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The Odious Intellectual Company Of Authority Restricting Second Amendment Rights To The “Virtuous”, Royce de R. Barondes 2021 University of Missouri School of Law

The Odious Intellectual Company Of Authority Restricting Second Amendment Rights To The “Virtuous”, Royce De R. Barondes

Faculty Publications

To the woes of the victims of American over-criminalization, we can add deprivation of the suitable tools for self-defense during national emergency and civil unrest. Federal law disarms “unlawful users” of controlled substances (including medical marijuana), and imposes a permanent firearms ban on substantially all those with prior felony convictions. A notable exception is made for white-collar criminals with felony violations of antitrust and certain business practice statutes.

The constitutionality of these restrictions typically is founded on the view that one is tainted as “non-virtuous” for any serious criminal conviction, which includes any felony conviction. Using extensive sampling, this article ...


Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Enough Is As Good As A Feast, Noah C. Chauvin 2020 Seattle University School of Law

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ...


Second Amendment Sanctuaries, Shawn E. Fields 2020 Northwestern Pritzker School of Law

Second Amendment Sanctuaries, Shawn E. Fields

Northwestern University Law Review

The term “sanctuary” has long expressed a sympathy for immigrants’ rights and resistance to federal immigration enforcement. Recently, the word has become associated with another divisive political topic, as local governments have begun declaring themselves “Second Amendment Sanctuaries” in defiance of statewide gun-control measures they deem unconstitutional. This gun-rights resistance movement not only flips the political script on the nature of sanctuaries, but also presents important and challenging questions about local–state power sharing, the proper scope of “subfederal commandeering,” and the role of coordinate branches in constitutional decision-making. This Article provides the first scholarly treatment of Second Amendment Sanctuaries ...


The Gun Subsidy, Christian Turner, Justin C. Van Orsdol 2020 University of Georgia School of Law

The Gun Subsidy, Christian Turner, Justin C. Van Orsdol

Buffalo Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Ethical Issues With Lawyers Openly Carrying Firearms, Dru Stevenson 2020 South Texas College of Law

Ethical Issues With Lawyers Openly Carrying Firearms, Dru Stevenson

St. Mary's Journal on Legal Malpractice & Ethics

Ethical concerns arise when lawyers openly carry firearms to adversarial meetings related to representation, such as depositions and settlement negotiations. Visible firearms introduce an element of intimidation, or at least the potential for misunderstandings and escalation of conflicts. The adverse effects of openly carried firearms can impact opposing parties, opposing counsel, the lawyer’s potential clients, witnesses, and even judges and jurors encountered outside the courtroom. The ABA’s Model Rules of Professional Conduct in their current form include provisions that could be applicable, such as rules against coercion and intimidation, but there is no explicit reference to firearms. Several ...


Examining How Stricter Firearm Laws Lower Mortality Rates In The United States, Amanda Kelley 2020 University of North Georgia

Examining How Stricter Firearm Laws Lower Mortality Rates In The United States, Amanda Kelley

Honors Theses

Examining How Stricter Firearm Laws Lower Mortality Rates in the United States

A Thesis Submitted to the Faculty of the University of North Georgia In Partial Fulfillment Of the Requirements for the Degree Bachelor of Science in Criminal Justice with Forensics Concentration With Honors


Requiring The Bare Minimum: A Legislative Proposal For Congress To Use Dole Funding Incentives To Establish A Minimum Education And Training Requirement For Citizens Who Wish To Carry Concealed Firearms, Josh Matushin 2020 University of St. Thomas, Minnesota

Requiring The Bare Minimum: A Legislative Proposal For Congress To Use Dole Funding Incentives To Establish A Minimum Education And Training Requirement For Citizens Who Wish To Carry Concealed Firearms, Josh Matushin

University of St. Thomas Law Journal

No abstract provided.


Assault On The Constitution: Why The Southern District Of California Got It Right, Robert F. Brawner II 2020 Georgia State University College of Law

Assault On The Constitution: Why The Southern District Of California Got It Right, Robert F. Brawner Ii

Georgia State University Law Review

This Note will examine and analyze the tests applied by federal courts that have heard similar cases, culminating with the recent decision in the Southern District of California, Duncan v. Becerra. In Part I, this Note provides the context surrounding the current bill being considered by Congress and examines Supreme Court and federal circuit court cases addressing this issue. Part II provides analysis of application of the tests applied by the federal courts. Part III argues that the Supreme Court should adopt Judge Benitez’s reasoning laid out in Duncan and apply his test to any Second Amendment challenge to ...


Held Accountable: Should Gun Manufacturers Be Held Liable For The Criminal Use Of Their Products, Benjamin Caryan 2020 Pepperdine University

Held Accountable: Should Gun Manufacturers Be Held Liable For The Criminal Use Of Their Products, Benjamin Caryan

The Journal of Business, Entrepreneurship & the Law

This comment starts with a review of the most stringent laws currently enacted. After going over what is enacted, it will discuss the reasons given as to why gun manufacturers should be held liable and under what theories, including tort liability and public nuisance theories. Next, it will cover novel approaches to the strict liability, including arguments like negligent distribution, entrustment, and marketing. It will discuss similarities between the tobacco, automobile, and alcohol industry with the firearms industry. It will then go over how the recent push for gun legislation affected the sale and purchase of firearms. Lastly, to summarize ...


