Constitutional Law

Nordyke v. King dinner

Posted on January 08, 2009
Nordyke v. King is the 9th Cir. case that, after percolating forever, is now ready to be argued. A key issue is whether the 14th Amendment incorporates the 2A and binds the States. Argument is set for January 15, and afterward the CalGuns Foundation is hosting a dinner at the Hotel Whitcomb, about two blocks from the Courthouse...

Carnival of Homeschooling

Posted on January 08, 2009
The Carnival of Homeschooling is celebrating its third anniversary.

FLA CCW holder stops robbery

Posted on January 07, 2009
Story here. Hat tip to reader Carl in Chicago...

Debate between Prof. Volokh & Chas. Blek of Brady Campaign

Posted on January 06, 2009
Podcast here. BTW, it was hosted by the Los Angeles chapter of Federalist Society and the Libertarian Law Society. Their next event involves a presentation by Judge Alex Kozinski and David Lat (of the Above the Law blog) on Jan. 13. RSVP to la.fedsoc@gmail...

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San Francisco backing down

Posted on January 06, 2009
In the wake of Heller, Chuck Michel and others filed an action against San Francisco Housing Authority, over its ban on firearms in public housing. It looks as if San Francisco is surrendering.

Response to kidnapping in Pakistan

Posted on January 06, 2009
Issue the victim a bunch of AK-47s. Sounds like a worthwhile approach under the conditions. Hat tip to reader John H....

New Obama picks for DoJ

Posted on January 05, 2009
For Deputy AG: David W. Ogden -- his background: under the Clinton Admin, was Ass't Atty General for Civil Division, and Chief of Staff to the Attorney General. For Solicitor General: Elena Kagan. Her background: dean of Harvard law, taught at Chicago, clerked for Abner Mikva on DC Circuit and then for Thurgood Marshall on the Supreme Court...

Webpage for recovering stolen guns

Posted on January 04, 2009
Very interesting idea. If a gun is stolen, the victim sends in the data. It is not posted online, and in the database is encrypted with 256-bit encryption. If someone wants to sell you a gun, you can run it. If there is a match, victim and finder are both notified...

Brady grades get an F again

Posted on January 03, 2009
The Brady Campaign ranks North Dakota 44th out of 50 States, with only 4 of 100 possible points. Just in time for the North Dakota Attorney General to announce that in 2008 the State had ZERO gun homicides. And only two homicides at all, both stabbings...

My 14th Amendment paper is online

Posted on January 02, 2009
At SSRN, right here. It deals with the original public understanding of the 14th Amendment, as distinct from its Congressional history. The question under this standard is -- what did the American people think they were being asked to ratify? Key to that in the legislative history of Sen...

LEO in need of training

Posted on January 02, 2009
Glynn County, GA. Video here. Traffic stop, officer notices a legally-carried gun, draws, aims at driver's head (Using a wierd sideways gangsta hold, two handed) and threatens to kill him. Discussion over at GeorgiaPacking.org. The Sheriff did send a letter of apology (well, sort of), listed on the thread.

FIRE on 1st *and* 2nd Amendment infractions

Posted on January 01, 2009
Article here: "In the spring, the South Campus of Tarrant County College (TCC) declared that wearing empty gun holsters, even during an officially sanctioned protest in the school?s tiny free speech zone, was too much for its fragile students to bear in this scary, post?Virginia Tech massacre world...

2d Amendment year in review

Posted on December 31, 2008
Very comprehensive story in the Hawaii Reporter.

Reason on 14th Amendment P or I incorporation

Posted on December 31, 2008
Article here.

Brady Campaign sues to block Park Service rule

Posted on December 30, 2008
Story here. Pdf complaint here. Yep, there might be some serious standing issues. Brady Campaign in itself, as a corporation, is not affected by the rule. It has to argue organizational standing, that it should proceed as a surrogate for its members...

SWAT search and seizure

Posted on December 29, 2008
At Reason Online, Radley Balko posts some interesting data.

Another take on the Balkanization 14th Amendment article

Posted on December 28, 2008
Clayton Cramer has agrees as to P or I incorporation of enumerated rights, but not nonenumerated ones. Having spent a fair amount of time studying the legislative history, there are two complicating factors. (1) When the framers of the 14th referred to the Bill of Rights, they sometimes referred to the first eight, and sometimes to the first ten, amendments...

Balkanization and 14th Amendment incorporation

Posted on December 27, 2008
Over at Balkanization, David Gans and Doug Kendall discuss the issue. Hat tip to reader Joe Olson....

Report on Brady Act and prosecutions

Posted on December 27, 2008
Here, in pdf. Gist of it: during 2006 there were 8,000,000 plus checks 117,000 denials (125,000 denials, offset by 8,000 reversals on appeal) 77,000 of these were referred to Field Offices for investigation (80% not involving felony records) 273 persons charged, and a whopping 73 convictions...

Eric Holder, AG nominee

Posted on December 27, 2008
An interesting look back in history. Hat tip to reader B. Taylor.

Nordyke v. King oral argument

Posted on December 27, 2008
Nordyke v. King, presenting the 14th Amendment incorporation issue, is set for argument Jan. 15 at 1 PM. Here's its Wiki page, with links to the briefs. (An appeal has its own Wiki page? I feel so 20th Century at times like this). The case had already been briefed, with the incorporation issue raised below but not briefed, when DC v...

Glad *I* didn't get elected...

Posted on December 26, 2008
I voted the other way, but from this post on Chronicles of Higher Education, Obama has my profound sympathy" As a professor and an author, I speak with hundreds of female undergraduates and graduate students in their 20s and 30s. I know what they want: They want both careers and families...

Video of Portland driving conditions

Posted on December 25, 2008
Very impressive video. Scroll down to get to the video. A perfect sheet of ice, people who think they can drive on it. The newscrew just got into a good position and watched as the slow speed (and often in reverse) demolition derby unfolded.

The trail that led to Blagojevich...

Posted on December 23, 2008
Began with somebody trying to shake down a grandmother who ran a hospital.

The antigun "gun guys" blog blows its cover

Posted on December 23, 2008
Freedom States Alliance is an antigun organization heavily funded by the Joyce Foundation. And in press release today it states: "First, the Freedom States Alliance, which oversees our daily news blog, GunGuys.com, does not endorse political candidates...

Interesting thoughts on Europeans and firearms

Posted on December 22, 2008
Right here. The writer's point is that, whatever the laws, people own guns. In nations with loose firearm laws, they own them legally. In nations with restrictive firearms laws, they own them illegally.

My article on St. George Tucker is online

Posted on December 22, 2008
"The Lecture Notes of St. George Tucker: A Framing Era View of the Bill of Rights," 103 Northwestern U. L Rev. Colloquy 272 (2008). The pdf version is here and the html version here. At 277 I get into Tucker's notes on the 2d Amendment. At 278-79, I get into the Stevens dissent in Heller for having claimed that Tucker was ambivalent on the 2A...

Blagojevich -- the movie!

Posted on December 22, 2008
Casting call here.

Jerry Patterson for TX Senate seat

Posted on December 20, 2008
I've known him, and eaten and drank with him, and this is pure Jerry Patterson: ""After a great deal of consideration, and much soul-searching, I am today formally announcing my intention to join many of my fellow elected officials and not seek the U...

Reason commentary on new DC gun laws

Posted on December 20, 2008
Story here.

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