Second Amendment News 15th Sep 2008
September 15, 2008
Table of Contents
1. New by Kopel: Kopel Book on Heller; Law Review Articles: Self Defense, Anti-Gun Origins, Christian Pacifism; Shorter Articles: D.C., Media, DNC, Post-Heller Debate, Obama and the Media, Al-jazeera; D.C. Council, U.N.; Article on Calvinism
2. The Presidential and Vice-Presidential Candidates: Sarah Palin; Barack Obama; Joe Biden
3. International: Canada; China in the Sudan; Philippines; South Africa; U.K.; U.N./IANSA
4. Safe Schools: Improvised Collegiate Weapons; Armed Texas Teachers; C.U. Regents and Harsh Language
5. Culture: NRA Polls; Insights Web Site; Wackos not disarmed; Alabama Enthusiasm
6. State and Local: Chicago Suburbs Re-Arm; Baltimore Reporting; Massachusetts targets Manso; New Jersey BB Gun Prison Term; North Carolina Mental Issue Reporting; Ohio CCW
7. Law: Volokh Tabulates Post-Heller Rulings; Wyoming Expungement Case; Kwon Decision; No Furlough for Hinckley
8. Research and Scholarship: Adjustments after Heller; 14th Amendment Inclusion--or not; Originalist Sin; Swabbing Guns for DNA
New Book!
The Heller Case: Gun Rights Affirmed!
David Kopel with Alan KorwinBloomsfield Press
The Natural Right of Self-Defense: Heller's Lesson for the World
David B. Kopel
From a forthcoming symposium issue on Heller. Abstract: "The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right. Analysis of natural law in Heller shows why Justice Stevens' dissent is clearly incorrect, and illuminates a crucial weakness in Justice Breyer's dissent. The constitutional recognition of the natural law right of self-defense has important implications for American law, and for foreign and international law."
David B. Kopel
3 Charleston Law Review No. 1, 2008 (forthcoming)
http://papers.ssrn.com/abstract=1028682
Some of the philosophical roots of the Brady Campaign‚’s hatred of self-defense and "gundamentalism."
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Christian Pacifism Before Constantine
David B. Kopel
Working Paper
June 12th, 2008
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1144924
This paper presents evidence of diversity on early orthodox Christian belief and practice on the issue of pacifism. The claims of some modern writers that pre-Constantinian orthodox Christians were almost all pacifist are not correct. In fact, some but not all of the early Patristic writers were pacifists. A significant number of Christians, including saints, served in the Roman army. The paper discusses Justin Martyr, Marcion, Irenaeus, Athenagoras, Clement of Alexandria, Tertullian, Hippolytus, Julius Africanus, Origen, Cyprian, Arnobius, and Lactantius, and also examines other sources of information about the early church.
What Next for D.C.'s Gun Laws
David B. Kopel with Robert A. Levy
Media's hypocritical fixation on Palin a boon to McCain
David B. Kopel
After Heller: The New American Debate on Guns
David B. Kopel, Robert A. Levy, Dennis Henigan, and Erwin ChemerinskyCato Unbound
This is a Weblog debate about the Heller case and its implications. Participants are Bob Levy of the Cato Institute, Kopel, Dennis Henigan of the Brady Campaign, and Erwin Chemerinsky.
David B. Kopel
In striking down the D.C. gun ban, the U.S. Supreme Court rules that the Second Amendment protects an individual right of all Americans.
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David B. Kopel
"Barack Obama‚’s Democratic nomination triumph reprises one of the oldest stories in American politics: that victory so often goes to the candidates who best understand and exploit novel mediums of communication."
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David B. Kopel
What the media hasn't told you about the socialist, racialist, Barack Obama Sr. Plus, there is a bogus claim from Time that older Jewish voters who don't back
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Interfaith Speakers Raise Questions
David B. Kopel
"One of the speakers was Sister Helen Prejean, a Catholic who is one of America's leading crusaders against the death penalty... Also speaking at the prayer session was Ingrid Mattson, President of the Islamic Society of North America (ISNA)."
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David B. Kopel
Dave clarifies the truth that contradicts what Al-Jazeera told its viewers about Biden, and the 'Rum, Romanism, and Rebellion' remark that cost the Republicans the presidential election of 1884.
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David B. Kopel
D.C. City Councilman Harry Thomas has introduced a resolution titled "Sense of the Council of Future Handgun Resolution of 2008." He uses incorrect assumptions and false data to justify it.
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David B. Kopel
Despite protestations to the contrary, the U.N. remains quite interested in constricting lawful gun ownership.
