Darrell A. H. Miller

Duke University School of Law

Professor of Law

210 Science Drive

Box 90362

Durham, NC 27708

United States

SCHOLARLY PAPERS

14

DOWNLOADS
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1,447

SSRN CITATIONS

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CROSSREF CITATIONS

2

Scholarly Papers (14)

1.

Guns as Smut: Defending the Home-Bound Second Amendment

Columbia Law Review, Vol. 109, p. 1278, 2009, U of Cincinnati Public Law Research Paper No. 08-20
Number of pages: 80 Posted: 19 Mar 2009 Last Revised: 27 Dec 2014
Darrell A. H. Miller
Duke University School of Law
Downloads 246 (136,469)

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Heller, Second Amendment, obscenity, pornography, First Amendment, Fourth Amendment, home, constitution, jurisprudence, textualism, originialism, standards of review, guns, firearms

2.

White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co.

Fordham Law Review, Vol. 77, p. 999, 2008, U of Cincinnati Public Law Research Paper No. 08-29
Number of pages: 53 Posted: 19 Sep 2008 Last Revised: 27 Dec 2014
Darrell A. H. Miller
Duke University School of Law
Downloads 227 (147,608)

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economics, antitrust, discrimination, racial, Jones, Mayer, Civil Rights Act of 1866, law and economics, Blackmun, Stewart, section 1982, section 1981, section 1983, civil rights

3.

Guns, Inc.: Citizens United, McDonald, and the Future of Corporate Constitutional Rights

New York University Law Review, Vol. 86, p. 887, 2011
Number of pages: 71 Posted: 07 Jul 2010 Last Revised: 27 Dec 2014
Darrell A. H. Miller
Duke University School of Law
Downloads 199 (167,048)

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Heller, McDonald, Second Amendment, Citizens United, First Amendment, Corporations, Corporate Theory, Self-Defense, Person, Personhood, Self Defense, Elections, Federal Election Commission, FEC, Shareholders, Shares, Directors, Officers, Militia, Speech

4.

The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Introduction)

The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press 2018), Duke Law School Public Law & Legal Theory Series No. 2019-5
Number of pages: 16 Posted: 28 Nov 2018
Joseph Blocher and Darrell A. H. Miller
Duke University School of Law and Duke University School of Law
Downloads 114 (263,967)

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Second Amendment, right to keep and bear arms, constitutional law, constitutional interpretation, originalism, District of Columbia v. Heller, gun policy, gun violence, gun control

5.

Text, History, and Tradition: What the Seventh Amendment Can Teach Us About the Second

Yale Law Journal, Vol. 122, No. 4, 2013
Number of pages: 87 Posted: 20 Apr 2012 Last Revised: 27 Dec 2014
Darrell A. H. Miller
Duke University School of Law
Downloads 106 (277,817)

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gun, firearm, militia, Second Amendment, first amendment, Fourth Amendment, guns, firearms, Heller, Mcdonald, jurisprudence, doctrine, free speech, arms, history, Seventh Amendment, jury, trial, Constitution, Bill of Rights, originalism, common law, custom

6.

Retail Rebellion and the Second Amendment

Indiana Law Journal, Vol. 86, No. 939
Number of pages: 40 Posted: 23 Apr 2010 Last Revised: 27 Dec 2014
Darrell A. H. Miller
Duke University School of Law
Downloads 91 (307,120)

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Second Amendment, Fourth Amendment, Heller, McDonald, Arrest, Self-Defense, Arms

7.

Iqbal and Empathy

University of Missouri-Kansas City Law Review, Vol. 78, 2010, U of Cincinnati Public Law Research Paper No. 10-25
Number of pages: 16 Posted: 22 May 2010 Last Revised: 27 Dec 2014
Darrell A. H. Miller
Duke University School of Law
Downloads 82 (327,670)

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empathy, Iqbal, twombly, pleading, Sotomayor, jurisprudence, bias, cognitive, heuristics, behaviorism, economics

8.

Owning Heller

University of Florida Journal of Law & Public Policy Forum, Vol. 1, 2019, Duke Law School Public Law & Legal Theory Series 2020-6
Number of pages: 17 Posted: 23 Jan 2020
Darrell A. H. Miller
Duke University School of Law
Downloads 66 (372,886)

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originalism, Heller, second amendment, constitution, constitutional law, firearms, precedent, stare decisis, arms, appeals

9.

State DOMAs, Neutral Principles, and the Mobius of State Action

Temple Law Review, Vol. 81, No. 4, p. 967, Winter 2008, U of Cincinnati Public Law Research Paper No. 09-39
Number of pages: 29 Posted: 19 Sep 2008 Last Revised: 27 Dec 2014
Darrell A. H. Miller
Duke University School of Law
Downloads 64 (375,887)

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defense of marriage, same-sex, gay, lesbian, homosexual, gender, constitutional, state action, contract, equal protection, Romer, Lawrence, Shelley, Kraemer, federalism, neutral principles

10.

Institutions and the Second Amendment

66 Duke Law Journal 69 (2016), Duke Law School Public Law & Legal Theory Series No. 2017-7
Number of pages: 51 Posted: 23 Nov 2016 Last Revised: 13 Jan 2017
Darrell A. H. Miller
Duke University School of Law
Downloads 63 (378,982)

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Second Amendment, First Amendment, Institutions, Institutionalism, Speech, Religion, Guns, Arms, Textualism, Originalism, Common Law, Popular Constitution, Militia, Constitution, Jurisprudence, Methodology, Theory

11.

What is Gun Control? Direct Burdens, Incidental Burdens, and the Boundaries of the Second Amendment

83 University of Chicago Law Review 295 , Duke Law School Public Law & Legal Theory Series No. 2016-27
Number of pages: 61 Posted: 30 Apr 2016
Joseph Blocher and Darrell A. H. Miller
Duke University School of Law and Duke University School of Law
Downloads 61 (385,086)

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Second Amendment, firearms, First Amendment, marketplace, constitutional law, constitution, gun control, guns, Heller, McDonald, free speech, self defense

12.

The Thirteenth Amendment and the Regulation of Custom

Columbia Law Review, Vol. 112, No. 7, 2012
Number of pages: 44 Posted: 21 Dec 2012
Darrell A. H. Miller
Duke University School of Law
Downloads 60 (388,226)

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Blackstone, tradition, text, history, South, southern, custom, common law, Thirteenth Amendment, Fourteenth Amendment, Reconstruction, slavery, Fifteenth Amendment, slaves, Union, Jones, Mayer, norms, Scott, Harlan, Taney, England, hate crime, cartels, First Amendment

13.

Lethality, Public Carry, and Adequate Alternatives

53 Harvard Journal on Legislation 279, Duke Law School Public Law & Legal Theory Series No. 2016-26
Number of pages: 24 Posted: 30 Apr 2016
Joseph Blocher and Darrell A. H. Miller
Duke University School of Law and Duke University School of Law
Downloads 43 (449,220)

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guns, Second Amendment, First Amendment, smartguns, firearms, constitution, constitutional law, Bill of Rights, adequate alternatives, nonlethal, weapons

14.

Analogies and Institutions in the First and Second Amendments: A Response to Professor Magarian

91 Texas Law Review See Also 137 (2013)
Number of pages: 15 Posted: 28 Jan 2014
Darrell A. H. Miller
Duke University School of Law
Downloads 25 (536,526)

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First Amendment, speech, guns, firearms, Second Amendment, institutions, militia, expression, Heller, McDonald, Citizens United, balancing, categories, gun, weapon, self-defense