David Kopel is Adjunct Professor of Advancer Constitutional Law at Denver
University, Sturm College of Law. He is also Research Director of the Independence
Institute, a think tank in Golden, Colorado. Kopel is the author of 12 books and 71
published scholarly journal articles. In additino, Kopel is an Associate Policy Analyst
at the Cato Institute, and a technology policy writer at the Heartland Institute. He
writes frequently for The Volokh Conspiracy weblog. He graduated magna cum laude from the
University of Michigan Law School in 1985, and with Highest Honors from Brown University
in 1982 

Religion

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The Keystone of the Second Amendment: Quakers, the Pennsylvania Constitution, and the Questionable Scholarship of Nathan Kozuskanich (with Clayton Cramer), Widener Law Journal (2010)

Historian Nathan Kozuskanich claims that the Second Amendment-like the arms provision of the 1776 Pennsylvania...

 

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Christian Pacifism before Constantine (2008)

Much recent scholarship on early Christianity has emphasized the diversity of early Christian thought. This...

 

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Dhimmitude and Disarmament, George Mason University Civil Rights Law Journal (2008)

Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to...

 

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Pacifist Aggressives vs. the Second Amendment: An Analysis of Modern Philosophies of Compulsory Non-Violence, Charleston Law Review (2008)

This Article examines the strengths and weaknesses of modern pacifist religious philosophy. The Article suggests...

 

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The Human Right of Self-Defense (with Paul Gallant and Joanne D. Eisen), BYU Journal of Public Law (2008)

The United Nations Human Rights Council has declared that there is no human right to...

 

International Law

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How Many Global Deaths from Arms? Reasons to Question the 740,000 Factoid being used to Promote the Arms Trade Treaty (with Paul Gallant and Joanne D. Eisen), NYU Journal of Law & Liberty (2010)

Currently, the United Nations is drafting an Arms Trade Treaty to impose strict controls on...

 

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The Arms Trade Treaty: Zimbabwe, the Democratic Republic of the Congo, and the Prospects for Arms Embargoes on Human Rights Violators. (with Paul Gallant and J0anne D. Eisen), Penn State Law Review (2010)

Advocates of the proposed United Nations Arms Trade Treaty (ATT) promise that it will prevent...

 

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Dhimmitude and Disarmament, George Mason University Civil Rights Law Journal (2008)

Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to...

 

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Human Rights and Gun Confiscation, Quinnipiac Law Review (2008)

This Article addresses a human rights problem which has been generally ignored by the advocates...

 

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Is there a Relationship between Guns and Freedom? Comparative Results from 59 Nations (with Carlisle Moody and Howard Nemerov), Texas Review of Law & Politics (2008)

There are 59 nations for which data about per capita gun ownership are available. This...

 

Legal History

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Bad News for John Marshall (with Gary Lawson), Yale Law Journal Online (2012)

In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated...

 

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How the British Gun Control Program Precipitated the American Revolution, Charleston Law Review (2012)

Abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the...

 

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The American Revolution against British Gun Control, Administrative and Regulatory Law News (2012)

This Article reviews the British gun control program that precipitated the American Revolution: the 1774...

 

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“Health Laws of Every Description”: John Marshall’s Ruling on a Federal Health Care Law (with Robert G. Natelson), Engage (2011)

If John Marshall, the greatest of Chief Justices, were to hear a challenge to the...

 

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Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate (with Gary Lawson), Yale Law Journal Online (2011)

In "Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform," Professor Andrew...

 

Criminal Law and Procedure

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Knives and the Second Amendment, ExpressO (2013)

This Article is the first scholarly analysis of knives and the Second Amendment. Knives are...

 

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Reducing the Drug War's Damage to Government Budgets (with Trevor Burrus), Harvard Journal of Law & Public Policy (2012)

This Article examines ways that governments can mitigate the economic damage caused by the drug...

 

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Mexico’s Federal Law of Firearms and Explosives, ExpressO (2010)

This Article presents a full English translation of the Mexican gun control statute, and of...

 

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Pretend “Gun-free” School Zones: A Deadly Legal Fiction, Connecticut Law Review (2009)

Most states issue permits to carry a concealed handgun for lawful protection to an applicant...

