Tuesday, April 22, 2014

Maturation of 2nd Amendment Jurisprudence

David Kopel writes on the Volokh Conspiracy about his latest paper, The First Amendment Guide to the Second Amendment. The thrust of it is to look at the thought, structure and discipline developed for the First Amendment over the last 75 years, and use it as a guiding light for the Second Amendment.

On a related note, this comes as a great follow-on to an entirely different paper by Jackson Carter published in the Mississippi Law Journal and reprinted in its entirety over at TTAG. In it, Carter uses a similar approach of looking at other amendments to divine the limits of the Second Amendment outside the home.

Kopel's paper is different in its breadth, and in the outline at Volokh, he identifies some crisp interpretive principles that should be taken from 1A jurisprudence. His paper will appear in the Tennessee Law Review.

It's going to take me a while to make it through the actual content, so I'll update this post later with my take on it and maybe a "tl;dr" summary beyond what Kopel's already posted on Volokh.

UPDATE 4/23: You can see my first reactions to Kopel's paper here.

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