Articles

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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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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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“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...

 

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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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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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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 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 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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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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The Second Amendment in the Tenth Circuit: Three Decades of (Mostly) Harmless Error, Denver University Law Review (2009)

This article provides a detailed analysis of all Second Amendment cases which have been decided...

 

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Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism of J. Harvie Wilkinson, III (with Nelson Lund), Journal of Law & Politics (2008)

Writing in the Virginia Law Review, a distinguished federal judge maintains that true conservatives are...

 

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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...

 

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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...

 

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The Natural Right of Self-Defense: Heller's Lesson for the World, Syracuse Law Review (2008)

The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of...

 

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Armed Resistance to the Holocaust, Journal of Firearms and Public Policy (2007)

Contrary to myth of Jewish passivity, many Jews did fight back during the Holocaust. They...

 

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Self-Defense in Asian Religions, Liberty Law Review (2007)

This Article investigates the attitudes of six Far Eastern religions - Confucianism, Taoism, Hinduism, Sikhism,...

 

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

The genocide in Darfur, Sudan, is perhaps the worst human rights crisis of the new...

 

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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,...

 

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The Gold Standard of Gun Control - Book Review of Joyce Malcolm, Guns and Violence: The English Experience (with Joanne D. Eisen and Paul Gallant), Journal of Law, Economics and Policy (2006)

Guns and Violence tells a remarkable story of a society's self-destruction, of how a government...

 

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The Religious Roots of the American Revolution and the Right to Keep and Bear Arms, Journal of Firearms and Public Policy (2005)

This article examines the religious background of the American Revolution. The article details how the...

 

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The Scottish and English Religious Roots of the American Right to Arms: Buchanan, Rutherford, Locke, Sidney, and the Duty to Overthrow Tyranny, Bridges (2005)

Many twenty-first century Americans believe that they have a God-given right to possess arms as...

 

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Self-Defense: The Equalizer (with Linda Gorman), Forum for Applied Research and Public Policy (2000)

Experiments in tightening gun-control laws have eroded the right of self defense and failed to...

 

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The Evolving Police Power: Some Observations for a New Century (with Glenn Harlan Reynolds), Hastings Constitutional Law Quarterly (2000)

A review of state and federal courts decisions on the scope of state police powers...

 

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All the Way Down the Slippery Slope: Gun Prohibition in England and Some Lessons for Civil Liberties in America (with Joseph Olson), Hamline Law Review (1999)

Whenever civil liberties issues are contested, proponents of greater restrictions often chide civil liberties defenders...

 

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Clueless: The Misuse of Batf Firearms Tracing Data, Michigan State University Detroit College of Law Review (1999)

Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a...

 

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Tench Coxe and the Right to Keep and Bear Arms, 1787-1823, William and Mary Bill of Rights Journal (1999)

Tench Coxe, a member of the second rank of this nation's Founders and a leading...

 

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Taking Federalism Seriously: Lopez and the Partial-Birth Abortion Ban (with Glenn Harlan Reynolds), Connecticut Law Review (1997)

In United States v. Lopez, the United States Supreme Court struck down the federal Gun...

 

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Preventing a Reign of Terror: Civil Liberties Implications of Terrorism Legislation (with Joseph Olson), Oklahoma City Law Review (1996)

Domestic terrorism is not a reason to abrogate constitutional rights, argues this 101-page paper, which...

 

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Lethal Laws, New York Law School Journal of International and Comparative Law (1995)

Book review of Lethal Laws, which examines the relationsip between gun prohibition and genocide in...

 

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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...

 

Contributions to Books

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Poisoned Milk and the Poisoning of Democracy: Some Cautions about China Trade and Taiwan Sovereignty, Globalization of Trade and Human Rights (2008)

This Paper examines some of the benefits and dangers of Taiwan's deepening economic ties to...

 

Unpublished Papers

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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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Christian Pacifism before Constantine (2008)

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

 

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Evolving Christian attitudes towards personal and national self-defense (2007)

This Article analyzes the changes in orthodox Christian attitudes towards defensive violence.

While the article...