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Legal Commentary
: The Volokh ConspiracyBackground reading for Supreme Court?s new 14th/2d Amendment case
By David Kopel
The website for all the Chicago case filings is here. For 19th century history, Stephen Halbrook is by far the most important scholar. His articles include: The Freedmen’s Bureau Act and the Conundrum Over Whether the Fourteenth Amendment Incorporates the Second Amendment, Northern Kentucky Law Review (2002); Personal Security, Personal Liberty, and The Constitutional Right to Bear Arms: Visions of the Framers of the Fourteenth Amendment, Seton Hall Constitutional Journal (1995); The Right of Workers to Assemble and to Bear Arms: Presser v. Illinois, One of the Last Holdouts Against Application of the Bill of Rights to the States, University of Detroit Mercy Law Review (1999); and (co-authored with Cynthia Leonardatos and me), Miller versus Texas: Plice Violence, Race Relations, Capital Punishment, and Gun-Toting in Texas in the Nineteenth Century–and Today, Journal of Law and Policy (2001).
The lead attorney in the Supreme Court case of McDonald v. Chicago is Alan Gura. He did an excellent job in District of Columbia v. Heller, so the new case is in very good hands.
Full post as published by The Volokh Conspiracy on September 30, 2009 (boomark / email).
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Background reading for Supreme Courts new 14th/2d Amendment case
Lash and Hamburger on Privileges or Immunities
Hardy on Popular Understanding of the 14th Amendment
Original Meaning of the 14th Amendment As Expressed In the Print Media of the Time
Finkelman on John Bingham and the Background to the 14th Amendment
Epps on The Antebellum Political Background of the 14th Amendment, and more
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