Take Two: How We Got Here And Why It Matters, Patrick J. Charles 2016 Cleveland State University

The Faces Of The Second Amendment Outside The Home, Take Two: How We Got Here And Why It Matters, Patrick J. Charles

Cleveland State Law Review

Since the late twentieth century, the Second Amendment has been increasingly promoted as the unfettered right to carry firearms in the public concourse. This expansive meaning, however, lacks historical support. Historical evidence reveals a disparity between the Anglo-American origins of armed carriage laws and present-day interpretations of the Second Amendment. The historical backdrop also reveals the impact pro-gun organizations have had on the expansion of armed carriage. Differences in state armed carriage laws, analyzed from both historical and regional perspectives, will one day require the Supreme Court to determine which version of history should dictate the meaning of the Second ...


Up In Arms: The Hunt To Define The Second Amendment's Scope, Holly E. Jones 2016 Villanova University Charles Widger School of Law

Up In Arms: The Hunt To Define The Second Amendment's Scope, Holly E. Jones

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Peerless Second Amendment: Why Gun Control Laws Remain Unaffected After Heller And Mcdonald, Claire Hogan 2016 Trinity College, Hartford Connecticut

The Peerless Second Amendment: Why Gun Control Laws Remain Unaffected After Heller And Mcdonald, Claire Hogan

Senior Theses and Projects

No abstract provided.


The Real Danger Of Guns In Schools, Sonja R. West 2016 University of Georgia School of Law

The Real Danger Of Guns In Schools, Sonja R. West

Popular Media

This article that first appeared at Slate.com on March 22, 2016, looks at Georgia's "Campus Carry" Legislation. This legislation permits "any [firearm] license holder when he or she is in or on any building or real property owned by or leased to any public technical school, vocational school, college, university, or other institution of postsecondary education."


History, Heller, And High-Capacity Magazines: What Is The Proper Standard Of Review For Second Amendment Challenges?, Lindsay Colvin 2016 Fordham University School of Law

History, Heller, And High-Capacity Magazines: What Is The Proper Standard Of Review For Second Amendment Challenges?, Lindsay Colvin

Fordham Urban Law Journal

No abstract provided.


Second Amendment Standards Of Review In A Heller World, Nelson Lund 2016 George Mason University School of Law

Second Amendment Standards Of Review In A Heller World, Nelson Lund

Fordham Urban Law Journal

No abstract provided.


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