August 16, 2009
Are there any must-reads (beyond Heller) for my Second Amendment Seminar?
Regular readers of my home blog know I am interested in the intersection of the Second Amendment and the criminal justice system in the wake of Heller. My interest is finding expression this coming fall semester — which starts tomorrow(!) at The Ohio State University Moritz College of Law — through the teaching of a Second Amendment Seminar.
Though I am going to have students help shape the direction and content of the seminar, I want to make sure I cover modern Second Amendment essentials. But, as I assembled a reading list, I started thinking that the only essential read in the modern corpus is just the Supreme Court's decision in Heller.
Of course, there are lots of cases and lots and lots and lots of commentary — both pre-Heller and post-Heller — discussing the Second Amendment. I plan to cover key post-Heller issues like incorporation and standards-of-review in the seminar, and I will have students read cases and commentaries on these and other topics. But I am not sure if anything qualifies as a true must-read for discussing and debating the modern Second Amendment other than Heller itself.
Perhaps readers have a different view, and I would be grateful for any input on the topic in the comments.
Cross-posted at SL&P (by DAB)
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One tactic might be to cover the diversity of gun statutes in the states, some of which are very old and which vary quite a bit. For example, Texas' ancient gun statute is relatively restrictive, which comes as a surprise to many.
Posted by: Mark Osler | Aug 16, 2009 9:04:50 PM
Miller is still a must read, mainly to insure that it is understood correctly for what it did and did not say. It is almost always misquoted by those favoring gun control and usually misquoted even by law professors and judges.
Perhaps some of the briefs (including Amici) in the NRA Chicago gun case which is likely going to SCOTUS soon.
Posted by: Herb Martin | Aug 17, 2009 1:14:34 AM