Statute
Second Amendment
750 published works
Legal Theory Blog
Larsen on History and Precedent
Alli Orr Larsen (William & Mary Law School) has posted Is History Precedent? (78 Stan. L. Rev._(forthcoming 2026)) on SSRN. Here is the abstract: It has been just over two…
Public Law Research Blog
CONSTITUTIONAL LAW/SECOND AMENDMENT: United States Supreme Court Allows Statutory Ban on Possession of Firearms by Persons Subject to Domestic Violence Restraining Order
By ahemenwaynlrg-com-anne-b-hemenway
Anne Hemenway—Senior Attorney In United States v. Rahimi, 144 S. Ct. 1889, 219 L. Ed. 2d 351 (2024), the United States Supreme Court, in an unusual nearly unanimous 8-1…
Appellate and Supreme Court
Latest SCOTUS order list full of intrigue while engaging Second, Fourth and Sixth Amendment (originalist?) jurisprudence
The US Supreme Court is back in action with oral arguments this week after nearly a month off, and today's action starts with this lengthy new order list. Running 58…
Sentencing Law and Policy
Latest SCOTUS order list full of intrigue while engaging Second, Fourth and Sixth Amendment (originalist?) jurisprudence
The US Supreme Court is back in action with oral arguments this week after nearly a month off, and today's action starts with this lengthy new order list. Running 58…
ImmigrationProf Blog
Immigration Article of the Day: The Second Amendment Rights of Undocumented Immigrants by Alan Mygatt-Tauber
The Second Amendment Rights of Undocumented Immigrants by Alan Mygatt-TauberAbstractIn 2008’s District of Columbia v. Heller, the Supreme Court, for the first time, held that the Second Amendment protects an individual right to…
Sentencing Law and Policy
Third Circuit panel states "Second Amendment’s touchstone is dangerousness" when remanding rights claim by person with multiple gambling-related offenses
A helpful lawyer made sure I saw this week's important new ruling by a Third Circuit panel in Pitsilides v. Barr, No. 21-3320 (3d Cir. Feb. 10, 2025) (available here). …
Criminal
Third Circuit panel states “Second Amendment’s touchstone is dangerousness” when remanding rights claim by person with multiple gambling-related offenses
A helpful lawyer made sure I saw this week's important new ruling by a Third Circuit panel in Pitsilides v. Barr, No. 21-3320 (3d Cir. Feb. 10, 2025) (available here). …
Sentencing Law and Policy
Might Trump's Justice Department conclude broad prohibitions on gun possession by drug users and convicted persons are unconstitutional?
The question in the title of this post is prompted in part by this recent Executive Order from Prez Trump titled "Protecting Second Amendment Rights." Among its notable provisions, this…
Appellate and Supreme Court
Might Trump’s Justice Department conclude broad prohibitions on gun possession by drug users and convicted persons are unconstitutional?
The question in the title of this post is prompted in part by this recent Executive Order from Prez Trump titled "Protecting Second Amendment Rights." Among its notable provisions, this…
Legal Theory Blog
Leider on the Right to Bear Arms for the Common Defense
Robert Leider (George Mason University - Antonin Scalia Law School) has posted The Individual Right To Bear Arms For Common Defense on SSRN. Here is the abstract: The fundamental Second…