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June 22, 2009
Lots of new reading for Second Amendment fans
I have noticed that a wave of Heller and Second Amendment scholarship is starting to crash on the beaches of SSRN. Specifically, these four new pieces have all showed up in just the last few weeks:
Heller and Nonlethal Weapons by Craig S. Lerner & Nelson Lund
The District of Columbia v. Heller and Antonin Scalia's Perverse Sense of Originalism by William G. Merkel
Scope of Second Amendment Right - Post-Heller Standard of Review by Ivan E. Bodensteiner
Heller High Water? The Future of Originalism by Jamal Greene
This new set of pieces has me thinking that Heller is a case that has far more impact on scholarly agendas than on actual gun regulations. The pieces also have me wondering if anyone is actively working on a Second Amendment casebook or reader, which could make life a lot easier as I gear up to teach a Second Amendment seminar in the fall.
Some recent related Heller and Second Amendment posts:
- First(?) significant(?) Second Amendment ruling favoring a federal criminal defendant
- Seventh Circuit resists extending Second Amendment to the states
- NRA quickly petitions SCOTUS for Second Amendment incorporation
- District Court rejects Second Amendment claim from misdemeanant
- Another (too?) brief opinion rejecting misdemeanant's Second Amendment claim
- SCOTUS undercuts constitutional gun rights in Hayes without even mentioning Heller or Second Amendment
- Even the Chief and Justice Scalia are content to damn gun possession with faint praise
- Given Hayes, can jurisdictions criminalize gun possession by any misdemeanant?
- The lack of originalist justification for excluding felons from the Second Amendment
- Assailing the unjustified Second Amendment limits in Heller
- Notable new Alaska appellate decision on denying gun rights to non-violent felons
- "Why Can’t Martha Stewart Have a Gun?"
- What might 2009 have in store for . . . Second Amendment jurisprudence?
June 22, 2009 at 02:07 PM | Permalink
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