The Second Amendment’s Racial Justice Complexities
By DANIEL S. HARAWA. Full Text. The relationship between the Second Amendment and racial justice is complicated. That’s because the relationship between pe- nal administration and racial justice is complicated. The briefing in New York State Rifle & Pistol Association v. Bruen perfectly proves this point. A group of public defenders favored striking down New…
Continue ReadingTrouble’s Bruen: The Lower Courts Respond
By BRANNON P. DENNING AND GLENN H. REYNOLDS. Full Text. New York State Rifle & Pistol Ass’n v. Bruen revolutionized the understanding of how Second Amendment cases are to be adjudicated. Rejecting the tiered-scrutiny analysis around which the lower courts had coalesced since the 2008 Heller decision, the Court instructed courts to look to history…
Continue ReadingScientific Context, Suicide Prevention, and the Second Amendment After Bruen
By ERIC RUBEN. Full Text. The Supreme Court declared in New York State Rifle & Pistol Ass’n v. Bruen that modern gun laws must be “consistent with this Nation’s historical tradition of firearm regulation” to survive Second Amendment challenges. Scholarship has shown how this test of historical analogy presents difficulties because of how technological, legal,…
Continue ReadingAge Restrictions and the Right to Keep and Bear Arms, 1791–1868
By MEGAN WALSH AND SAUL CORNELL. Full Text. The disproportional misuse of firearms by eighteen-to-twenty-year-olds has long been a problem in America. The concerns are not novel. Nor are legislative responses to this problem a recent development in American law. These limitations are deeply rooted in American legal history. While minimum age gun laws routinely…
Continue ReadingFirearms and the Homeowner: Defending the Castle, the Curtilage, and Beyond
By CYNTHIA LEE. Full Text. In the spring of 2023, a series of back-to-back shootings shook the nation. A Black teenager in Missouri trying to pick up his two younger siblings went to the wrong door and rang the doorbell. The homeowner came to the door with a gun and, without saying a word, fired…
Continue ReadingFirearms Carceralism
By JACOB D. CHARLES. Full Text. Gun violence is a pressing national concern. And it has been for decades. Throughout nearly all that time, the primary tool lawmakers have deployed to stanch the violence has been the machinery of the criminal law. Increased policing, intrusive surveillance, vigorous prosecution, and punitive penalties are showered on gun…
Continue ReadingAiming for Answers: Balancing Rights, Safety, and Justice in a Post-Bruen America
By CHAD NOWLAN. Full Text. A foreword to the symposium issue of Minnesota Law Review volume 108.
Continue ReadingBounded Entities and (Some of) Their Discontents
By Saurabh Vishnubhakat. Full Text. In his new article An Organizational Theory of International Technology Transfer, Professor Peter Lee offers two richly detailed accounts at once. One is a novel theoretical framework of “bounded entities” that generalizes both from the classic theory of the firm and, of more recent vintage, from the knowledge-based theory of…
Continue ReadingAmerican Fiction: Overturning the Doctrine of Immigration Entry Fiction as Established in Shaughnessy v. Mezei
By Dahlia Wilson. Full Text. In 1886, the Supreme Court decided a case called Yick Wo v. Hopkins, which held that any person physically within the United States’ territory would enjoy the protections of the Fourteenth Amendment, regardless of their immigration or citizenship status. In a racist and nationalistic reaction, this decision gave rise to…
Continue ReadingTwins at Bat(son), Strikes Are Out: Minnesota’s Opportunity to Restore Batson v. Kentucky by Eliminating Peremptory Strikes
By Samuel Buisman. Full Text. While the Supreme Court’s decision in Batson v. Kentucky is widely hailed by scholars and jurists alike as a triumph of American egalitarianism, time and trial have unmasked its protections as a paper tiger. Despite its purported protections against racially and sexually discriminatory peremptory juror strikes, the Court’s abysmal standard…
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