The Heller Case

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The Making of a Justice

Author : Justice John Paul Stevens
Publisher : Little, Brown
Page : 560 pages
File Size : 45,8 Mb
Release : 2019-05-14
Category : Biography & Autobiography
ISBN : 9780316489676

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The Making of a Justice by Justice John Paul Stevens Pdf

A "timely and hugely important" memoir of Justice John Paul Stevens's life on the Supreme Court (New York Times). When Justice John Paul Stevens retired from the Supreme Court of the United States in 2010, he left a legacy of service unequaled in the history of the Court. During his thirty-four-year tenure, Justice Stevens was a prolific writer, authoring more than 1000 opinions. In The Making of a Justice, he recounts his extraordinary life, offering an intimate and illuminating account of his service on the nation's highest court. Appointed by President Gerald Ford and eventually retiring during President Obama's first term, Justice Stevens has been witness to, and an integral part of, landmark changes in American society during some of the most important Supreme Court decisions over the last four decades. With stories of growing up in Chicago, his work as a naval traffic analyst at Pearl Harbor during World War II, and his early days in private practice, The Making of a Justice is a warm and fascinating account of Justice Stevens's unique and transformative American life.

The Heller Case

Author : Alan Korwin,David B. Kopel
Publisher : Unknown
Page : 452 pages
File Size : 54,9 Mb
Release : 2008
Category : Law
ISBN : STANFORD:36105134432454

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The Heller Case by Alan Korwin,David B. Kopel Pdf

The Second Amendment on Trial

Author : Saul Cornell,Nathan Kozuskanich
Publisher : Unknown
Page : 0 pages
File Size : 43,9 Mb
Release : 2013
Category : Firearms
ISBN : 1558499946

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The Second Amendment on Trial by Saul Cornell,Nathan Kozuskanich Pdf

On the final day of its 2008 term, a sharply divided U.S. Supreme Court issued a 5-to-4 decision striking down the District of Columbia's stringent gun control laws as a violation of the Second Amendment. Reversing almost seventy years of settled precedent, the high court reinterpreted the meaning of the "right of the people to keep and bear arms" to affirm an individual right to own a gun in the home for purposes of self-defense. The landmark ruling not only opened a new chapter in the contentious history of gun rights and gun control but also revealed both the strengths and problems of originalist constitutional theory and jurisprudence. This volume brings together some of the best scholarship on the Heller case, with essays by legal scholars and historians representing a range of ideological viewpoints and applying different interpretive frameworks. Following the editors' introduction, which describes the issues involved and the arguments on each side, the essays are organized into four sections. The first includes two of the most important historical briefs filed in the case, while the second offers different views of the role of originalist theory. Section three presents opposing interpretations of the ruling and its relationship to modern constitutional doctrine. The final section explores historical research post-Heller, including new findings on patterns of gun ownership in colonial and Revolutionary America. In addition to the editors, contributors include Nelson Lund, Joyce Lee Malcolm, Jack Rakove, Reva B. Siegel, Cass R. Sunstein, Kevin M. Sweeney, and J. Harvie Wilkinson III.

Gunfight: The Battle Over the Right to Bear Arms in America

Author : Adam Winkler
Publisher : W. W. Norton & Company
Page : 361 pages
File Size : 42,7 Mb
Release : 2011-09-19
Category : History
ISBN : 9780393082296

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Gunfight: The Battle Over the Right to Bear Arms in America by Adam Winkler Pdf

A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.

Armed Citizens

Author : Noah Shusterman
Publisher : University of Virginia Press
Page : 354 pages
File Size : 49,9 Mb
Release : 2020-09-01
Category : History
ISBN : 9780813944623

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Armed Citizens by Noah Shusterman Pdf

Although much has changed in the United States since the eighteenth century, our framework for gun laws still largely relies on the Second Amendment and the patterns that emerged in the colonial era. America has long been a heavily armed, and racially divided, society, yet few citizens understand either why militias appealed to the founding fathers or the role that militias played in North American rebellions, in which they often functioned as repressive—and racist—domestic forces. In Armed Citizens, Noah Shusterman explains for a general reader what eighteenth-century militias were and why the authors of the Constitution believed them to be necessary to the security of a free state. Suggesting that the question was never whether there was a right to bear arms, but rather, who had the right to bear arms, Shusterman begins with the lessons that the founding generation took from the history of Ancient Rome and Machiavelli’s reinterpretation of those myths during the Renaissance. He then turns to the rise of France’s professional army during seventeenth-century Europe and the fear that it inspired in England. Shusterman shows how this fear led British writers to begin praising citizens’ militias, at the same time that colonial America had come to rely on those militias as a means of defense and as a system to police enslaved peoples. Thus the start of the Revolution allowed Americans to portray their struggle as a war of citizens against professional soldiers, leading the authors of the Constitution to place their trust in citizen soldiers and a "well-regulated militia," an idea that persists to this day.

The Dirty Dozen

Author : Robert A. Levy,William Mellor
Publisher : Cato Institute
Page : 302 pages
File Size : 44,6 Mb
Release : 2009-08-01
Category : Law
ISBN : 9781935308324

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The Dirty Dozen by Robert A. Levy,William Mellor Pdf

Alexander Hamilton wrote that “the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution.” If only that were true. The Founding Fathers wanted the judicial branch to serve as a check on the power of the legislative and executive, and gave the Supreme Court the responsibility of interpreting the Constitution in a way that would safeguard individual freedoms. In some cases, like Brown V. Board of Education and United States V. Lopez, the Court fulfilled its role, protecting us from racial discrimination and the heavy hand of the federal government. But sadly, the Supreme Court has also handed down many destructive decisions on cases you probably never learned about in school. In The Dirty Dozen, two distinguished legal scholars shed light on the twelve worst cases, which allowed government to interfere in your private contractual agreements; curtail your rights to criticize or support political candidates; arrest and imprison you indefinitely, without filing charges; and seize your private property, without compensation, when someone uses the property for criminal activity—even if you don’t know about it! This is not a book just for lawyers. It’s for all Americans who want to understand how the Supreme Court can affect our right to life, liberty, and the pursuit of happiness. This paperback edition includes a new preface, “Guns, Bailouts, and Empathetic Judges,” which highlights new and critical issues that have arisen since the book’s initial edition was published in 2008.

