New Histories of Gun Rights and Regulation

New Histories of Gun Rights and Regulation

Author: Joseph Blocher

Publisher: Oxford University Press

Published: 2023

Total Pages: 305

ISBN-13: 0197748473

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The US Supreme Court recently held that the constitutionality of modern gun laws depends on whether they are "consistent with this Nation's historical tradition of firearm regulation." This landmark judicial decision, which cited an essay in this collection, made it ever more crucial to be clear about what the "historical tradition" entails. The scope of the Second Amendment's right to keep and bear arms, and accordingly the government's power to regulate firearms in the interest of public safety, hangs in the balance. Drawing on original research and sources not available to earlier Supreme Court opinions, New Histories of Gun Rights and Regulations brings together various methodological approaches and highlights issues in firearms law that have been previously underexamined. Its contributors, including distinguished historians, social scientists, and legal scholars, offer valuable new insight into the place of guns in American law and society. This groundbreaking new volume illuminates how history and constitutional law interact, suggesting concrete answers to some live legal controversies. A vital contribution to a vibrant debate, New Histories of Gun Rights and Regulations is an essential read for anyone seeking to understand the scope of the Second Amendment--a right whose breadth is frequently defined by its historical treatment.


Guns and Violence

Guns and Violence

Author: Joyce Lee Malcolm

Publisher: Harvard University Press

Published: 2009-06-01

Total Pages: 370

ISBN-13: 9780674040472

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Behind the passionate debate over gun control and armed crime lurk assumptions about the link between guns and violence. Indeed, the belief that more guns in private hands means higher rates of armed crime underlies most modern gun control legislation. But are these assumptions valid? Investigating the complex and controversial issue of the real relationship between guns and violence, Joyce Lee Malcolm presents an incisive, thoroughly researched historical study of England, whose strict gun laws and low rates of violent crime are often cited as proof that gun control works. To place the private ownership of guns in context, Malcolm offers a wide-ranging examination of English society from the Middle Ages to the late twentieth century, analyzing changing attitudes toward crime and punishment, the impact of war, economic shifts, and contrasting legal codes on violence. She looks at the level of armed crime in England before its modern restrictive gun legislation, the limitations that gun laws have imposed, and whether those measures have succeeded in reducing the rate of armed crime. Malcolm also offers a revealing comparison of the experience in England experience with that in the modern United States. Today Americans own some 200 million guns and have seen eight consecutive years of declining violence, while the English--prohibited from carrying weapons and limited in their right to self-defense have suffered a dramatic increase in rates of violent crime. This timely and thought-provoking book takes a crucial step in illuminating the actual relationship between guns and violence in modern society.


Gun Studies

Gun Studies

Author: Jennifer Carlson

Publisher: Routledge

Published: 2018-12-07

Total Pages: 344

ISBN-13: 1317446062

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As cultural, social, political, and historical objects, guns are rich with complex and contested significance. What guns mean, why they matter, and what policies should be undertaken to regulate guns remain issues of vigorous scholarly and public debate. Gun Studies offers fresh research and original perspectives on the contentious issue of firearms in public life. Comprising global, interdisciplinary contributions, this insightful volume examines difficult and timely questions through the lens of: Social practice Marketing and commerce Critical theory Political conflict Public policy Criminology Questions explored include the evolution of American gun culture from recreation to self-protection; the changing dynamics of the pro-gun and pro-regulation movements; the deeply personal role of guns as sources of both injury and security; and the relationship between gun-wielding individuals, the state, and social order in the United States and abroad. In addition to introducing new research, Gun Studies presents reflections by senior scholars on what has been learned over the decades and how gun-related research has influenced public policy and everyday conversations. Offering provocative and often intimate perspectives on how guns influence individuals, social structures, and the state in both dramatic and nuanced ways, Gun Studies will appeal to students and researchers interested in fields such as sociology, political science, legal history, criminology, criminal justice, social policy, armaments industries, and violent crime. It will also appeal to policy makers and all others interested in and concerned about the use of guns.


