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Old May 18, 2012, 02:44 PM   #1
Bartholomew Roberts
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First-ever Law School Textbook on Second Amendment Published

Source: http://volokh.com/2012/05/15/new-tex...ts-and-policy/

The authors are Nick Johnson of Fordham, Michael O' Shea of Oklahoma City, George Mocsary of Connecticut, and David Kopel. Given the authors, I expect to see some excellent scholarship on the Second Amendment in this textbook.

Somewhat off-topic, I also learned that Dave Kopel was a lifelong registered Democrat who voted for Nader in 2000. Yet, he has been a staunch supporter of the Second Amendment for a long time and has done a lot of scholarship and writing on the subject since the 1990s. Just goes to show that the Second Amendment cuts across traditional political stereotypes.
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Old May 18, 2012, 03:32 PM   #2
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Well, if you support gun rights, that's being liberal. If you support more people being able to vote, that's being liberal. If you are trying to restrict voting rights, that being conservative. If you are trying to restrict people's access to firearms, that's being conservative, too.

I for one have no idea what it means to be Republican or Democratic because they don't bother to say exactly what "Republican values" are or "Democratic values" are. They used to talk about things like tariffs but when did you last hear that mentioned?
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Old May 18, 2012, 05:48 PM   #3
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Kopel is a great guy. He took Gary Mauser (a progun scholar) and moi shooting in Boulder with his Springfield TRP.

Here's an earlier text - Gun Control and Gun Rights: A Reader and Guide by Andrew J. McClurg, David B. Kopel and Brannon Denning

It has rational pro and con reviews of firearms issues.

Also, a good read is:

Gunfight: The Battle over the Right to Bear Arms in America by Adam Winkler

Inside scoop on the Heller fight - some progun folks don't come out so good if you know the inner workings of the fight.

Winkler's book is clear that being a 'conservative' doesn't mean you are progun but we don't want to start this endless debate by folks who use the term as tribal identifiers without delving into the issues - which we don't want to do here.

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Old May 18, 2012, 08:44 PM   #4
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That's a hefty chunk of book at 1068 pages!

Agreed that Gunfight is well worth reading. Where Winkler and I disagree, he's really thought his arguments through.
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Old May 18, 2012, 08:57 PM   #5
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That's a hefty chunk of book at 1068 pages!
It seems you haven't priced text books recently. Typically, they aren't published by charitable organizations.
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Old May 18, 2012, 10:00 PM   #6
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The authors are Nick Johnson of Fordham, Michael O' Shea of Oklahoma City, George Mocsary of Connecticut, and David Kopel.
I agree, these are excellent authors. It is very comforting to know that the first Second Amendment law textbook is being written by men of such caliber (pun intended), rather than by Justice Stevens, Breyer, and Ruth Bader Ginsburg!
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Old May 18, 2012, 10:12 PM   #7
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I just wish I could afford the $160 or so bucks to buy it (you have checked amazon, yes? - Out of stock, already)!
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Old May 18, 2012, 10:21 PM   #8
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It seems you haven't priced text books recently. Typically, they aren't published by charitable organizations
It's not the cost that made me blink; it was the sheer size of the darned thing. It better have lots of purty pictures to go with all them words!

I am hoping for a Kindle version, though. The ability to do quick searches (especially in such a large block of text) beats a printed index.

(My college major required buying lots of books, some of which were only used for a single lecture. That was roughly twenty years ago, and if costs have kept up with inflation...holy cow.)
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Old May 18, 2012, 10:39 PM   #9
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(My college major required buying lots of books, some of which were only used for a single lecture. That was roughly twenty years ago, and if costs have kept up with inflation...holy cow.)
I know where you're coming from - I got my undergrad degree about twenty years ago as well, and in any given semester, it wasn't unusual for my books to cost more than my tuition/fees.
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Old May 18, 2012, 11:07 PM   #10
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If any lawschools actually use this book, there will soon be used copies, crazily striped with hi-liter and dogeared, available for pennies on the dollar.
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Old May 19, 2012, 03:57 PM   #11
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I may go talk to one of my law professors about teaching a class on the 2A. Even though he is a former Brady center attorney his classes on the 2A during con law was really well balanced and sparked a healthy debate.

For me it would be a fun class to take in the next two years.

