Darrell A. H. Miller

Duke University School of Law

Professor of Law

210 Science Drive

Box 90362

Durham, NC 27708

United States

SCHOLARLY PAPERS

13

DOWNLOADS
Rank 33,868

SSRN RANKINGS

Top 33,868

in Total Papers Downloads

1,303

CITATIONS

2

Scholarly Papers (13)

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 244 (124,471)

Abstract:

Loading...

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 225 (134,913)

Abstract:

Loading...

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 195 (154,499)

Abstract:

Loading...

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.

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 100 (263,515)

Abstract:

Loading...

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

5.

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 89 (284,070)

Abstract:

Loading...

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

6.

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 81 (301,097)

Abstract:

Loading...

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

7.

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 71 (324,803)

Abstract:

Loading...

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

8.

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 63 (346,088)

Abstract:

Loading...

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

9.

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 61 (351,739)

Abstract:

Loading...

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

10.

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 56 (366,744)

Abstract:

Loading...

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

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 52 (379,439)

Abstract:

Loading...

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

12.

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 41 (418,097)

Abstract:

Loading...

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

13.

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 (490,394)

Abstract:

Loading...

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