Statute
Second Amendment
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Constitutional Law Prof Blog
Rosenthal on the Original Understanding of Privileges or Immunities and Incorporation
By ConLawProf initials at end of post
Professor Lawrence Rosenthal (Chapman) just posted The New Originalism Meets the Fourteenth Amendment: Original Public Meaning and the Problem of Incorporation on ssrn. The piece is forthcoming in the Journal…
Sentencing Law and Policy
The lack of originalist justification for excluding felons from the Second Amendment
Main March 9, 2009The lack of originalist justification for excluding felons from the Second AmendmentI just saw on SSRN this notable article by Carlton Larson about the Supreme Court's work…
The Right Coast
Con Law Prof Jim Viator Scores One for the Second Amendment Gail Heriot
Well, I'm a few years late in telling this story, but it really deserves to be told ....When drug addicts can't get their drugs, they can get very ugly. And…
The Right Coast
Jim Viator, Second Amendment Hero Gail Heriot
When heroin addicts can't get heroin, they can get very ugly. And they start showing up at places where they think they can get their methadone--like hospitals. They was one…
Sentencing Law and Policy
NY Timeseditorial notes Second Amendment silence inHayes
Main February 28, 2009NY Times editorial notes Second Amendment silence in HayesWhile praising the Supreme Court's work in Hayes week, this New York Times editorial highlights the fact that the…
Sentencing Law and Policy
GivenHayes, can jurisdictions criminalize gun possession by any misdemeanant?
Main February 25, 2009Given Hayes, can jurisdictions criminalize gun possession by any misdemeanant?The failure of any Justice to even mention the Second Amendment or Heller or the statutory interpretation canon…
Sentencing Law and Policy
SCOTUS undercuts constitutional gun rights inHayeswithout even mentioningHelleror Second Amendment
Main February 24, 2009SCOTUS undercuts constitutional gun rights in Hayes without even mentioning Heller or Second AmendmentAs regular readers know, I have been watching the Hayescase involving a federal statute…
Sentencing Law and Policy
Seventh Circuit gives short shrift to drug dealer’sHellerclaim
Main February 18, 2009Seventh Circuit gives short shrift to drug dealer's Heller claimThough the result is not at all surprising, the Seventh Circuit's decision today discussing Heller is still notable…
Constitutional Law Prof Blog
Heller, incorporation, the Second Circuit, and nunchaku
By ConLawProf initials at end of post
In another opinion refusing to incorporate the Second Amendment to the states, the Second Circuit considered a challenge to a charge of possessing a chuka stick in violation of N.Y.…
Sentencing Law and Policy
A request for a commutation for Weldon Angelos
Main January 16, 2009A request for a commutation for Weldon AngelosRegular readers will recall the name Weldon Angelos; Angelos was sentenced nearly five years ago to a federal mandatory minimum…