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May 18, 2012, 02:44 PM | #1 |
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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. |
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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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. Glenn
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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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May 18, 2012, 08:57 PM | #5 | |
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May 18, 2012, 10:00 PM | #6 | |
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Violence is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and valorous feeling which believes that nothing is worth violence is much worse. Those who have nothing for which they are willing to fight; nothing they care about more than their own craven apathy; are miserable creatures who have no chance of being free, unless made and kept so by the valor of those better than themselves. Gary L. Griffiths (Paraphrasing John Stuart Mill) |
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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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May 18, 2012, 10:21 PM | #8 | |
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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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May 18, 2012, 10:39 PM | #9 | |
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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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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. |
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. Glenn
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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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May 20, 2012, 09:24 AM | #14 | |
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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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May 20, 2012, 04:57 PM | #16 | |
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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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May 20, 2012, 05:34 PM | #17 |
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Back on topic, please - let's not wander.
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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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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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May 21, 2012, 08:50 AM | #20 | |
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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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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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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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May 21, 2012, 12:16 PM | #23 | |
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