The Roberts Court

The Roberts Court

Author: Marcia Coyle

Publisher: Simon and Schuster

Published: 2013-05-07

Total Pages: 534

ISBN-13: 145162753X

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For years, the Supreme Court led by Chief Justice John Roberts has been at the center of a constitutional maelstrom. Here, the much-honored, expert Supreme Court reporter Marcia Coyle's examination of four landmark cases is "informative, insightful, clear and fair...Coyle reminds us that Supreme Court decisions matter. A lot." (Portland Oregonian). Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the US Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside analysis of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began and how they exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United case. Most dramatically, her reporting shows how dedicated conservative lawyers and groups have strategized to find cases and crafted them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat to the struggle to lay down the law of the land.


Habeas Corpus in Wartime

Habeas Corpus in Wartime

Author: Amanda L. Tyler

Publisher: Oxford University Press

Published: 2017

Total Pages: 465

ISBN-13: 0199856664

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This book is the most comprehensive account of the role of habeas corpus in wartime ever written. It draws on a wealth of untapped resources to shed light on the political and legal understanding of habeas corpus that has unfolded over the course of Anglo-American history. The book traces the roots of the habeas privilege enshrined in the United States Constitution to England and then carries the story forward to document the profound influence of English law on early American law. It then takes the story forward to document the understanding of the privilege and the role of suspension over the course of American history.


Guns, Democracy, and the Insurrectionist Idea

Guns, Democracy, and the Insurrectionist Idea

Author: Joshua Horwitz

Publisher: University of Michigan Press

Published: 2009-04-29

Total Pages: 286

ISBN-13: 0472033700

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"Guns, Democracy, and the Insurrectionist Idea recasts the gun debate by showing its importance to the future of democracy and the modern regulatory state. Until now, gun rights advocates had effectively co-opted the language of liberty and democracy and made it their own. This book is an important first step in demonstrating how reasonable gun control is essential to the survival of democracy and ordered liberty." ---Saul Cornell, Ohio State University When gun enthusiasts talk about constitutional liberties guaranteed by the Second Amendment, they are referring to freedom in a general sense, but they also have something more specific in mind---freedom from government oppression. They argue that the only way to keep federal authority in check is to arm individual citizens who can, if necessary, defend themselves from an aggressive government. In the past decade, this view of the proper relationship between government and individual rights and the insistence on a role for private violence in a democracy has been co-opted by the conservative movement. As a result, it has spread beyond extreme militia groups to influence state and national policy. In Guns, Democracy, and the Insurrectionist Idea, Joshua Horwitz and Casey Anderson set the record straight. They challenge the proposition that more guns equal more freedom and expose Insurrectionism as a true threat to freedom in the United States today. Joshua Horwitz received a law degree from George Washington University and is currently a visiting scholar at the Johns Hopkins Bloomberg School of Public Health. Casey Anderson holds a law degree from Georgetown University and is currently a lawyer in private practice in Washington, D.C.


