Statute
Second Amendment
750 published works
Sentencing Law and Policy
“Can you think of another constitutional right that can be suspended based upon a misdemeanor violation of a State law?”
Main February 29, 2016"Can you think of another constitutional right that can be suspended based upon a misdemeanor violation of a State law?"The question in the title of this post…
Constitutional Law Prof Blog
Supreme Court’s Oral Argument in Voisine: Does Justice Thomas believe there is a Second Amendment issue?
Professor Ruthann Robson, City University of New York (CUNY) School of LawToday's oral argument in Voisine v. United States centers on the statutory construction of 18 U.S.C. § 921(a)(33)(A) which…
Gender and the Law Prof Blog
Justice Thomas Breaks 10-Year Silence to Question Federal Ban on Guns in Domestic Violence
By Tracy Thomas
CNN, Justice Clarence Thomas Breaks 10-Year Streak The question in the case that piqued Thomas's interest Monday, Voisine v. United States: Is a prior domestic assault conviction based upon reckless conduct a…
Sentencing Law and Policy
So shocking and so sad: “Antonin Scalia, Supreme Court justice, dies at 79”
Main February 13, 2016So shocking and so sad: "Antonin Scalia, Supreme Court justice, dies at 79"My otherwise calm afternoon of watching college basketball and trying to work on a death…
Sixth Circuit Appellate Blog
Fourth Circuit Joins Sixth Circuit In Applying Strict Scrutiny To Gun Restriction
We’ve previously reported on the Tyler case, in which the Sixth Circuit became the first circuit to apply strict scrutiny to a firearms restriction (and to hold it unconstitutional as applied to…
Constitutional Law Prof Blog
Fourth Circuit Applies Strict Scrutiny to Maryland Assault Weapon Ban
Steven D. Schwinn, John Marshall Law SchoolA sharply divided panel of the Fourth Circuit ruled this week that Maryland's assault-weapon ban is subject to the most stringent constitutional test, strict…
Sentencing Law and Policy
How many fundamental rights in the Bill of Rights can be uniquely regulated for adults under 21?
Main December 15, 2015How many fundamental rights in the Bill of Rights can be uniquely regulated for adults under 21?The answer to the question in the title of this post…
The Right Coast
Gun Culture & Second Amendment — Left’s Cries of Bigotry Won’t Work | National Review Online
Boiled down to its essence, gun owners perceive the Left to be telling them that they re terrible people for wanting to defend their families. They perceive the Left to…
The Legal Whiteboard
Constitutional Pilpul (Or The Second Amendment and Why I Despair of Reason)
By Jeff Lipshaw
After almost sixty years devoted to the life of the mind, it has come to this. I despair of reason. Or at least in what passes nowadays for public discourse,…
The Right Coast
Should people on the no-fly list be able to buy guns? Yes. – LA Times
One problem is that the people on the no-fly list (as well as the broader terror watch list from which it is drawn) have not been convicted of doing anything…