Gun Control on Trial

Author : Brian Doherty
Publisher : Cato Institute
Page : 170 pages
File Size : 52,5 Mb
Release : 2008-11-01
Category : Political Science
ISBN : 9781933995984

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Gun Control on Trial by Brian Doherty Pdf

In June 2008, the Supreme Court had its first opportunity in seven decades to decide a question at the heart of one of America’s most impassioned debates: Do Americans have a right to possess guns? Gun Control on Trial tells the full story of the Court’s decision in District of Columbia v. Heller, which ended the District’s gun ban. With exclusive behind-the-scenes access throughout the process, author Brian Doherty is uniquely positioned to delve into the issues of this monumental case and provides compelling looks at the inside stories, including the plaintiffs’ fight for the right to protect their lives, the activist lawyers who worked to affirm that right, and the forces who fought to stop the case.

The Positive Second Amendment

Author : Joseph Blocher,Darrell A.H. Miller
Publisher : Cambridge University Press
Page : 217 pages
File Size : 48,7 Mb
Release : 2018-09-13
Category : Law
ISBN : 9781107158696

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The Positive Second Amendment by Joseph Blocher,Darrell A.H. Miller Pdf

Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.

An Introduction to Constitutional Law

Author : Randy E. Barnett,Josh Blackman
Publisher : Aspen Publishing
Page : 473 pages
File Size : 55,5 Mb
Release : 2023-02-28
Category : Law
ISBN : 9798886140736

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An Introduction to Constitutional Law by Randy E. Barnett,Josh Blackman Pdf

An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.

The Law of Misstatements

Author : Kit Barker,Ross Grantham,Warren Swain
Publisher : Bloomsbury Publishing
Page : 622 pages
File Size : 49,5 Mb
Release : 2015-08-27
Category : Law
ISBN : 9781509901883

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The Law of Misstatements by Kit Barker,Ross Grantham,Warren Swain Pdf

2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives-historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the conceptual apparatus of the law of negligence more generally; explores the intersections between misstatement liabilities in contract, tort, equity and under statutory consumer protection provisions; and critically assesses the ways in which advisor liabilities have come to be limited and distributed under systems of 'joint and several' and 'proportionate' liability respectively. Inspired by Hedley Byrne, the purpose of the collection is to reflect on the case's echoes, effects and analogues throughout the private law and to provide a platform for thinking about the ways in which liabilities for misstatement and pure economic loss should be modelled in the modern day.

District of Columbia V. Heller

Author : Tom Streissguth
Publisher : Enslow Publishers, Inc.
Page : 114 pages
File Size : 48,7 Mb
Release : 2013-04
Category : Juvenile Nonfiction
ISBN : 9781464501777

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District of Columbia V. Heller by Tom Streissguth Pdf

"A group of private gun-owners claimed new gun control laws passed by the District of Columbia violated their Second Amendment right to bear arms. This book examines the issues leading up to the case, the people involved in the case, and the present-day effects of the Court's decision"--Provided by publisher

The Right to Bear Arms

Author : Stephen P. Halbrook
Publisher : Bombardier Books
Page : 422 pages
File Size : 44,5 Mb
Release : 2021-05-03
Category : Law
ISBN : 9781637581193

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The Right to Bear Arms by Stephen P. Halbrook Pdf

The U.S. Supreme Court has recognized the individual right to keep and bear arms, but courts in states that have extreme gun control restrictions apply tests that balance the right away. This book demonstrates that the right peaceably to carry firearms is a fundamental right recognized by the text of the Second Amendment and is part of our American history and tradition. Halbrook’s scholarly work is an exhaustive historical treatment of the fundamental, individual right to carry firearms outside of the home. Halbrook traces this right from its origins in England through American colonial times, the American Revolution, the Constitution’s ratification debates, and then through the antebellum and post-bellum periods, including the history surrounding the enactment of the Fourteenth Amendment to the U.S. Constitution. This book is another important contribution by Halbrook to the scholarship concerning the text, history and tradition of the Second Amendment’s right to bear and carry arms.

The Justice of Contradictions

Author : Richard L. Hasen
Publisher : Yale University Press
Page : 245 pages
File Size : 48,9 Mb
Release : 2018-03-20
Category : Biography & Autobiography
ISBN : 9780300228649

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The Justice of Contradictions by Richard L. Hasen Pdf

An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order

The Original Meaning of the Fourteenth Amendment

Author : Randy E. Barnett,Evan D. Bernick
Publisher : Harvard University Press
Page : 489 pages
File Size : 49,6 Mb
Release : 2021-11-02
Category : Law
ISBN : 9780674257764

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The Original Meaning of the Fourteenth Amendment by Randy E. Barnett,Evan D. Bernick Pdf

A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.

That Every Man be Armed

Author : Stephen P. Halbrook
Publisher : UNM Press
Page : 336 pages
File Size : 44,8 Mb
Release : 2013
Category : Law
ISBN : 9780826352989

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That Every Man be Armed by Stephen P. Halbrook Pdf

"A revised and updated edition of Halbrook's 1984 book discussing the Second Amendment and the individual right to bear arms"--Provided by publisher.