A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone 2020 College of the Holy Cross

A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone

College Honors Program

This thesis centers on the interrelationships and differences in firearm legislation and culture within the United States of America and Australia. As a result of the Port Arthur Massacre on April 28, 1996, Australia was faced with an unprecedented mass shooting that completely shifted Australian politics and culture regarding firearm safety and availability. Thus, the thesis inquiries into the effectiveness of Australia’s buyback program as well as the cultural and political factors that allowed for such legislation to be passed. After suffering 118 mass shootings in the U.S. since 1982, the history of the United States regarding gun ...


Constitutional Conflict And Sensitive Places, Darrell A. H. Miller 2020 William & Mary Law School

Constitutional Conflict And Sensitive Places, Darrell A. H. Miller

William & Mary Bill of Rights Journal

No abstract provided.


Political And Non-Political Speech And Guns, Gregory P. Magarian 2020 William & Mary Law School

Political And Non-Political Speech And Guns, Gregory P. Magarian

William & Mary Bill of Rights Journal

No abstract provided.


Doctrinal Dynamism, Borrowing, And The Relationship Between Rules And Rights, Joseph Blocher, Luke Morgan 2020 William & Mary Law School

Doctrinal Dynamism, Borrowing, And The Relationship Between Rules And Rights, Joseph Blocher, Luke Morgan

William & Mary Bill of Rights Journal

The study of “Rights Dynamism,” exemplified in Timothy Zick’s new book on the First Amendment’s relationship with the rest of the Bill of Rights, can enrich our understanding of constitutional rights. It also opens a door to another potentially fruitful arena: what we call “Doctrinal Dynamism.” Constitutional rights often interact and generate new meanings and applications by way of importing and exporting one another’s doctrinal rules, even when the rights themselves do not intersect directly in the context of a single case. Focusing on these doctrinal exchanges can illuminate the strengths and weaknesses of various rules, the ...


Young V. Hawaii: A Dangerous Precedent, Michael Jimenez 2020 Loyola Marymount University and Loyola Law School

Young V. Hawaii: A Dangerous Precedent, Michael Jimenez

Loyola of Los Angeles Law Review

No abstract provided.


Working To Prevent Gun Violence In The United States: The Role Of Policy & Advocacy, Allison Popovits 2020 Dominican University of California

Working To Prevent Gun Violence In The United States: The Role Of Policy & Advocacy, Allison Popovits

Political Science & International Studies | Senior Theses

There are several laws in place regarding the legal purchase and possession of firearms in the United States (Giffords Law Center, 2020). There are also laws regarding the prohibited purchase and possession of firearms (Giffords Law Center, 2020). Yet, prohibited persons purchase and possess firearms regularly (Giffords Law Center, 2020). This happens because there are loopholes in the law (Brady United, 2020). For example, federal law requires background checks for gun purchases from licensed firearm dealers, but not at gun shows where sellers may not be licensed. This means that a felon (prohibited purchaser and possessor) buying a gun from ...


“Red Flag” Laws: How Law Enforcement’S Controversial New Tool To Reduce Mass Shootings Fits Within Current Second Amendment Jurisprudence, Coleman Gay 2020 Boston College Law School

“Red Flag” Laws: How Law Enforcement’S Controversial New Tool To Reduce Mass Shootings Fits Within Current Second Amendment Jurisprudence, Coleman Gay

Boston College Law Review

In the face of increased gun violence and mass shootings in the United States, so-called “red flag” laws have become a new and popular tool for protecting public safety. The laws are gaining momentum in state houses around the country because they provide law enforcement with a means to expeditiously remove firearms from potentially dangerous individuals—regardless of the individual’s criminal record and mental health history. Thus far, the laws are a magnet for constitutional challenges—including claims that the laws violate the Second Amendment to the U.S. Constitution. This Note provides a historical and legal background of ...


State V. Brown: How Limited A Right To Keep And Bear Arms?, June A. Jackson 2020 University of Maine School of Law

State V. Brown: How Limited A Right To Keep And Bear Arms?, June A. Jackson

Maine Law Review

Most state constitutions contain a clause guaranteeing a right to keep and bear arms. With gun control legislation on the rise, these state constitutional guarantees have come under increasing scrutiny. In State v. Brown defendant Edward Brown, a convicted felon, challenged the Maine statute that forbade him to possess firearms on the ground that it violated his state constitutional right to bear arms. Similar statutes around the country limit the right to bear arms in various ways. Case law has tended to uphold these limitations and to establish that the right to bear arms is a limited right at best ...


Shooting America Straight: Why The Time Is Now For The Supreme Court To Fortify Gun Rights In America Post-Heller, Garrett Cleveland 2020 Texas A&M University School of Law (Student)

Shooting America Straight: Why The Time Is Now For The Supreme Court To Fortify Gun Rights In America Post-Heller, Garrett Cleveland

Texas A&M Law Review

Since the landmark cases of District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010, the Supreme Court has declined to hear any of the many current cases that present an opportunity to address the Second Amendment. As a result, the lower courts have largely eroded firearm rights in many regions of the United States. It is thus imperative that the Supreme Court grant certiorari to a Second Amendment-related case to clarify certain aspects of Heller, or the lower courts will continue to treat the Second Amendment as a disfavored right. Essentially, the lower courts ...


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