533 research outputs found
Amanda A. Jackson v. City of Richmond
Supreme Court of Appeals of Virginia at Richmondhttps://scholarlycommons.law.wlu.edu/va-supreme-court-records-vol152/1003/thumbnail.jp
Negligent Rescue Resulting in Death Is Not Actionable Under Section 1983: Jackson v. City of Joliet, 715 F.2d 1200, cert. denied, 104 S. Ct. 1325 (1984)
From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms After Heller
As a matter of constitutional doctrine, the right to keep and bear arms is coming of age. But although the doctrine has begun to mature in the decade since District of Columbia v. Heller , scholars, advocates, and judges disagree about (and sometimes simply do not know) how to characterize it.
This Article is the first comprehensive empirical analysis of post- Heller Second Amendment doctrine. Beginning with a set of more than one thousand Second Amendment challenges, we have coded every available Second Amendment opinion—state and federal, trial and appellate—from Heller up until February 1, 2016. The dataset is deep as well as broad, including dozens of variables regarding the content of each challenge, not just whether it prevailed. Our findings help provide an objective basis for characterizing Second Amendment doctrine and framing new scholarly inquiries. This is a particularly important task now, as the Amendment becomes a part of “normal” constitutional law and increasingly susceptible to the standard tools of legal analysis
Richard A. Graham, Plaintiff, v. St. John\u27s United Methodist Church, The Illinois Great Rivers Conference of the United Methodist Church and Reverent Sheryl Palmer, in her individual capacity, Defendants.
Lethality, Public Carry, and Adequate Alternatives
This Article explores the relationship between lethality and the right to bear arms, and considers how that relationship might be shaped by the availability of non-lethal alternative weapons. Prior scholarship has asked whether the Second Amendment includes a right to carry non-lethal “Arms.” An important set of related questions remains: does the Second Amendment necessarily include a right to arm oneself publicly with lethal force, if non-lethal alternatives are available? And how should one evaluate the adequacy of those alternatives
A Right/Duty Perspective on the Legal and Philosophical Foundations of the No-Duty-To-Rescue Rule
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