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  • Do Some Courts Underenforce the Second Amendment?

    Do Some Courts Underenforce the Second Amendment?0

    Originally published on Reason.com This Fall, the Duke Law Journal held a symposium Heller at Ten: A Symposium on From Theory to Doctrine. All of the articles are, at least partially, responses to an article Eric Ruben and Joseph Blocher that analyzed data for all post-Heller cases, from 2008 until early 2016. From Theory to Doctrine:

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  • Supreme Court Should Clarify Second Amendment Test0

    Originally published on Reason.com Today I filed an amicus brief in support of the cert. petition in Mance v. Whitaker. The case is a challenge to the federal ban on interstate handgun sales. But more importantly, it is a good vehicle for the Court to clarify how lower courts should review Second Amendment challenges. Background: In

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  • Moore v. Madigan, Key Points

    Moore v. Madigan, Key Points0

    Originally published on Volokh.com Judge Posner’s opinion for a 2-1 panel of the 7th Circuit. Illinois is the only state which forbids gun carrying in public as a matter of law. There is no provision for the issuance of licenses for concealed carry, or for open carry. Both are banned. There are some exceptions for particular

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