Magazine Article
The Calvinist Connection
David B. Kopel
Liberty Magazine, pp. 27-
31October, 2008
http://davekopel.org/Religion/Calvinism.htm
First year law students may be interested in observing the importance of contract law in the right of revolution against tyranny.
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Presidential Candidates
Sarah Palin
Liberal media attacks: Sarah, Get Your Gun!
Sandy FromanThe Mercury (Pottstown, PA)September 5, 2008
http://tinyurl.com/6gzzfo
NRA Immediate Past President Sandy Froman here notes that the new Republican Vice-Presidential nominee may expect a storm of sexism, such as she encountered, from its ostensible opponents on the Left.
Girl Power
Sandy Froman with Gretchen CarlsonFox & Friends
September 5, 2008
http://tinyurl.com/68glfv
Carlson interviews NRA Immediate Past President Sandy Froman here for her take on the selection of Alaskan governor Sarah Palin as McCain's running mate.
Day 4: Ramsay Reports, Former NRA President
Sandry Froman with Ramsy WhartonKGMB 9 TV (Honolulu,HI)
September 4, 2008
http://kgmb9.com/main/content/view/9509/253/
Here is yet another video interview with former NRA President Sandy Froman about Sarah Palin's selection.
When Barack's Berserkers Lost the Plot
Nick Cohen
The Observer (UK)
September 7, 2008
http://www.guardian.co.uk/commentisfree/2008/sep/07/uselections2008.republicans2008
"When a hate campaign goes wrong, however, disaster follows. And everything that could go wrong with the campaign against Palin did."
Palin Exposes the Cultural Divide
Simon Tisdall
The Observer (UK)
September 8, 2008
http://www.guardian.co.uk/commentisfree/2008/sep/08/uselections2008.sarahpalin
"The Republican's vice-presidential candidate has come in for some stick since her nomination, but much of it has been unfair and divisive."
The bogus Sarah Palin Banned Books List
Michelle MalkinMichelleMalkin.Com
September 6, 2008
http://michellemalkin.com/2008/09/06/the-bogus-sarah-palin-banned-books-list/
"Take a look at the list below and youÂ’ll find books Gov. Palin supposedly tried to ban. . . that hadnÂ’t even been published yet. Example: The Harry Potter books, the first of which wasnÂ’t published until 1998."
Palin Rumors
Charles R. MartinExplorations
September 6, 2008
http://explorations.chasrmartin.com/2008/09/06/palin-rumors/
An ongoing list, with reader discussion, of rumors hatched in the hope of damaging Sarah Palin. As of this writing, 71.
Barack Obama
125 Shot Dead In Chicago Over Summer: Total Is About Double The U.S. Troop Death Toll In Iraq
CBS2chicago.com
September 5, 2008
http://cbs2chicago.com/local/chicago.summer.shootings.2.810166.html
"An estimated 125 people were shot and killed over the summer. That's nearly double the number of U.S.A. soldiers killed in Iraq over the same time period." As a state senator, Obama fought hard to prevent the weakening of Chicago's dysfunctionial gun laws.
Obama's Aim
David FreddosoThe National ReviewAugust 27, 2008http://tinyurl.com/69qh3h
"In 2007, Senator Barack Obama stood up for a gun owner. He endorsed Chicago Alderman Dorothy Tillman in her Democratic primary. Not only was she a gun owner, but she had even pulled a gun on her colleagues during a contentious 1991 ward redistricting hearing. . ."
Kilpatrick to city: ‚‘There‚’s another day for me‚’
M.L. Elrick, Jim Schaefer, Joe Swickard and Ben Schmitt
The Detroit Free Press (MI)September 4, 2008
http://www.freep.com/apps/pbcs.dll/article?AID=/20080904/NEWS01/309050001
"In a courtroom this morning, Kilpatrick pleaded guilty to two felony counts of obstructing justice by committing perjury." Kilpatrick has been a prominent supporter of Barack Obama's candidacy, and a member of New York City mayor Bloomberg's Mayors Against Illegal Guns coalition.
Congressman Hinchey Accused of Swatting NRA Rep
Christine PizzutiBinghampton Press & Sun-Bulletin (NY)
August 27, 2008http://tinyurl.com/6jqzbh
"Rep. Maurice Hinchey, D-Hurley, is due in town court Sept. 9 to face a second-degree harassment charge after he allegedly swatted an NRA representative on the head at the Rosendale Street Fair in July." Rep. Hinchey has a 'C' rating from the NRA's 'Vote Smart' program evaluating members of Congress on 2nd Amendment issues. He was one of the superdelegates pledged to nominate Barack Obama at the recent DNC convention.