Last edited by vranasaurus; May 19, 2012 at 07:31 PM.
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Old May 19, 2012, 07:26 PM   #12
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I shall ask the school library to buy one.

You might ask your local public library to do the same.

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Old May 20, 2012, 12:01 AM   #13
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We've come a long way. When I took Con Law in 1973, the Second Amendment wasn't covered at all.
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Old May 20, 2012, 09:24 AM   #14
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We've come a long way. When I took Con Law in 1973, the Second Amendment wasn't covered at all.
As recently as 2002, American Government classes in my area's high school were glossing over it in the same vein as the 3rd. It was considered an anachronism that only applied to arming state militias, apparently.
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Old May 20, 2012, 12:15 PM   #15
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Geez; don't people know the constitution can't be changed and we have to keep everything the way it was in the 18th century, when everything was perfect and all problems had been solved.
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Old May 20, 2012, 04:57 PM   #16
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Geez; don't people know the constitution can't be changed and we have to keep everything the way it was in the 18th century, when everything was perfect and all problems had been solved.
Im not sure what your driving at but what I can say is I do believe the average joe had a lot less legal overhead back then... My goodness we are locking up people for not having siding on the house.... is that truly a felony crime or have we all lost our minds... Lemon-aid stands virtually outlawed.... I dont think were more free than the past by any means.

Few debated your right to have any kind of arms you wanted in the 18th century.. No disrepect to anyone but you want to see what happens to populations that are disarmed look at the UK... Totally out of control....
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Old May 20, 2012, 05:34 PM   #17
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Back on topic, please - let's not wander.
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Old May 20, 2012, 07:29 PM   #18
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When I took ConLaw around ~2000, I don't recall even discussing the 2nd.
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Old May 21, 2012, 06:47 AM   #19
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I've been to Britain and I couldn't tell the difference between there and back home, except I don't know anyone who eats beans for breakfast.

Anything about the 2nd amendment would be constitutional law. How much time is spent on constitutional law in law school? I have a nephew who just finished law school. Next time I see him, which will be probably in August, I just might ask him, if I remember (which I probably won't).

There is much discussion here about what the 2nd amendment means. I don't recall reading much about who it applies to. My wife's ancestor, George Mason, who actually thought of it, clearly didn't mean for it to apply to everyone. He had no problem with slavery, so all of those rights we cherish simply didn't apply to them. I'm no scholar and not even a good speller but I don't know what other limitations he may have had in mind with the bill of rights. I even suspect he may not have intended it to apply to women!
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Old May 21, 2012, 08:50 AM   #20
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There is much discussion here about what the 2nd amendment means. I don't recall reading much about who it applies to. My wife's ancestor, George Mason, who actually thought of it, clearly didn't mean for it to apply to everyone. He had no problem with slavery, so all of those rights we cherish simply didn't apply to them. I'm no scholar and not even a good speller but I don't know what other limitations he may have had in mind with the bill of rights. I even suspect he may not have intended it to apply to women!
Both of which were changed by Constitutional Amendment, as opposed to the more modern style of simply declaring that the Constitution says 4+4=9 and getting 5 votes to agree with you.

I don't think anyone has a problem with changing the Constitution so much as they do with the way the Constitution has been continually changed without any resort to the actual method provided for changing it.
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Old May 21, 2012, 09:57 AM   #21
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I am somewhat curious about how or whether it will be used. Many of the ideological indictments of universities generally also apply to law schools.

I also wonder how well law students will digest it. In some ways, law students aren't especially well or roundly educated, and are not any less likely to receive a text to which they are opposed politically in a political fashion.
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Old May 21, 2012, 11:31 AM   #22
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Mr Roberts, both of what were changed by constitutional amendments?

And Mr Gutzman, are any of the things you mentioned federal issues or are they things that state or local laws have covered? I will agree, however, that we are quick to lock people up. But you should all be reminded that we have had presidential elections in which law and order were issues and that was generally from the right side of the aisle. That is the result. On the other hand, many things have also been criminalized at the federal level, particularly with drugs.

There is also the issue of operating prisons as a profit-making enterprise, which of course is entirely outside of the scope of this forum.
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Old May 21, 2012, 12:16 PM   #23
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Mr Roberts, both of what were changed by constitutional amendments?
The status of women and blacks as citizens - which is what I presumed you were alluding to by your comments regarding George Mason.
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