Statute
Second Amendment
750 published works
Sentencing Law and Policy
Reviewing big criminal cases lingering as SCOTUS seeks to wrap up a remarkable Term
Entering the current Supreme Court Term last fall (the term known as October Term 2021), the sentencing case that garnered the most attention was US v. Tsarnaev, No. 20-443, concerning the lawfulness…
The Faculty Lounge
Spare Me the Bullshit
Rep. David Cicilline (D-RI) got pretty exercised at Rep. Matt Gaetz (R-FL) in a nine-hour debate over red flag laws. It went like this: Gaetz: [Red flag laws] trample on…
Sentencing Law and Policy
So many depressing stories in a country awash with so many guns
Another week brings news of another horrific mass shooting in the USA, this one ever so depressing because its victims were so many young children murdered at an elementary school. …
Marijuana Law, Policy & Reform
Florida official sues feds, stressing Second Amendment and Rohrabacher-Farr Amendment, on gun purchasing limits for medical marijuana patients
This interesting NBC News piece reports on an interesting new federal lawsuit under the headline "Top Florida Democrat sues Biden administration over marijuana and guns: Agriculture Commissioner Nikki Fried's lawsuit…
TortsProf Blog
Feldman on Public Nuisance and the Second Amendment
Heidi Li Feldman has posted to SSRN Public Nuisance Liability and the Irrelevance of the Second Amendment. The abstract provides:In 2005, the U.S. Congress bestowed on gun makers and sellers broad…
ImmigrationProf Blog
Harvard Law Review Comments on Undocumented Immigrants and the Second Amendment, Particular Social Group in Asylum
Volume 135, issue 4 of the Harvard Law Review has two comments that may be of interest to blog readers:United States v. PerezBy the Harvard Law Review18 U.S.C. § 922(g)(5)…
The Right Coast
Ninth Circuit judge rebukes court: I’ll write your en-banc bad take on the Second Amendment for you HotAir
But as our RedState colleague Streiff points out today, that s where the fun begins. Judge Lawrence Van Dyke authored the controlling opinion, but in an unusual step, wrote a…
The Faculty Lounge
Judge VanDyke’s “Alternative Draft Opinion”
Today's National Law Journal features an article here (access via Lexis; sorry) about an "alternative opinion" written by Judge Lawrence VanDyke of the U.S. Court of Appeals for the Ninth…
Sentencing Law and Policy
Could a SCOTUS Second Amendment ruling undercut onerous and disparate criminal enforcement of gun prohibitions?
I noted in this post back in August, as part of a preview of the major pending SCOTUS Second Amendment case, New York State Rifle & Pistol Association Inc. v.…
Criminal
Could a SCOTUS Second Amendment ruling undercut onerous and disparate criminal enforcement of gun prohibitions?
I noted in this post back in August, as part of a preview of the major pending SCOTUS Second Amendment case, New York State Rifle & Pistol Association Inc. v.…