Congressman Hinchey (D, Ithaca, NY) charged with striking constituent
Associated PressUSA Today.Com2004http://tinyurl.com/5suw3v
Here are details of Rep. Hinchey's career, which included a 'No Contest' plea to illegally carrying a loaded handgun in his baggage at a Washington D.C. airport in 1995.
GunBaNObama
Informational Web PageThe National Rifle Association2008http://www.gunbanobama.com/
NRA‚’s Political Victory Fund has established this web page, which contains data to illustrate the gulf between Barack Obama's claims of support for civilian ownerships of firearms and his recent statements and actions.
18 Million Silenced in Denver
"Alegre"Alegre's CornerSeptember 4, 2008http://tinyurl.com/5peqcf
"Regarding the [Democratic Party convention] roll call vote. I've spoken to many delegates in many states. It appears that the delegates who were pressured the most were in the Swing States. Anyone who had any sort of job in politics or the DNC were pressured the most to switch. Many Governors demanded that their delegates switch because they would not get any money for their state races if they did not. It boils down to the fact that the Obama campaign had power over the State Party Chairs. These State Party Chairs get the money for all of their candidates. If they did not switch they were threatened."
Joe Biden
Senator Obama's Choice, Joe Biden, a Good One for Gun Violence Reduction
Press ReleaseThe Brady CampaignAugust 25, 2008http://www.bradycampaign.org/media/release.php?release=1001
"The Brady Campaign to Prevent Gun Violence praised Senator Barack Obama's choice for his vice presidential running mate, Senator Joe Biden. 'Joe Biden is a straight talker about the need for common sense laws to keep dangerous people from getting dangerous weapons,' said Paul Helmke, President of the Brady Campaign to Prevent Gun Violence."
International
Canada
Newfoundlanders have Highest Per-capita Firearms Ownership in Country
David WhalenThe Telegram (Canada)August 24, 2008http://tinyurl.com/5jultp
"If the federal government's numbers are right, Newfoundlanders and Labradorians are Canada's most heavily armed citizens, but also its least trigger-happy."
New Quebec Gun Legislation Comes into Force Today
Canadian PressCNEWS: PoliticsSeptember 1, 2008
"The law bans the possession of firearms in schools and daycare centres and on public and school transportation."
China
Study says China Top Violator of Sudan Embargo
Barry SchweidAssociated PressAugust 5, 2008http://tinyurl.com/6kuhss
"China has been the 'most egregious violator' of a worldwide arms embargo, providing Sudan with the vast majority of its small arms and weapons used for mass murder in Darfur province, a private study group is charging."
Philippines
Arming Civilians
Editorial
The Daily Inquirer (Philippines)August 26, 2008http://opinion.inquirer.net/inquireropinion/editorial/view/20080826-156798/Arming-civilians
"But why should citizens arm themselves and constitute themselves into a defense force when there are entities required by law to protect them from lawless elements?"
South Africa
Gun law to be challenged in Concourt
SapaThe Daily Dispatch (South Africa)August 14, 2008http://www.dispatch.co.za/article.aspx?id=236410
"The government‚’s refusal to pay compensation for firearms handed in under the year 2000 Firearms Control Act is being challenged in court as unconstitutional."
Uganda
Why Has Karamoja Failed to Disarm?
Frederick WomakuyuNew Vision (Kampala, Uganda)August 31, 2008http://allafrica.com/stories/200809010591.html
"Despite the Government's efforts to disarm the Karimojong, recent reports indicate that the region has more firearms than anticipated. The Government has so far recovered 25,000 guns but a recent report by Small Arms Survey, a regional body that researches on armed pastoral areas, indicates that Karamoja has more than 150,000 guns."
United Kingdom
You have the right to shoot dead a burglar
Richard Edwards and Christopher HopeThe Daily Telegraph (UK)July 16, 2008http://tinyurl.com/6aygvy
"Home owners and others acting in self-defence were yesterday given the legal right for the first time to fight back against burglars and muggers free from fear of prosecution."
Calls for Tighter Gun Controls after Toddler Shooting
The Birmingham Mail (UK)August 26, 2008http://tinyurl.com/5f4jyl
"Campaigners today called for legislation to make airgun owners liable for their misuse after an 18-month-old boy was shot in the head with one of the weapons."
