Academic

Green on Substantive Due Process & McDonald v. Chicago

By Lawrence Solum

Christopher R. Green (University of Mississippi - School of Law) has posted Substantive Due Process after McDonald v. Chicago on SSRN. Here is the abstract:

Few were terribly surprised when the Supreme Court announced at the end of June that the Fourteenth Amendment requires states and municipalities to respect the same individual right to keep and bear arms independent of militia service that the Court had enforced against the federal government two years before in Heller v. District of Columbia. The case was nonetheless hotly anticipated, less out of uncertainty over whether one of the Heller majority might actually vote against incorporation, but for details of the decision?s scope and rationale. This short essay canvasses what the various opinions in McDonald have to say about the scope of Fourteenth Amendment gun rights, the nature of Fourteenth Amendment fundamentality, constitutional theory, and constitutional meta-theory.

Full post as published by Legal Theory Blog on October 11, 2010 (boomark / email).