DLJ Online

A Close Reading of an Excellent Distant Reading of Heller in the Courts

Posted on September 21st, 2018

Volume 68 September 2018 A Close Reading of an Excellent Distant Reading of Heller in the Courts George A. Mocsary††. Associate Professor, Southern Illinois University School of Law. Fordham University School of Law, J.D., summa cum laude, 2009; University of Rochester Simon School of Business, M.B.A., 1997. I would like to thank John Anderson, William Continue Reading »

The Constitutional Politics Heller Launched

Posted on September 21st, 2018

Volume 68 September 2018 The Constitutional Politics Heller Launched Michael C. Dorf††. Robert S. Stevens Professor of Law, Cornell Law School. PDF In a recent essay in the New York Times, retired Supreme Court Justice John Paul Stevens called for the repeal of the Second Amendment.[1][1]. John Paul Stevens, John Paul Stevens: Repeal the Second Continue Reading »

Romanticism Meets Realism in Second Amendment Adjudication

Posted on September 21st, 2018

Volume 68 September 2018  ROMANTICISM MEETS REALISM IN SECOND AMENDMENT ADJUDICATION Darrell A. H. Miller††. Melvin G. Shimm Professor of Law, Duke University School of Law. PDF Eric Ruben and Joseph Blocher have done a tremendous service to constitutional scholarship with this empirical study of lower court cases in the ten-year wake of District of Columbia Continue Reading »

Collaborative Construction Of A New Legal Field

Posted on September 21st, 2018

Volume 68 September 2018 COLLABORATIVE CONSTRUCTION OF A NEW LEGAL FIELD Ronald F. Wright & Mark A. Hall ††. Needham Y. Gulley Professor of Criminal Law, and Fred & Elizabeth Turnage Professor of Law, respectively, both at Wake Forest University. PDF INTRODUCTION Eric Ruben and Joseph Blocher have announced the birth of an “entire field Continue Reading »

Is The Second Amendment A Second Class Right?

Posted on September 21st, 2018

Volume 68 September 2018 IS THE SECOND AMENDMENT A SECOND CLASS RIGHT Adam M. Samaha & Roy Germano††. Inez Milholland Professor of Civil Liberties, New York University School of Law; Research Scholar, New York University School of Law. Thanks to Joseph Blocher, Jessica Bulman-Pozen, Emiliano Catan, Phil Cook, Lee Epstein, Jonah Gelbach, Eric Ruben, and Continue Reading »

You Can Lead a Horse to Water: Heller and The Future of Second Amendment Scholarship

Posted on September 21st, 2018

Volume 68 September 2018 YOU CAN LEAD A HORSE TO WATER: HELLER AND THE FUTURE OF SECOND AMENDMENT SCHOLARSHIP Eric Ruben & Joseph Blocher††. Adjunct Professor of Law, New York University School of Law, and Fellow, Brennan Center for Justice at New York University School of Law; Lanty L. Smith ‘67 Professor of Law Duke Continue Reading »

Comment On Ruben and Blocher: Too Damn Many Cases, and an Absent Supreme Court

Posted on September 21st, 2018

Volume 68 September 2018 COMMENT ON RUBEN AND BLOCHER: TOO DAMN MANY CASES, AND AN ABSENT SUPREME COURT Sanford Levinson††. W. St. John Garwood and W. St. John Garwood Jr. Centennial Chair in Law, University of Texas Law School; Professor of Government, University of Texas at Austin. I am, as always, grateful to Mark Graber Continue Reading »

Devising Rule of Law Baselines: The Next Step in Quantitative Studies of Judging

Posted on May 18th, 2018

Volume 67 May 2018 devising rule of law baselines: the next step in quantitative studies of judging Brian Z. Tamanaha††. John S. Lehmann University Professor, Washington University School of Law. This Article originally appeared on the Legal Workshop as part of the Duke Law Journal’s 2010 “Symposium on Evaluating Judging, Judges, and Judicial Institutions.”   Continue Reading »

Distinguishing Causal and Normative Questions in Empirical Studies of Judging

Posted on May 18th, 2018

Volume 67 May 2018 Distinguishing Causal and Normative Questions in Empirical Studies of Judging Patrick S. Shin††. Associate Dean for Academic Affairs and Professor of Law, Suffolk University Law School; J.D., Harvard Law School; Ph.D. (Philosophy), Harvard University. This Article originally appeared on the Legal Workshop as part of the Duke Law Journal’s 2010 “Symposium Continue Reading »

Investigating Judicial Responses to Rules

Posted on May 18th, 2018

Volume 67 May 2018 Investigating Judicial Responses to Rules Emily Sherwin††. Frank B. Ingersoll Professor of Law, Cornell Law School. This Article originally appeared on the Legal Workshop as part of the Duke Law Journal’s 2010 “Symposium on Evaluating Judging, Judges, and Judicial Institutions.”   Much has been written about the process by which judges Continue Reading »