United Nations/IANSA
Treaty Conference Seeks to Regulate Global Arms Trade
Alisha RyuVOA NewsSeptember 3, 2008http://www.voanews.com/english/2008-09-03-voa55.cfm
"Ministers and civil society leaders from 18 African countries, U.N. disarmament officials, and arms-control advocates are meeting in the Kenyan capital Nairobi to try to form a united position on a proposed treaty to regulate the global arms trade."
Ban welcomes new UN centre pushing for disarmament in Asia-Pacific
Press ReleaseUN News CentreAugust 18, 2008http://tinyurl.com/5uq3zf
"Secretary-General Ban Ki-moon today welcomed the launch of a new United Nations facility promoting disarmament and non-proliferation in the Asia-Pacific region. The UN Regional Centre for Peace and Disarmament in Asia and the Pacific, based in Kathmandu, Nepal, will focus on nuclear proliferation, illicit trafficking of small arms and light weapons, landmines and explosive remnants of war, terrorism and organized crime, and armed conflicts."
Safe Schools
Colleges Confront Shootings with Survival Training
The Associated PressUSA TodayAugust 26, 2008http://www.usatoday.com/news/nation/2008-08-26-Colleges-survival_N.htm
"Hundreds of colleges across the nation have purchased a training program that teaches professors and students not to take campus threats lying down but to fight back with any 'improvised weapon,' from a backpack to a laptop computer."
In Texas School, Teachers Carry Books and Guns
James C. McKinley Jr.The New York TimesAugust 29, 2008http://mensnewsdaily.com/2008/05/21/anti-gun-promo-blackfires/
The New York Times offers its own perspective on a Texas School District's decision to allow selected teachers to carry a concealed weapon for the protection of themselves and their students.
Small Texas School District Lets Teachers, Staff Pack Pistols
Mark AgeeFt. Worth Star-TelegramAugust 15, 2008http://www.tulsabs.com/blog/2nd-amendment/texas-school-district-authorizes-firearms
"Superintendent David Thweatt said a main concern was that the small community is a 30-minute drive from the sheriff‚’s office, leaving students and teachers without protection." Here is a different perspective from that of the Times.
Regents Shoot Down Gun Proposal
Laura SniderThe Boulder Daily Camera (CO)August 20, 2008http://www.dailycamera.com/news/2008/aug/20/regents-shoot-down-gun-proposal/
"Regent Stephen Ludwig, a Democrat from Aurora, was the first to respond to Mote‚’s presentation: 'If you seek to change the policy of this board, I would strongly suggest you find some rhetoric that is based on sound logic rather than inflammatory statements. I‚’d be hard-pressed to ever support conceal and carry.' "
Culture
"irishr"Political LoreJuly 8, 2008http://www.politicallore.com/election-2008/national-rifle-association-has-big-boost-in-popularity/343
A poll by the Rasmussen Report found that the NRA's overall popularity rating increased after the Heller ruling, but that the organization's endorsement was slightly more likely to hurt John McCain's candidacy among respondents than to influence them to vote for McCain.
NRA Insights: News for Young Shooters
Informational Web PageThe National Rifle AssociationSeptember 3, 2008http://www.nrainsights.org/
"The National Rifle Association announces the official launch of NRAInSights.org, a comprehensive interactive website designed for NRA Junior members and their peers, created and maintained by NRA Publications, contains classic website essentials-games, videos and forums-as well as information making the site useful for educational purposes."
Survey: Alabama Gung-ho for Guns
Brian LymanThe Mobile Press-Register (AL)July 20, 2008http://tinyurl.com/5gf66h
"Sixty-six percent of respondents said they own a gun and 46 percent have a permit to carry a concealed weapon. The telephone survey of 424 Alabama residents was conducted Monday through Thursday, with a 5-percentage-point margin of error."
State and Local
Illinois
Chicago Suburb Drops Ban On Private Possession Of Handguns
Press ReleaseNational Rifle Association Institute for Legislative ActionAugust 29, 2008http://www.nraila.org/Legislation/Read.aspx?id=4155
"This week, the Village of Morton Grove, Illinois agreed to a stipulated dismissal of a NRA lawsuit challenging the village's gun ban. A new town ordinance recognizes the right to private handgun ownership, bringing an end to NRA's lawsuit against the village. Morton Grove completely dismissed its ordinance banning handguns and agreed not to replace it with any direct regulation other than to adopt existing state laws." The removal of Morton Grove's ban on the ownership of handguns has been much less heralded than was its imposition.