 

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Dhimmitude and Disarmament, George Mason University Civil Rights Law Journal (2008)

Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to...

 

Constitutional Law

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Knives and the Second Amendment, ExpressO (2013)

This Article is the first scholarly analysis of knives and the Second Amendment. Knives are...

 

PDF

Bad News for John Marshall (with Gary Lawson), Yale Law Journal Online (2012)

In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated...

 

PDF

How the British Gun Control Program Precipitated the American Revolution, Charleston Law Review (2012)

Abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the...

 

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Reducing the Drug War's Damage to Government Budgets (with Trevor Burrus), Harvard Journal of Law & Public Policy (2012)

This Article examines ways that governments can mitigate the economic damage caused by the drug...

 

Link

The American Revolution against British Gun Control, Administrative and Regulatory Law News (2012)

This Article reviews the British gun control program that precipitated the American Revolution: the 1774...

 

Human Rights Law

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How the British Gun Control Program Precipitated the American Revolution, Charleston Law Review (2012)

Abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the...

 

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The Arms Trade Treaty: Zimbabwe, the Democratic Republic of the Congo, and the Prospects for Arms Embargoes on Human Rights Violators. (with Paul Gallant and J0anne D. Eisen), Penn State Law Review (2010)

Advocates of the proposed United Nations Arms Trade Treaty (ATT) promise that it will prevent...

 

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The Right to Arms in the Living Constitution, Cardozo Law Review, De Novo (2010)

This Article presents a brief history of the Second Amendment as part of the living...

 

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Dhimmitude and Disarmament, George Mason University Civil Rights Law Journal (2008)

Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to...

 

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Human Rights and Gun Confiscation, Quinnipiac Law Review (2008)

This Article addresses a human rights problem which has been generally ignored by the advocates...

 

Law and Society

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State Court Standards of Review for the Right to Keep and Bear Arms (with Clayton Cramer), Santa Clara Law Review (2010)

Cases on the right to arms in state constitutions can provide useful guidance for courts...

 

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The Right to Arms in the Living Constitution, Cardozo Law Review, De Novo (2010)

This Article presents a brief history of the Second Amendment as part of the living...

 

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Pretend “Gun-free” School Zones: A Deadly Legal Fiction, Connecticut Law Review (2009)

Most states issue permits to carry a concealed handgun for lawful protection to an applicant...

 

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Dhimmitude and Disarmament, George Mason University Civil Rights Law Journal (2008)

Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to...

 

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The Human Right of Self-Defense (with Paul Gallant and Joanne D. Eisen), BYU Journal of Public Law (2008)

The United Nations Human Rights Council has declared that there is no human right to...

 

Civil Rights

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The Right to Arms in the Living Constitution, Cardozo Law Review, De Novo (2010)

This Article presents a brief history of the Second Amendment as part of the living...

 

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Human Rights and Gun Confiscation, Quinnipiac Law Review (2008)

This Article addresses a human rights problem which has been generally ignored by the advocates...

 

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The Human Right of Self-Defense (with Paul Gallant and Joanne D. Eisen), BYU Journal of Public Law (2008)

The United Nations Human Rights Council has declared that there is no human right to...

 

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Is Resisting Genocide a Human Right? (with Joanne D. Eisen and Paul Gallant), Notre Dame Law Review (2006)

Closely examining the Darfur, Sudan, genocide, and making reference to other genocides, this Article argues...

 

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The Catholic Second Amendment, Hamline Law Review (2006)

At the beginning of the second millennium, there was no separation of church and state,...

 

Comparative Law

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Mexico’s Federal Law of Firearms and Explosives, ExpressO (2010)

This Article presents a full English translation of the Mexican gun control statute, and of...

 

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How Many Global Deaths from Arms? Reasons to Question the 740,000 Factoid being used to Promote the Arms Trade Treaty (with Paul Gallant and Joanne D. Eisen), NYU Journal of Law & Liberty (2010)

Currently, the United Nations is drafting an Arms Trade Treaty to impose strict controls on...

