Center Faculty Co-Director and Melvin G. Shimm Professor of Law. Miler writes and teaches in the areas of civil rights, constitutional law, civil procedure, state and local government law, and legal history. His scholarship on the Second and Thirteenth Amendments has been published in leading law reviews and has been cited by the Supreme Court of the United States, the United States Courts of Appeals, the United States District Courts, and in congressional testimony and legal briefs. With Joseph Blocher, he’s the author of The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018).
As Michael S. Green wrote just after Heller was decided, a principal purpose of gun regulation, especially with respect to public carry, is to head off prisoner’s dilemmas. Prisoner’s dilemmas are familiar problems in the literature on collective action, and typically take the following form: Each individual acting in his or her own best interest […]
This past Thursday, I was delighted to participate in the 36th Annual Jefferson B. Fordham Debate at the University of Utah, S.J. Quinney College of Law in Salt Lake City.
People keep and carry weapons for all sorts of reasons. What kind of reasons should the law respect? Governments regulate the keeping and carrying of weapons for all sorts of reasons. What kind of reasons should the law reject?
On Thursday, in American Legion v. American Humanist Association, the Supreme Court held that a Latin cross installed over ninety years ago on public land to commemorate fallen World War I soldiers did not violate the Establishment Clause. In doing so, Justice Alito, writing for the plurality, shied away from the much-criticized Lemon test and […]
“Second Amendment sanctuary counties”—counties that refuse to enforce state regulation of firearms—represent the latest skirmish in the seemingly interminable debates over gun policy in America; debates that, more often than not, break along geographical, cultural, and political lines: urban versus rural; blue versus red.