DLJ Online

A Close Reading of an Excellent Distant Reading of Heller in the Courts

Posted on September 21st, 2018

Volume 68 September 2018 A Close Reading of an Excellent Distant Reading of Heller in the Courts George A. Mocsary††. Associate Professor, Southern Illinois University School of Law. Fordham University School of Law, J.D., summa cum laude, 2009; University of Rochester Simon School of Business, M.B.A., 1997. I would like to thank John Anderson, William Continue Reading »

The Constitutional Politics Heller Launched

Posted on September 21st, 2018

Volume 68 September 2018 The Constitutional Politics Heller Launched Michael C. Dorf††. Robert S. Stevens Professor of Law, Cornell Law School. PDF In a recent essay in the New York Times, retired Supreme Court Justice John Paul Stevens called for the repeal of the Second Amendment.[1][1]. John Paul Stevens, John Paul Stevens: Repeal the Second Continue Reading »

Romanticism Meets Realism in Second Amendment Adjudication

Posted on September 21st, 2018

Volume 68 September 2018  ROMANTICISM MEETS REALISM IN SECOND AMENDMENT ADJUDICATION Darrell A. H. Miller††. Melvin G. Shimm Professor of Law, Duke University School of Law. PDF Eric Ruben and Joseph Blocher have done a tremendous service to constitutional scholarship with this empirical study of lower court cases in the ten-year wake of District of Columbia Continue Reading »

Collaborative Construction Of A New Legal Field

Posted on September 21st, 2018

Volume 68 September 2018 COLLABORATIVE CONSTRUCTION OF A NEW LEGAL FIELD Ronald F. Wright & Mark A. Hall ††. Needham Y. Gulley Professor of Criminal Law, and Fred & Elizabeth Turnage Professor of Law, respectively, both at Wake Forest University. PDF INTRODUCTION Eric Ruben and Joseph Blocher have announced the birth of an “entire field Continue Reading »

Is The Second Amendment A Second Class Right?

Posted on September 21st, 2018

Volume 68 September 2018 IS THE SECOND AMENDMENT A SECOND CLASS RIGHT Adam M. Samaha & Roy Germano††. Inez Milholland Professor of Civil Liberties, New York University School of Law; Research Scholar, New York University School of Law. Thanks to Joseph Blocher, Jessica Bulman-Pozen, Emiliano Catan, Phil Cook, Lee Epstein, Jonah Gelbach, Eric Ruben, and Continue Reading »

You Can Lead a Horse to Water: Heller and The Future of Second Amendment Scholarship

Posted on September 21st, 2018

Volume 68 September 2018 YOU CAN LEAD A HORSE TO WATER: HELLER AND THE FUTURE OF SECOND AMENDMENT SCHOLARSHIP Eric Ruben & Joseph Blocher††. Adjunct Professor of Law, New York University School of Law, and Fellow, Brennan Center for Justice at New York University School of Law; Lanty L. Smith ‘67 Professor of Law Duke Continue Reading »

Comment On Ruben and Blocher: Too Damn Many Cases, and an Absent Supreme Court

Posted on September 21st, 2018

Volume 68 September 2018 COMMENT ON RUBEN AND BLOCHER: TOO DAMN MANY CASES, AND AN ABSENT SUPREME COURT Sanford Levinson††. W. St. John Garwood and W. St. John Garwood Jr. Centennial Chair in Law, University of Texas Law School; Professor of Government, University of Texas at Austin. I am, as always, grateful to Mark Graber Continue Reading »

Devising Rule of Law Baselines: The Next Step in Quantitative Studies of Judging

Posted on May 18th, 2018

Volume 67 May 2018 devising rule of law baselines: the next step in quantitative studies of judging Brian Z. Tamanaha††. John S. Lehmann University Professor, Washington University School of Law. This Article originally appeared on the Legal Workshop as part of the Duke Law Journal’s 2010 “Symposium on Evaluating Judging, Judges, and Judicial Institutions.”   Continue Reading »

Distinguishing Causal and Normative Questions in Empirical Studies of Judging

Posted on May 18th, 2018

Volume 67 May 2018 Distinguishing Causal and Normative Questions in Empirical Studies of Judging Patrick S. Shin††. Associate Dean for Academic Affairs and Professor of Law, Suffolk University Law School; J.D., Harvard Law School; Ph.D. (Philosophy), Harvard University. This Article originally appeared on the Legal Workshop as part of the Duke Law Journal’s 2010 “Symposium Continue Reading »

Investigating Judicial Responses to Rules

Posted on May 18th, 2018

Volume 67 May 2018 Investigating Judicial Responses to Rules Emily Sherwin††. Frank B. Ingersoll Professor of Law, Cornell Law School. This Article originally appeared on the Legal Workshop as part of the Duke Law Journal’s 2010 “Symposium on Evaluating Judging, Judges, and Judicial Institutions.”   Much has been written about the process by which judges Continue Reading »