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Criminal Law

: Sentencing Law and Policy

What might 2009 have in store for . . . Second Amendment jurisprudence?

By Douglas A. Berman

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Due to the Supreme Court's remarkable work in Heller (and all of the pre- and post-ruling buzz), one could call 2008 the most eventful year for the Second Amendment since its ratification.  Yet, as regular readers know, I fear that, even with the bold work by the Justices in Heller, the story of the modern Second Amendment now still remains a tale full of sound and fury, signifying nothing.  Indeed, because the post-Heller jurisprudential landscape will begin to take shape over the next few months, I consider 2009 a make-or-break year for the Second Amendment. Intriguingly, the Supreme Court has a Second Amendment sleeper case in Hayes, which concerns a federal prohibition on gun possession by those convicted of a misdemeanor crime of domestic violence...continue to full post

Full post as published by Sentencing Law and Policy on January 02, 2009 (boomark / email).

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