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27 Mar 2012, 5:25 am
David Kopel similarly argues that Zimmerman’s guilt or innocence (depending on which version of events is accepted) is no different in Florida from what it would be under the law of New York or any other state; he also defends the rationale for Florida’s use of an immunity, which he argues “does not change the law, but… apparently is effective at reminding law enforcement officers of the standard they are required to obey” under court precedents… [read post]
23 Mar 2012, 6:40 am
Gary Lawson and David Kopel respond that the Necessary and Proper Clause cannot do the heavy lifting that Koppelman assigns it, citing historical evidence to show the original meaning of that Clause is too narrow to justify such sweeping legislation. [read post]
8 Mar 2012, 1:09 pm
(David Kopel) On Friday, March 9, Fordham Law School is holding an all-day symposium on the Second Amendment. [read post]
8 Mar 2012, 6:00 am
Gary Lawson & David B. [read post]
6 Mar 2012, 9:47 am
It elicited an eviscerating response from Gary Lawson and David Kopel, Bad News for John Marshall.I now defend myself in Bad News for Everybody: Lawson and Kopel on Health Care Reform and Originalism.The argument has essentially left health care behind. [read post]
5 Mar 2012, 9:00 pm
Gary Lawson and David Kopel’s Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate argues, on the basis of recent research, that the Necessary and Proper Clause incorporates norms from eighteenth-century agency law, administrative law, and corporate law, and that the health care mandate (and perhaps much else in the U.S. [read post]
5 Mar 2012, 11:28 am
UPDATE: Whoops — David Kopel beat me to this. [read post]
5 Mar 2012, 11:21 am
(David Kopel) Colorado’s 2003 Concealed Carry Act provides that licenses issued pursuant to the CCA shall be valid “in all areas of the state, except as specifically limited” by other portions of the CCA (such as the rule that CCA licensees can have a gun in the car when they are on K-12 school property, but may not carry the gun outside the car). [read post]
5 Mar 2012, 10:37 am
(David Kopel) Earlier today, Maryland federal district Benson Everett Legg decided the case of Woollard v. [read post]
29 Feb 2012, 11:33 am
(David Kopel) A few weeks ago, the New York Times reported that the NY Police Department was working with the Department of Defense on a remote firearms detector. [read post]
15 Feb 2012, 7:45 am
David Kopel is the author of an excellent brief on behalf of the Independence Institute, Gary Lawson, Robert Natelson, and Guy Seidman, which focuses on a different aspect of the Necessary and Proper Clause. [read post]
9 Feb 2012, 10:46 am
(David Kopel) That’s the title of a new article by Gary Lawson and me, forthcoming in a symposium issue of Boston University’s American Journal of Law & Medicine. [read post]
5 Feb 2012, 10:34 am
(David Kopel) Next spring semester, I will be teaching a First Amendment class. [read post]
20 Jan 2012, 7:02 am
Also at the Volokh Conspiracy, David Kopel discusses an amicus brief that he filed on the question of the Medicaid mandate. [read post]
20 Jan 2012, 6:58 am
In a recent post discussing a brief he has submitted in the mandate litigation, David Kopel writes: Intelligent comments are welcome, although experience suggests that there will also be plenty of comments from twits who have not read the brief, yet proclaim their absolute certainty about supposedly fatal errors in its legal reasoning. [read post]
20 Jan 2012, 4:21 am
Gary Lawson and David B. [read post]
19 Jan 2012, 11:30 am
(David Kopel) On behalf of the Independence Institute, Rob Natelson and I wrote an amicus brief on the Medicaid mandate currently before the Supreme Court. [read post]
11 Jan 2012, 3:55 pm
(Eugene Volokh) I share David Kopel’s disapproval of Mercedes-Benz’s use of Che Guevara in its promotional activities. [read post]
11 Jan 2012, 2:24 pm
UPDATE: From David Kopel at the Volokh Conspiracy: “Mercedes-Benz: The car for people who admire mass-murdering racist totalitarian thugs.” [read post]
11 Jan 2012, 1:08 pm
(David Kopel) Mercedes-Benz’s latest marketing ploy is to associate itself with Che Guevera. [read post]
