February 05, 2007
VARIOUS GUN DISCUSSIONS HERE have led me to upload PDF copies of some of my law review writings on the Second Amendment. Here they are:
A Critical Guide to the Second Amendment: This paper surveys the literature on the individual rights and states' rights theories of the Second Amendment, and synthesizes what has come to be known in some quarters as the "Standard Model" of individual rights scholarship.
The Second Amendment and States Rights: A Thought Experiment (With Don Kates): Responding to collective-rights claims that the Second Amendment protects only a state right to have militias (or, as Warren Burger called them in Parade Magazine, "state armies") this paper looks at the constitutional consequences of taking such an approach seriously, and suggests that they are farther reaching than many proponents suppose.
Telling Miller's Tale (with Brannon Denning): A look at the 1939 case of United States v. Miller, which is often -- erroneously -- said to support a states' right interpretation of the Second Amendment.
Download 'em, enjoy 'em, share 'em with your friends!
UPDATE: I've linked this one before, but just so they'll be together in one post, here's a link to It Takes a Militia: A Communitarian Case for Compulsory Arms Bearing. And here's my oped on the same topic from the New York Times. And go here and scroll down to see a related oped that was in the Boston Globe a while back.