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January 14, 2010, 10:24 AM | #1 |
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Dave Hardy Dismantles the Stevens Dissent in Heller
Cardozo Law Review has published an outstanding article by Dave Hardy titled "Ducking the Bullet: District of Columbia v. Heller and the Stevens Dissent."
http://www.cardozolawreview.com/cont...DY_2010_61.pdf In this article, hardy proceeds to completely dismantle the Stevens dissent in Heller, brick by brick (or more like stick by stick, since there is no stone in the Stevens dissent) until there is absolutely nothing left but rubble. He does it completely dispassionately, without bias, and extreme politeness; but he utterly destroys the dissent in Heller. For anybody who is debating that decision, it is a tremendous resource to problems in the reasoning and sources used in the dissent. It is also an interesting insight into how much the outcome was predetermined whether there was good law to support it or not. |
January 14, 2010, 01:07 PM | #2 |
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Link won't open for me.
Is it working for other people? |
January 14, 2010, 01:20 PM | #3 | |
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Here is the first paragraph, there are links for it all over the internet, one of them should work.
Quote:
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Good intentions will always be pleaded for any assumption of power. The Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern will, but they mean to govern. They promise to be good masters, but they mean to be masters. --Daniel Webster-- |
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January 14, 2010, 08:02 PM | #4 |
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Works for me, Chipperman. Might be on your end.
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If it were up to me, the word "got" would be deleted from the English language. Posting and YOU: http://www.albinoblacksheep.com/flash/posting |
January 14, 2010, 11:08 PM | #5 |
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I'm going to have to read the Stevens Dissent:
http://www.law.cornell.edu/supct/html/07-290.ZD.html before I read DUCKING THE BULLET: http://www.cardozolawreview.com/cont...DY_2010_61.pdf Edit: If you haven't read it, here is the Opinion of the Court, plus both dissenting opinions http://www.supremecourtus.gov/opinions/07pdf/07-290.pdf Last edited by LaserSpot; January 14, 2010 at 11:15 PM. |
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