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Scholarship Highlight: New Research and Arguments about the Second Amendment

Posted by on May 11, 2022

There’s been a spate of new Second Amendment scholarship, including a just published piece by the Center’s own Joseph Blocher (with co-author Eric Ruben). There are also a couple of wide-ranging student pieces skeptical about/supportive of different gun regulations. Eric Ruben & Joseph Blocher, “Second-Class” Rhetoric, Ideology, and Doctrinal Change, 110 Geo. L.J. 613 (2022) […]

Exporting Open Carry Bans?

Posted by on April 20, 2022

Many states are becoming territorial about their residents. So territorial, in fact, that at least some legislators are proposing ways to functionally use their state’s criminal code extraterritorially. Proposals to criminalize conduct that facilitates women seeking abortion care outside the state have cropped up in Missouri. Other states target different sorts of conduct they deem […]

A New Call to Arms: Rewriting Second Amendment Threats

Posted by on April 13, 2022

The Protection of Lawful Commerce in Arms Act (PLCAA), codified at 15 U.S.C. § 7901 et seq., has nearly banished the specter of civil liability for covered gun industry entities. PLCAA was predicated on the claim that gun industry actors, including firearm manufacturers and sellers, were under siege from baseless lawsuits founded on novel legal […]

Essays from Privatizing the Gun Debate Conference

Posted by on April 1, 2022

On March 18th, the Center hosted a conference at the law school on Privatizing the Gun Debate. We were grateful to be joined by a dozen scholars, practitioners, and public officials to discuss the ways that firearms are increasingly being regulated outside legislative channels through actions like tort lawsuits and business policies. The keynote address was deliver […]

THT and Analogy

Posted by on March 30, 2022

On his Legal Theory blog, Larry Solum recently highly recommend a piece by Frederick Schauer & Barbara A. Spellman, Precedent and Similarity, forthcoming in T. Endicott, H. Kristjansson & S. Lewis (eds), Philosophical Foundations of Precedent (Oxford University Press). The piece describes a problem endemic in legal reasoning—the difficulty of establishing just what makes one […]

Scholarship Highlight: New Firearms Law Drafts on SSRN

Posted by on March 23, 2022

Here are a few new articles posted on SSRN in the last few weeks that draw connections between existing legal doctrine and the cultural and statutory changes in gun rights. Tyler Smotherman, Troubleshooting the Gun-Free School Zones Act: A Call for Amendment in the Age of Constitutional Carry When Texas became the most recent state […]

A Florida Movie Theater and Lethal Self-Defense

Posted by on March 2, 2022

On February 25, 2022, a Florida jury acquitted the former police officer who shot and a killed the man he argued with in a movie theater in 2014. Curtis Reeves wasn’t just any retired police officer, but a former SWAT commander. His defense counsel even argued that his past informed his perceptions of the threat […]

The Problem with Assumptions: Reassessing the Historical Gun Policies of Arkansas and Tennessee

Posted by on January 20, 2022

Scholarship on the subject of historical firearm laws has, whether knowingly or not, tended to take certain ideas for granted. Chief among these assumptions is that post-Civil War public carry laws have been the primary vehicle for creating a racially inequitable right to arms. There is also widespread acceptance of the notion that openly carrying […]

Illegal Firearm Possession: A Reflection on Policies and Practices that May Miss the Mark and Exacerbate Racial Disparity in the Justice System

Posted by on January 19, 2022

Introduction Justifiably, there has been considerable attention and focus by the public, scholars, policy makers, and criminal justice and public health practitioners on violent crimes involving firearms. However, much less attention has been paid to the crime of illegal possession of firearms. Part of this reflects dramatically different definitions of this behavior across the states […]

When CRT Meets 2A

Posted by on January 11, 2022

Forty-four reasons come to mind Why a motherfuckin’ brother is hard to find He been walkin’ on the streets and fuckin’ with mine Stupid punk can’t fuck with a mastermind See, I never take a step on a Compton block Or L.A. without the AK ready to pop ‘Cause them punk motherfuckers in black and […]