Constitutional Law

Upcoming law review articles on Heller

Nelson Lund, Heller and Second Amendment Precedent argues that Heller erred in trying to reconcile its result with US v. Miller, when it should simply have recognized that Miller was wrongly decided.

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."

Larry Chapman, Second Amendment Plumbing After Heller on the other hand, argues against 14th Amendment incorporation.

The 2A is becoming the one interesting field of con law. The First Amendment has been mined for, what, forty years or so. Debates over what is obscenity, what are fighting words, and whatnot are really getting to be a bit boring. But the 2A can keep scholars busy for another few decades. And the courts, as well.

Full post as published by Of Arms and the Law on September 04, 2008 (boomark / email).