Tag: Second Amendment

Hidden or on the Hip: The Right(s) to Carry After Heller

James Bishop

The right to carry a loaded firearm—either openly or concealed—has never been more controversial.  The country is still reeling from shootings in Florida and Arizona by gunmen who obtained and carried their weapons in accordance with permissive state laws, and a national debate is raging over self-defense and access to handguns. …READ MORE » Read More »

A Cautionary Note to Readers of Professor Volokh’s “Cautionary Note”

Pratheepan Gulasekaram - Santa Clara University School of Law

[Editor's note: This comment is in response to a comment by Professor Eugene Volokh on following law review article: Pratheepan Gulasekaram, "The People" of the Second Amendment: Citizenship and the Right To Bear Arms, 85 N.Y.U. L. REV. 1521 (2010). Professor Volokh's comment is also available on the Legal Workshop.]… Read More »

A Cautionary Note for Readers of “The People” of the Second Amendment: Citizenship and the Right To Bear Arms

Eugene Volokh - UCLA School of Law

[Editor's note: This comment is in response to the following law review article: Pratheepan Gulasekaram, "The People" of the Second Amendment: Citizenship and the Right To Bear Arms, 85 N.Y.U. L. REV. 1521 (2010). Professor Gulasekaram's response is also available on the Legal Workshop.]
I read with interest “The People”… Read More »

A Third Way: The Presidential Nonsigning Statement

Ross Wilson

Introduction
In my Note, I propose an alternative to the presidential signing statement that has been hotly debated in the literature in recent years.  By re-examining an often-forgotten constitutional method for enacting laws, I conclude that when the President has certain doubts about the constitutionality of a bill Congress has… Read More »

Nonlethal Self-Defense, (Almost Entirely) Nonlethal Weapons, and the Rights to Keep and Bear Arms and Defend Life

Eugene Volokh - UCLA School of Law

Owning a stun gun or Taser is a crime in seven states and several cities. Carrying irritant sprays, such as pepper spray or Mace, is probably illegal in several jurisdictions. Even possessing irritant sprays at home is illegal in Massachusetts if you’re not a citizen.
Yet in most of these… Read More »

Heller’s Problematic Second Amendment Categoricalism

Joseph Blocher - Duke University School of Law

Until very recently, Second Amendment scholarship has focused almost exclusively on the question of whether the amendment protects an “individual” right to bear arms unrelated to any militia service.  In District of Columbia v. Heller, the Supreme Court answered this question in the affirmative for the first time.  But operationalizing that… Read More »

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