 

PDF

Dhimmitude and Disarmament, George Mason University Civil Rights Law Journal (2008)

Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to...

 

PDF

Human Rights and Gun Confiscation, Quinnipiac Law Review (2008)

This Article addresses a human rights problem which has been generally ignored by the advocates...

 

PDF

Is there a Relationship between Guns and Freedom? Comparative Results from 59 Nations (with Carlisle Moody and Howard Nemerov), Texas Review of Law & Politics (2008)

There are 59 nations for which data about per capita gun ownership are available. This...

 

Public Law and Legal Theory

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Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate (with Gary Lawson), Yale Law Journal Online (2011)

In "Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform," Professor Andrew...

 

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Pretend “Gun-free” School Zones: A Deadly Legal Fiction, Connecticut Law Review (2009)

Most states issue permits to carry a concealed handgun for lawful protection to an applicant...

 

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Human Rights and Gun Confiscation, Quinnipiac Law Review (2008)

This Article addresses a human rights problem which has been generally ignored by the advocates...

 

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Is there a Relationship between Guns and Freedom? Comparative Results from 59 Nations (with Carlisle Moody and Howard Nemerov), Texas Review of Law & Politics (2008)

There are 59 nations for which data about per capita gun ownership are available. This...

 

Education Law

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Pretend “Gun-free” School Zones: A Deadly Legal Fiction, Connecticut Law Review (2009)

Most states issue permits to carry a concealed handgun for lawful protection to an applicant...

 

Social Welfare

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The PPACA in Wonderland (with Gary Lawson), American Journal of Law & Medicine (2012)

The question whether the Patient Protection and Affordable Care Act (“PPACA”) is “unconstitutional” is thorny,...

 

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Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate (with Gary Lawson), Yale Law Journal Online (2011)

In "Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform," Professor Andrew...

 

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Commerce in the Commerce Clause: A Response to Jack Balkin (with Robert G. Natelson), Michigan Law Review First Impressions (2010)

The Constitution’s original meaning is its meaning to those ratifying the document during a discrete...

 

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Pretend “Gun-free” School Zones: A Deadly Legal Fiction, Connecticut Law Review (2009)

Most states issue permits to carry a concealed handgun for lawful protection to an applicant...

 

Legislation

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Bad News for John Marshall (with Gary Lawson), Yale Law Journal Online (2012)

In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated...

 

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Reducing the Drug War's Damage to Government Budgets (with Trevor Burrus), Harvard Journal of Law & Public Policy (2012)

This Article examines ways that governments can mitigate the economic damage caused by the drug...

 

PDF

The PPACA in Wonderland (with Gary Lawson), American Journal of Law & Medicine (2012)

The question whether the Patient Protection and Affordable Care Act (“PPACA”) is “unconstitutional” is thorny,...

 

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“Health Laws of Every Description”: John Marshall’s Ruling on a Federal Health Care Law (with Robert G. Natelson), Engage (2011)

If John Marshall, the greatest of Chief Justices, were to hear a challenge to the...

 

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Pretend “Gun-free” School Zones: A Deadly Legal Fiction, Connecticut Law Review (2009)

Most states issue permits to carry a concealed handgun for lawful protection to an applicant...

 

Organizations

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How Many Global Deaths from Arms? Reasons to Question the 740,000 Factoid being used to Promote the Arms Trade Treaty (with Paul Gallant and Joanne D. Eisen), NYU Journal of Law & Liberty (2010)

Currently, the United Nations is drafting an Arms Trade Treaty to impose strict controls on...

 

Health Care

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The PPACA in Wonderland (with Gary Lawson), American Journal of Law & Medicine (2012)

The question whether the Patient Protection and Affordable Care Act (“PPACA”) is “unconstitutional” is thorny,...

 

Right to Arms

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The American Revolution against British Gun Control, Administrative and Regulatory Law News (2012)

This Article reviews the British gun control program that precipitated the American Revolution: the 1774...

 

No subject area

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“Sorry, Wrong Number”: Why Media Polls on Gun Control are so Often Unreliable (with Gary Mauser), Political Communication and Persuasion (1992)

How scientific are the polls reported in the media on the gun control issue? Without...