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Statute

Second Amendment

750 published works

  1. Sentencing Law and Policy

    Different rhetoric about individual gun rights

    By Douglas Berman

    Main February 15, 2008Different rhetoric about individual gun rightsThis AP reports that "Barack Obama said Friday that the country must do 'whatever it takes' to eradicate gun violence following a…

  2. Sentencing Law and Policy

    Do any Second Amendment amici oppose extreme gun crime sentencing?

    By Douglas Berman

    Main February 13, 2008Do any Second Amendment amici oppose extreme gun crime sentencing?I am impressed, though not especially surprised, that nearly 50 amicus briefs have been filed in the Supreme…

  3. Sentencing Law and Policy

    Even the NRA, while urging Second Amendment strict scrutiny, thinks Martha Stewart and Lewis Libby have no gun rights

    By Douglas Berman

    Main February 8, 2008Even the NRA, while urging Second Amendment strict scrutiny, thinks Martha Stewart and Lewis Libby have no gun rightsSCOTUSblog here has links to a large bunch of…

  4. Sentencing Law and Policy

    What might Second Amendment strict scrutiny mean for strict gun laws?

    By Douglas Berman

    Main February 5, 2008What might Second Amendment strict scrutiny mean for strict gun laws?As detailed in this article in today's Washington Post and this post at SCOTUSblog, attorneys for respondent…

  5. Sentencing Law and Policy

    Concerns about concerns about the recognition of serious gun rights

    By Douglas Berman

    Main January 20, 2008Concerns about concerns about the recognition of serious gun rightsToday's Washington Post has this interesting article headlined "Administration Rankles Some With Stance in Handgun Case." Here are…

  6. Sentencing Law and Policy

    Thoughtful analysis of the realities of Second Amendment litigation

    By Douglas Berman

    Main January 15, 2008Thoughtful analysis of the realities of Second Amendment litigationOver at the Balkinization, Jack Balkin has this very effective post titled "Explaining The Bush Administration's Tepid Support For…

  7. Sentencing Law and Policy

    Are Scooter Libby and Martha Stewart and millions of others not among the Constitution’s “people”?

    By Douglas Berman

    Main January 13, 2008Are Scooter Libby and Martha Stewart and millions of others not among the Constitution's "people"? Here, in full, is the text of the Second Amendment: "A well…

  8. Sentencing Law and Policy

    Hunting, pardons and a Second Amendment claim?

    By Douglas Berman

    Main December 26, 2007Hunting, pardons and a Second Amendment claim?This local article from North Carolina has me thinking again about whether a few felons might have a viable constitutional claim…

  9. Sentencing Law and Policy

    SCOTUS resolves easy(?) ACCA issue, provides tea leaves

    By Douglas Berman

    Main December 4, 2007SCOTUS resolves easy(?) ACCA issue, provides tea leaves As Lyle Denniston reports here at SCOTUSblog, the Supreme Court handed down two opinions this morning, including a unanimous…

  10. The Right Coast

    Alcohol and firearms — an analogy Tom Smith

    By Thomas A. Smith

    Not only would it not be a great idea for the Supremes to nullify the Second Amendment -- if they do, you can expect an enthusiastic movement to amend the…