Firearms Law and the Second Amendment

Firearms Law and the Second Amendment

Author: Nicholas J. Johnson

Publisher: Aspen Publishing

Published: 2021-10-06

Total Pages: 1470

ISBN-13: 1543826822

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The right to keep and bear arms evokes great controversy. To some, it is a bulwark against tyranny and criminal violence; to others, it is an anachronism and serious danger.Firearms Law and the Second Amendment is the leading casebook and scholarly treatise on arms law. It provides a comprehensive domestic and international treatment of the history of arms law. In-depth coverage of modern federal and state laws and litigation prepare students to be practice-ready for firearms cases. The book covers legal history from ninth-century England through the United States in 2021. It examines arms laws and culture in broad social context, ranging from racial issues to technological advances. Seven online chapters cover arms laws in global historical context, from Confucian times to the present. The online chapters also discuss arms law and policy relating to race, gender, sexual orientation, and other statuses and how firearms and ammunition work. New to the Third Edition: Important cases and new regulatory issues since the 2017 second edition, including public carry, limits on in-home possession, bans on types of arms, non-firearm arms (like knives or sprays), Red Flag laws, and restoration of firearms rights Expanded social science and criminological data about firearms ownership and crimes Deeper coverage of state arms control laws and constitutional provisions Extended analysis of how Native American firearm policies and skills shaped interactions with European-Americans, provided the tools for three centuries of resistance, and became a foundation of American arms culture The latest research on English legal history, which is essential to modern cases on the right to bear arms Professors, students, and practicing lawyers will benefit from: Practical advice and resource guides for lawyers, like early career prosecutors or defenders, who will soon practice firearms law Five chapters on the diverse approaches of lower courts in applying the Supreme Court precedents in Heller and McDonald to contemporary laws Historical sources that shaped, and continue to influence, the right to arms


Empire of Guns

Empire of Guns

Author: Priya Satia

Publisher: Penguin

Published: 2018-04-10

Total Pages: 569

ISBN-13: 0735221871

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NAMED ONE OF THE BEST BOOKS OF 2018 BY THE SAN FRANCISCO CHRONICLE AND SMITHSONIAN MAGAZINE By a prize-winning young historian, an authoritative work that reframes the Industrial Revolution, the expansion of British empire, and emergence of industrial capitalism by presenting them as inextricable from the gun trade "A fascinating and important glimpse into how violence fueled the industrial revolution, Priya Satia's book stuns with deep scholarship and sparkling prose."--Siddhartha Mukherjee, Pulitzer Prize-winning author of The Emperor of All Maladies We have long understood the Industrial Revolution as a triumphant story of innovation and technology. Empire of Guns, a rich and ambitious new book by award-winning historian Priya Satia, upends this conventional wisdom by placing war and Britain's prosperous gun trade at the heart of the Industrial Revolution and the state's imperial expansion. Satia brings to life this bustling industrial society with the story of a scandal: Samuel Galton of Birmingham, one of Britain's most prominent gunmakers, has been condemned by his fellow Quakers, who argue that his profession violates the society's pacifist principles. In his fervent self-defense, Galton argues that the state's heavy reliance on industry for all of its war needs means that every member of the British industrial economy is implicated in Britain's near-constant state of war. Empire of Guns uses the story of Galton and the gun trade, from Birmingham to the outermost edges of the British empire, to illuminate the nation's emergence as a global superpower, the roots of the state's role in economic development, and the origins of our era's debates about gun control and the "military-industrial complex" -- that thorny partnership of government, the economy, and the military. Through Satia's eyes, we acquire a radically new understanding of this critical historical moment and all that followed from it. Sweeping in its scope and entirely original in its approach, Empire of Guns is a masterful new work of history -- a rigorous historical argument with a human story at its heart.


How Rights Went Wrong

How Rights Went Wrong

Author: Jamal Greene

Publisher: Houghton Mifflin

Published: 2021

Total Pages: 341

ISBN-13: 1328518116

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An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.


Constitutional Law: Cases in Context, Fourth Edition, Constitutional Rights: Cases in Context, Constitutional Structure, Cases in Context: 2024 Supplement

Constitutional Law: Cases in Context, Fourth Edition, Constitutional Rights: Cases in Context, Constitutional Structure, Cases in Context: 2024 Supplement

Author: Randy E. Barnett

Publisher: Aspen Publishing

Published: 2024-09-02

Total Pages: 1040

ISBN-13:

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The 2024 Supplement contains excerpts from cases decided since the publication of the Fourth Edition of the authors’ casebooks. New to the 2024 Edition: 1. Trump v. United States 2. Consumer Financial Protection Bureau v. Community Financial Services Association of America 3. United States v. Rahimi