Wilmette Latest Illinois City To Scrap Gun Ban In Wake Of Heller Decision
Press ReleaseNational Rifle Association Institute for Legislative ActionAugust 29, 2008http://www.nraila.org/Legislation/Read.aspx?id=4103
"Wilmette officials have reportedly said the ban would probably not withstand legal challenges. A story on today's Chicagotribune.com noted that, unlike the other suburbs, Wilmette officials say they believe NRA didn't file suit against them because the village stopped enforcing the ban right after the Supreme Court ruling. The article also reported that Wilmette trustee Lali Watt says she doesn't believe her town has the necessary resources to fight NRA and keep the ban."
Louisiana
Jindal Signs Bill Governing Guns at Workplace
Associated PressCW 21 KXPJ (Birmingham, AL)July 4, 2008http://www.kpxj21.com/news/Jindal-signs-bill-governing-guns-at-workplace-13781/
"Over the objections of five powerful trade associations, Governor Bobby Jindal has signed into law a bill that gives employees more freedom to take guns to work."
Maryland
City OKs Gun Theft Reporting
John FritzeThe Baltimore Sun (MD)August 12, 2008http://tinyurl.com/6fs6mp
"Gun owners in Baltimore whose firearms are stolen would be required to report the theft to police under legislation approved by the City Council yesterday -- despite questions about whether the proposal is legal."
Massachusetts
Author Peter Manso Faces a Decade in Prison for Nonviolent Firearms Violations
J.D. TuccilleExaminer.comSeptember 2, 2008http://tinyurl.com/65vall
Massachusetts Police searching author Peter Manso's home in response to a burglar alarm discovered firearms in violation of the Bay State's numerous gun laws. Manso did not realize that his lifetime gun permit was no longer valid, because the legislature had retroactively changed the law. Manso, who was not at home, faces up to a ten year prison sentence.
North Carolina
Gov. Easley signs 16 Bills into Law: One Measure Denies Weapons to People Involuntarily Committed for Mental Health Help
Associated PressThe Charlotte Observer (NC)August 10, 2008http://www.charlotteobserver.com/141/story/117366.html
"It denies weapons to people who have been involuntarily committed to mental health treatment. Court clerks will be required to put the names in a national database used in gun background checks."
New Jersey
Under New Jersey's New Law, Possession of BB gun Merits Three-year Sentence
Ken SerranoMyCentralJersey.ComJuly 6, 2008http://tinyurl.com/5p3swl
New Jersey's recently-stiffened Graves Act mandates prison time for anyone possessing a projectile weapon while committing a crime--such as speeding.
Ohio
Hidden Guns Easier to Carry under Ohio Law Changes
Blade Columbus BureauThe Cincinnati (OH) EnquirerSeptember 7, 2008http://tinyurl.com/6mgspx
"Concealed weapons permit holders can now keep a gun hidden in a car as long as they're carrying it in a secure holster, one of several changes to Ohio's conceal carry law taking effect Monday."
Law
One of The First Post-Heller Second Amendment Opinions
Eugene VolokhThe Volokh ConspiracyJuly 7, 2008http://volokh.com/posts/chain_1215395769.shtml
Dr. Volokh here collects and analyzes court rulings issued in the aftermath of Heller.
Wyoming Loses Gun Case in Federal Court
Ben NearyThe Associated PressAugust 27, 2008
Wyoming's efforts to restore the right to concealed carry to citizens convicted of misdemeanor domestic violence failed in a Denver court, which ruled that the state's effort to expunge such convictions from the NICS database was invalid.
United States Of America v. Albert Kwok Leung Kwan
Thomas S. Zilly,United States District JudgeUnited States District Court, Western District Of Washington at SeattleAugust 15, 2007
http://www.nfaoa.org/documents/JudgeZillyNewTrialOrderKwanCase.pdf
PDF files require Adobe Acrobat Reader or similar software.
"Defendant, a reservist, has two handguns (one a semiauto, one a registered full auto) and two shoulder stocks that would fit either. The shoulder stocks double as holsters, and he has one handgun in each when ATF raids him (on other grounds, which turn out to be a legal mistake). Government argument is that the semiauto plus the stock in which it was holstered equal an unregistered short-barreled rifle. The District Court says no -- using the Thompson Arms test, the two stocks had a purpose other than an illicit one, namely being fitted legally to the full auto."
Hinckley Furlough Bid Rejected
The Smoking GunAugust 6, 2007http://tinyurl.com/5mz659
"A federal judge has rejected presidential assailant John Hinckley's request for additional time away from the Washington, D.C. psychiatric hospital where he has been confined for the past 25 years." The web article also contains the text of the ruling.
