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About Daniel Rice

Visiting Assistant Professor, Duke Law School.

Written by Daniel Rice

Variable Vagueness and the Shadow Second Amendment

Posted by on July 8, 2020

The Supreme Court’s void-for-vagueness doctrine is trans-substantive in character. As a result, firearm restrictions that would survive Second Amendment scrutiny may still be vulnerable to constitutional attack. In this post, I want to highlight an overlooked connection between the two doctrines—one that has yielded judicial utterances about gun rights outside the formal bounds of Second […]