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Heller's Future in the Lower CourtsGlenn Harlan ReynoldsUniversity of Tennessee College of Law Brannon P. DenningSamford University - Cumberland School of Law July 17, 2008 Northwestern University Law Review, Vol. 102, No. 406, 2008 University of Tennessee Legal Studies Research Paper No. 40 Abstract: The Supreme Court's recent decision in District of Columbia v. Heller not only established an individual right to gun ownership, but also overturned - by a 9-0 margin - lower-court caselaw based on a "collective right" interpretation of the Second Amendment. This article looks at how Heller is likely to fare in the lower courts, based on experience with other recent Supreme Court decisions, and incorporates new scholarship on decision rules and the so-called "new doctrinalism."
Number of Pages in PDF File: 10 Keywords: heller, guns, firearms, constitutional law, second amendment, gun control, decision rules Accepted Paper SeriesDate posted: July 17, 2008 ; Last revised: October 17, 2008Suggested CitationContact Information
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