Second Amendment-A Modern And Historical Perspective (Goldstein)
Additional Information
Satisfies Senior Writing RequirementNo
Class meets in person.
Meeting Times/Location
R 4:30PM - 6:20PM
Silverman Hall 280
Category
Upper-Level
Credits
2.0
There are few topics in emerging Constitutional law with more white space than the Second Amendment to the United States Constitution.
This course will provide an overview of modern 2nd Amendment jurisprudence from Heller through McDonald, N.Y. State Rifle & Pistol Association and Bruen. The course will review tension that currently exists between Circuits in several areas including magazine capacity restrictions, so called "assault weapons" bans and certain age related restrictions on firearms ownership.
A number of open questions provide ample pedagogical opportunities including 1) the limits of time, place and manner restrictions on the Second Amendment; 2) the standard of review required when considering government imposition on the Second Amendment; 3) the extent to which the Second Amendment protects conduct outside the home; and, 4) the degree to which the Second Amendment is implicit in the concept of ordered liberty.
Students can learn from an active practitioner in this space how the contours of the Second Amendment are being shaped through litigation and legislation across the United States. The instructor’s own work in this area will be supplemented through guest lectures from an array of prominent litigators and intellectuals from across the ideological spectrum.
Textbooks
"Firearms Law and the Second Amendment: Regulation, Rights, and Policy" by Nicholas J. Johnson, David B. Kopel, George A. Mocsary, Michael P. O'Shea |