The distinguished literary scholar Stanley Fish can teach one a great deal about argumentation. Lacking a law degree, he has also served on law faculties and even as an assistant dean in the Duke Law School. What business does this …
The President was on television recently stumping again for his gun control agenda. He spoke in his favored repetitive mode except for one sort of new flourish, which …
In a January 17 speech to students at Texas A&M University, Danny Glover, the actor from Lethal Weapon etc., attempted to disparage the constitutional right to arms with the critique that “The Second Amendment comes from the right to …
In my last post I criticized the emerging Second Amendment standard of review and specifically the decision in Heller II, to channel into “Scrutiny Land”, a straightforward gun ban question that might have been decided under a more objective …
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 …
Recently, I was looking over McDonald v. Chicago, the case that held that the Second Amendment was incorporated against the states. While I agree with the result, I believe this case was very problematic from an originalist perspective. Four …
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