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Criminal Law

: Sentencing Law and Policy

The legal backstory of Heller

By Douglas A. Berman

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Over at Reason online, one can now find this lengthy article telling the backstory of the case that resulting the the Heller ruling. The article is titled "How the Second Amendment Was Restored: The inside story of how a gang of libertarian lawyers made constitutional history." Ultimately, I share Ilya Somin's view that this article overstates the ultimate importance and significance of Heller. But this article is still a must-read as a piece of modern legal history, and also for a useful set of lessons for anyone seriously committed to impact-oriented constitutional litigation. Some related posts on the Heller's (lack of) importance: Is anyone (other than me) discussing the apparent insignificance of Heller? District Court rejects Second Amendment claim from misdemeanant Another (too?) brief opinion rejecting misdemeanant's Second Amendment claim Still more proof that federal courts have no real interest in gun rights Has there been a single pro-gun-rights rulings in lower courts since Heller? Justice Scalia sells out felon gun rights, but on what basis exactly? An argument that the Second Amendment and Heller should help Weldon Angelos continue to full post

Full post as published by Sentencing Law and Policy on November 20, 2008 (boomark / email).