Research and Scholarship
The Founders' View of the Right to Bear Arms: A Definitive History of the Second Amendment
David E. YoungGolden Oak Books2008http://www.secondamendmentinfo.com/Founders'%20View/index.html
"Mr. Young's new book provides the documented information that conclusively settles every disputed point regarding the Second Amendment's history and intent."
Second Amendment Plumbing After Heller: Of Standards of Scrutiny, Incorporation, Well-Regulated Militias and Criminal Street Gangs
Lawrence RosenthalWorking PaperAugust 21, 2008http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1245402
Rosenthal, a professor at the Chapman University Law school, here argues against the Heller decision's applicability under the concept of the 2nd Amendment's incorporation into state and local laws under the 14th Amendment.
Heller and Second Amendment Precedent
Nelson LundWorking PaperAugust 20, 2008http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1235537
"This brief essay analyzes Heller's treatment of Miller. The interpretations of the Second Amendment in the two cases are irreconcilable. There was no legal need for the Heller Court to treat Miller as a binding precedent, and no legal excuse for pretending that Miller's holding was consistent with the interpretation of the Constitution that Heller rightly adopted. The treatment of Miller appears to be part of a larger political strategy in which the Court displayed a calculated faint-heartedness toward the original meaning of the Second Amendment." Lund is a professor at the Law School of George Mason University.
Anticipating the Second Amendment Incorporation: The Role of the Inferior Courts
Nelson LundWorking PaperSeptember 1, 2008http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1239422
"Nelson Lund, Anticipating the Second Amendment Incorporation: The Role of the Inferior Courts, argues that the 2nd Amendment should be incorporated into the 14th, and applied to the States, and that lower courts should not rely upon anti-incorporation case law and upon 'it's up to the Supremes to change things.' "
Heller's Future in the Lower Courts
Glenn H. Reynolds & Brannon P. DenningNorthwestern University Law ReviewJuly, 2008
http://www.law.northwestern.edu/lawreview/colloquy/2008/23/index.html
http://tinyurl.com/5use2z
"The repudiation of this extensive body of case law suggests that the real test of Heller will occur once the lower courts, traditionally hostile to an individual rights interpretation of the Second Amendment, face the inevitable follow-up cases challenging other restrictive gun laws." The PDF version of the article is here: http://tinyurl.com/5use2z
The Wages of Originalist Sin: District of Columbia v. Heller
Jeffrey M. ShamanWorking PaperJuly 17, 2008http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1162338
"This essay analyzes and critiques District of Columbia v. Heller, in which the Supreme Court ruled by a 5-4 vote that the Second Amendment of the Constitution protects an individual right to possess a firearm unconnected with service in a militia and to use that firearm for self-defense within the home. Justice Scalia's majority opinion in Heller strictly adheres to his belief that the Constitution should be interpreted by ascertaining its original meaning at the time it was adopted. Scalia believes that the Constitution has a static meaning and that changes in the world around us are of no relevance to constitutional interpretation. His exposition of the Second Amendment in Heller is bad history -- simplistic analysis that ignores the complexities of historical research. And his refusal to examine any policy considerations regarding the Second Amendment renders its application a desultory matter, haphazard in function and cabined by outmoded notions."
Two Essays on District of Columbia v. Heller
Mark TushnetWorking PaperJuly 30, 2008http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1189494
Tushnet, a Harvard Law professor, has two essays soon to appear:(1) Heller and the New Originalism forthcoming in the Ohio State Law Journal and (2) Heller and the Perils of Compromise forthcoming in the Lewis & Clark Law Review.
IMPD Tries Out DNA Swabs on Guns
Vic RyckaertThe Indianapolis (IN) StarAugust 27, 2008
"Indianapolis metropolitan police will be testing a new tool that will allow officers to gather DNA from handguns at a crime scene. During the next six months, officers will be using the Trigger ID device to swab guns before they are moved, enhancing the chances for recovering DNA evidence, according to a statement released by IMPD Lt. Jeff Duhamell."
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This newsletter is compiled with help from Dr. Rob S. Rice. For more on this cabined, yet omphalosceptic individual, see here: http://ccat.sas.upenn.edu/rrice/rrice_hd.html.
Dr. Rice's second published novel shall soon appear on Amazon.com, as a means of plumbing the lowest reaches of Amazon's sales ranking. You can learn much of that by probing here: http://tinyurl.com/5u75c5
Al Qaeda delenda est!
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