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The Positive Second Amendment
Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.
The Positive Second Amendment
The Second Amendment is among the most recognized provisions of the Constitution. It is also perhaps the most misunderstood. Common misconceptions about the amendment - what it forbids, what it permits, how it functions as law - distort the gun debate and America's constitutional culture. In The Positive Second Amendment, Blocher and Miller provide the first comprehensive post-Heller account of the history, theory, and law of the right to keep and bear arms. Their aim is not to pick sides in the gun debate, but rather to show how a positive account of the 'constitutional' Second Amendment differs from its political cousin. Understanding the right to keep and bear arms as constitutional law will challenge many deeply held beliefs. But it may also provide a better way to negotiate the seemingly intractable issues that afflict America's debate over gun rights and regulation.
Guns in Law
Weapons have been a source of political and legal debate for centuries. Aristotle considered the possession of arms a fundamental source of political power and wrote that tyrants "mistrust the people and deprive them of their arms." Today ownership of weapons -- whether handguns or military-grade assault weapons -- poses more acute legal problems than ever before. In this volume, the editors' introduction traces the history of gun control in the United States, arguing that until the 1980s courts upheld reasonable gun control measures. The contributors confront urgent questions, among them the usefulness of history as a guide in ongoing struggles over gun regulation, the changing meaning of the Second Amendment, the perspective of law enforcement on guns and gun control law, and individual and relational perspectives on gun rights. The contributors include the editors and Carl T. Bogus, Jennifer Carlson, Saul Cornell, Darrell A.H. Miller, Laura Beth Nielsen, and Katherine Shaw.
Return to Skull Island
Only moments after a giant ape crashed onto 34th Street, filmmaker and entrepreneur Carl Denham found himself on the run, with not only insurance companies hot on his heels but Thomas Dewey, the fiery District Attorney of New York City. It's a flight, however, that throws Denham squarely into the convoluted machinations of a mysterious, bronze-haired tigress named "Patricia Wildman," machinations that take the pair from running guns to a Central American revolutionary to finding themselves in Manchuria in the midst of the Chinese struggle against the Japanese. Carl and Patricia deal as best they can with prisons and firing squads, madmen and zealots---all to say nothing of the Japanese navy, a ruthlessly ambitious officer and the fate of the civilized world. But never did either of them think that the answer to their dilemma lay in leading a Japanese invasion of fabulous Skull Island and the mind-boggling secret that waited for them there. At the publisher's request, this title is sold without DRM (Digital Rights Management).
The Greatest and the Grandest Act
"This volume, which contains essays by both historians and legal scholars, examines various aspects of the Civil Rights Act of 1866, the first federal civil rights statute in American history"--
The Gun Dilemma
An informed and sophisticated look at the current debate between gun laws and gun rights in America. Contemporary gun controversies are deeply rooted in our history, yet much of that history is unknown, ignored, or distorted. This is all the more important because a new gun rights movement is pressing to expand the definition of gun rights well beyond the standard set by the Supreme Court in its landmark, controversial Heller ruling from 2008. These activists' efforts have found a receptive audience among a new generation of very conservative federal judges cultivated in part for their professed adherence to the doctrine of constitutional Originalism and fealty to an expansive reading of gun...
Weapon of Choice
How ordinary Americans, frustrated by the legal and political wrangling over the Second Amendment, can fight for reforms that will both respect gun owners’ rights and reduce gun violence. Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court’s current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearms industry in a powerful coalition that stymies reform. Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens ...
Against Constitutional Originalism
A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority Constitutional originalism stakes law to history. The theory's core tenet--that the U.S. Constitution should be interpreted according to its original meaning--has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the U.S. Supreme Court champion originalism, the task of scrutinizing originalists' use and abuse of history has never been more urgent. In this comprehensive...
Public Health Law and Ethics
Public Health Law and Ethics defines these fields for a new generation. This bold and updated edition probes how the Covid-19 pandemic has fundamentally changed the legal landscape for public health practice. Through incisive analysis of public health legislation, judicial opinions, and scholarly research, this accessible primer articulates the scope and limits of governmental powers and duties to protect the public's health, builds a case for why social justice must be prioritized as a core value of public health ethics, examines the role of the courts in striking down democratically enacted laws, and covers today’s most pressing health issues, such as chronic diseases, opioid overdoses, gun violence, disability rights, sexual and reproductive autonomy, and racial and gender equity. The book creates a framework for ensuring public health interventions are based on and consistent with ethical values, revealing complex answers to the essential question of what community members owe one another when it comes to health.
Yale Law Journal: Volume 122, Number 4 - January 2013
One of the world's leading law journals is available as an ebook. This issue of The Yale Law Journal (the fourth of Volume 122, academic year 2012-2013) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: Article: Text, History, and Tradition: What the Seventh Amendment Can Teach Us About the Second, by Darrell A.H. Miller Essay: Can the President Appoint Principal Executive Officers Without a Senate Confirmation Vote?, by Matthew C. Stephenson Note: The Majoritarian Filibuster Note: Lawsuits as Information: Prisons, Courts, and a Troika Model of Petition Harms Comment: Unveiling Inequality: Burqa Bans and Nondiscrimination Jurisprudence at the European Court of Human Rights Quality ebook formatting includes fully linked notes and an active Table of Contents (including linked Contents for individual articles and essays), as well as active URLs in notes and properly presented figures and graphics throughout.
