Fordham Urban Law Journal

A bimonthly legal book published by the law school at Fordham University. Each issue focuses on a single topic, and publishes original research, critical pieces, and long-form essays related to that topic.

Articles from Vol. 39, No. 5, October

Gun Control after Heller and McDonald:. What Cannot Be Done and What Ought to Be Done
Introduction I. What Cannot Be Done: Constitutionally Impermissible Gun Control II. What May Still Be Permissible III. Do Gun Levels Affect Violence? IV. Forms of Gun Control A. Lawsuits Against Gun Manufacturers, Distributors, ...
Heller, McDonald, and Murder: Testing the More Guns = More Murder Thesis
Introduction I. Falsehood: The Ordinary-Person-As-Murderer II. Correlations Between High Gun Ownership and Murder III. Do Societies with No Firearms Have Low Murder Rates? A. Primitive Societies B. The Dark Ages and Afterward IV. Do Societies...
III. What's the Supreme Court to Do with the Embarrassing Standard Model? - Assessing Three Historical Options
In a June 1838 edition of the monthly periodical Common School Assistant there appeared a question-and-answer article entitled The Judiciary. (669) The questions asked and answered covered a number of constitutional issues such as state privileges...
II. the Embarrassing Standard Model Saga Continues
II. THE EMBARRASSING STANDARD MODEL SAGA CONTINUES For those who study historiography, the Second Amendment proves to be a fascinating subject. (336) As seen throughout Part I, from the 1970s to the present day, the right to arms has undergone an...
Introductory Remarks to the Fordham Urban Law Journal's Volume XXXIX Symposium: Gun Control and the Second Amendment: Developments and Controversies in the Wake of District of Columbia V. Heller and McDonald V. Chicago: Fordham Law School-March 9, 2012
Introduction I. The Text of the Second Amendment II. Supreme Court Decisions Analyzing the Second Amendment III. The Supreme Court's Decision in District of Columbia v. Heller IV. The Supreme Court's Decision in McDonald v. City...
I. the Standard Model Second Amendment Exposed
I. THE STANDARD MODEL SECOND AMENDMENT EXPOSED For over thirty-five years now, aspects of the Standard Model have appeared consistently in law reviews. From the Model's early beginnings in the 1970s, its architects have pawned assumptions and opinions...
Legalism and Devolution of Power in the Public Sphere: Reflections on Occupy Wall Street
Introduction I. Process at Occupy Wall Street A. The Spokes Council II. Legalism and the Public Sphere III. Explanations for Legalism at Occupy Wall Street A. Heterogeneity of Occupy Wall Street B. Shared Culture of Occupy Wall Street ...
Quality Collusion: News, If It Ain't Broke, Why Fix It?
Introduction I. Background of Antitrust Law and the Media A. Antitrust Law and the Legal Treatment of Collusion B. The Economic Effects of Collusion C. Quality and the Local Television Broadcast Stations II. The Divergence Between Antitrust...
Rights versus Duties, History Department Lawyering, and the Incoherence of Justice Stevens's Heller Dissent
Introduction I. Explaining Away the Individual Right to Arms Version 1.0: The States' Rights Second Amendment II. Explaining Away the Individual Right to Arms Version 2.0: Justice Stevens's "Individual Militia Right" III. Redeeming Version...
Second Amendment Standards of Review in a Heller World
Introduction I. The Supreme Court's Heller Decision II. The D.C. Circuit's Heller II Decision A. The Majority Opinion B. The Kavanaugh Dissent III. Applying Heller A. The Rights and Wrongs of the Majority Approach in Heller...
The Great Gun Control War of the Twentieth Century - and Its Lessons for Gun Laws Today
Introduction I. From the Roaring Twenties to the Calm Fifties A. The 1920s B. The New Deal and World War II C. The 1950s II. Things Fall Apart A. 1966 B. 1967 C. 1968 III. The 1970s A. The Rise of...
The (New) New Judicial Federalism: State Constitutions and the Protection of the Individual Right to Bear Arms
Introduction I. A Fine Mess: The Post-Heller/McDonald World A. What Is the Scope of the Second Amendment Post-Heller? B. Uncertainty Regarding the Scope of the Second Amendment Is Disappointing Whether One Is Pro-Gun Rights...
The Right to Carry Firearms outside of the Home: Separating Historical Myths from Historical Realities
Introduction I. History and the Future of Gun Regulation: Heller's Legacy II. The Scope of the Right to Bear Arms in the Founding Era III. Gun Regulation in the Founding Era and Early Republic: Myths and Realities IV. The Pistol and the Lash:...
The Second Amendment in Historiographical Crisis: Why the Supreme Court Must Reevaluate the Embarrassing "Standard Model" Moving Forward
Introduction I. The Standard Model Second Amendment Exposed A. The Historical Dilemma Presented by the Standard Model B. Excavating the Standard Model's Poor Foundation 1. History Lesson 101: Interpreting Text Without...
Toward a Future, Wiser Court: A Blueprint for Overturning District of Columbia V. Heller
Introduction I. The Power of Dissenting Opinions II. Heller A. Majority Opinion B. Justice Stevens's Dissenting Opinion III. Landmark Cases from Future, Wiser Courts A. From Racism to Equality: Plessy and Brown 1. Plessy...
Why Can't We Be like France? How the Right to Bear Arms Got Left out of the Declaration of Rights and How Gun Registration Was Decreed Just in Time for the Nazi Occupation
IV. 1935: PRIME MINISTER PIERRE LAVAL DECREES FIREARM REGISTRATION Having no historical recognition of a fundamental right to keep and bear arms, it would not be difficult for the French government to require that firearms be registered, which would...

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.