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Second Amendment

750 published works

  1. Legal Theory Blog

    Alicea on the Founders’ Conception of Rights and Bruen

    By Lawrence B. Solum

    J. Joel Alicea (Catholic University of America (CUA) - Columbus School of Law) has posted Bruen and the Founding-Era Conception of Rights on SSRN. Here is the abstract: New York…

  2. Sentencing Law and Policy

    Noticing "substantial decline in gun violence" since the Supreme Court's <em>Bruen</em> ruling

    By Douglas Berman

    I recall a number of public health researchers and others expressing concern back in summer 2022, right after the Supreme Court's landmark Second Amendment ruling in Bruen, that new changes…

  3. Criminal

    Does new Third Circuit opinion suggest regular drug users are more likely to have Second Amendment rights than ocassional drug users?

    By Douglas Berman

    While I was on the road, a Third Circuit panel handed down a notable new Second Amendment opinion in US v Harris, No. 21-3031 (3d Cir. July 14, 2025) (available…

  4. Legal Readings

    Alan Gura’s Long Fight for the Second Amendment

    By Kiara

    Table of ContentsA Landmark Victory in District of Columbia v. HellerJudge Sullivan’s Ruling: A Bitter RewardThe Reality Behind Gura’s Legal FeesThe Harsh Economics of Constitutional AdvocacyWhy Gura’s Work Matters—Even if…

  5. Philadelphia Criminal Defense Blog

    Pennsylvania Superior Court Vacates Philadelphia Gun Conviction for VUFA § 6108 on Second Amendment Grounds

    By Zak Goldstein

    Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire In a major Second Amendment decision for citizens of Philadelphia, the Pennsylvania Superior Court has declared 18 Pa.C.S. § 6108 unconstitutional as…

  6. Appellate and Supreme Court

    Will federal prohibition on gun possession by unlawful drug users be the next Second Amendment issue taken up by SCOTUS?

    By Douglas Berman

    The question in the title of this post is prompted by this new Marijuana Moment article headlined "Letting Marijuana Users Have Guns Poses ‘A Clear Danger,’ Trump’s Solicitor General Tells…

  7. Sentencing Law and Policy

    Latest SCOTUS order list with notable Second, Fourth and Eighth Amendment developments

    By Douglas Berman

    The Surpreme Court handed down this new order list this morning to kick off what should be an eventful SCOTUS month.  The list is not all that eventful for sentencing…

  8. Gender and the Law Prof Blog

    Tradition and Feminism in Constitutional Rights Adjudication

    By Tracy Thomas

    Highly recommend.Rachel Bayefsky, Tradition and Feminism in Constitutional Rights Adjudication  In recent years, "tradition" has been influentially invoked in constitutional rights adjudication and legal scholarship. The Supreme Court, in contexts ranging…

  9. Legal Theory Blog

    Bayefsky on Tradition and Feminism in Constitutional Rights Adjudication

    By Lawrence B. Solum

    Rachel Bayefsky (University of Virginia School of Law) has posted Tradition and Feminism in Constitutional Rights Adjudication on SSRN. Here is the abstract: In recent years, "tradition" has been influentially…

  10. Legal Theory Blog

    Denning on Brown, Epstein, & Gulati on Post-Bruen Lower Court Decisions

    By Lawrence B. Solum

    Brannon P. Denning (Samford University - Cumberland School of Law) has posted JUDGES, GUNS, AND MAGA on SSRN. Here is the abstract: This is a response to Rebecca Brown, Lee…