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18 Dec 2018, 9:02 pm by Edward A. Fallone
  In the case of all natural rights, the people understood that the government’s role was to preserve natural rights against interference from private actors and to restrain the exercise of these natural rights in circumstances where the people’s representatives in the legislature had determined that such restraint was for the public good. [read post]
17 May 2010, 9:40 am
 The hearings will occur in the aftermath of the Supreme Court's pending decision in McDonald v. [read post]
18 Aug 2010, 8:34 pm
 Some strong supporters of the right to bear arms (understood post-Heller/McDonald as an individual right)  think that all people who are eligible to carry firearms should carry firearms. [read post]
29 Sep 2010, 10:33 pm
Humanitarian Law Project the Court split on ideological lines (except for Stevens joining the conservatives) to uphold the application of the "material aid" law to people who wanted to assist the non-violent wings of listed terrorist organizations by training them in peaceful conflict resolution. 2) In Citizens United v. [read post]
6 Jun 2021, 4:47 am by SHG
Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939). [read post]
1 May 2024, 6:30 am by Guest Blogger
”  The Court’s decision in Roe v. [read post]
2 Dec 2022, 6:30 am by Guest Blogger
Even if guns are not agents that themselves kill people, it is beyond argument that people with guns often kill other people and, perhaps as importantly, kill themselves as a means of committing suicide. [read post]
2 Mar 2018, 8:52 am by Joseph Fishkin
  In the 2005 Supreme Court case of Castle Rock v. [read post]
2 Mar 2018, 8:52 am by Joseph Fishkin
  In the 2005 Supreme Court case of Castle Rock v. [read post]
18 Jul 2019, 8:32 am
Ironically, it was the 2008 judicial battle in Heller v. [read post]
11 May 2022, 3:51 pm by Joseph Fishkin
Particularly since it is far more originalist than anything in Alito’s opinion.Basically my point is that the Dobbs dissents should avoid what I think was something of a strategic error in the Heller dissent. [read post]