Heller

Posner’s Tyranny of Expertise

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Richard A. Posner has been called his generation’s “Tenth Justice,” a judge like Learned Hand or Henry Friendly whose prolific intellect and erudite jurisprudence rank him in quality and influence among members of the Supreme Court despite never having sat

Limited Government and Individual Autonomy

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Patrick Garry’s essay “The Constitution’s Structural Limits on Power Should Be the Focus of the Bill of Rights” contains many valuable insights. In particular, it re-affirms the proposition – lost for many years but perhaps gaining some new currency –

Is Gun Regulation Maturing?

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Retired Justice John Paul Stevens was recently in the news commenting on the right to keep and bear arms that was affirmed in the Heller decision, where he dissented.  Speaking  at the Brady Center to Prevent Gun Violence, Stevens said

Gun Rights in Scrutiny Land: The Federal Courts Attempt to Claw Back Heller

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The developing standard of review under the Second Amendment holds important lessons about the judicial administration of individual rights.  When the Supreme Court affirmed the individual right to arms in District of Columbia v. Heller (2008) it suggested among