For Oct 9


(1) HEMENWAY: 152-176 - REMEMBER - THIS WAS WRITTEN BEFORE DC V. HELLER

pp 152-160: you can read this or skip it. I think it reads, now, as an indicator of how much law Scalia chose to discard in his DC v. Heller decision. lternatively, you can think of it as the legal basis for what Scalia decided were "presumptively lawful" restrictions.

161 - on

what are majority American views on gun control

factors undermining state and local policies

impacts of gun control laws on suicide

crime gun movement

nature of state and local firearms regulations

counterfactual

disarming batterers

sentence enhancement /Project Exile

one-gun-per-month

purchase denials


(2) WEBSTER Rosenthal and Winkler: "The Scope of regulatory authority under the Second Amendment" pp. 225-238

2nd Amendment: key text

District of Columbia v. Heller and what this decision characterized as "presumptively lawful"

in Heller: "core interest at the heard of the Second Amendment" (227)

"two pronged approach to Second Amendment challenges" (226 on): scope and burden

well regulated (228)

strict scrutiny

intermediate scrutiny

rational basis

interest-balancing approach

presumptively lawful

firearms "in common use"

"dangerous and unusual weapons"

means-ends scrutiny

 

NOTE - LINK TO MAJORITY OPINION IN DC V. HELLER, AND TWO DISSENTING OPINIONS

https://www.law.cornell.edu/supct/html/07-290.ZO.html