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Article
Heller's Future in the Lower Courts
Northwestern University Law Review
(2008)
Abstract
The Supreme Court's recent decision in District of Columbia v. Heller not only established an individual right to gun ownership, but also overturned - by a 9-0 margin - lower-court caselaw based on a "collective right" interpretation of the Second Amendment. This article looks at how Heller is likely to fare in the lower courts, based on experience with other recent Supreme Court decisions, and incorporates new scholarship on decision rules and the so-called "new doctrinalism."
Keywords
- heller,
- guns,
- firearms,
- constitutional law,
- second amendment,
- gun control,
- decision rules
Disciplines
Publication Date
2008
Citation Information
Glenn Reynolds and Brannon P. Denning. "Heller's Future in the Lower Courts" Northwestern University Law Review Vol. 102 (2008) p. 406 - 414 Available at: http://works.bepress.com/glenn-reynolds/24/