Constitutional Law

Article on Heller incorporation

At SSRN. One of the core ideas is interesting to us grunts in the trenches who have to persuade courts -- that a right can be incorporated, yet not identical at State and Federal levels. The idea of "reasonable regulation," that is to say, may be more like "shall not be infringed" at the Federal level, and "reasonable regulation (subject to strict standards)" at the State level.

Understand, from the standpoint of those in the legal trenches, that you are trying to work out theories that can persuade judges at home on the driving range but not the rifle range, who associate guns with the latest newspaper article about crackheads shooting at each other instead of with shooters who are ashamed to get a moving violation, and live in gated communities where the closest approach to self defense is complaining about the golf ball that hit your windshield...

Full post as published by Of Arms and the Law on November 06, 2008 (boomark / email).