Joseph Blocher

Duke University School of Law

Professor

210 Science Drive

Box 90362

Durham, NC 27708

United States

  • Duke University School of Law

SCHOLARLY PAPERS

50

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13

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17

Scholarly Papers (50)

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1.

Puerto Rico and the Right of Accession

Yale Journal of International Law, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2017-47
Number of pages: 46 Posted: 19 Jun 2017 Last Revised: 21 Nov 2017
Joseph Blocher and Mitu Gulati
Duke University School of Law and University of Virginia School of Law
Downloads 958 (34,198)
Citation 1

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Puerto Rico, International Law, Constitutional Law, Insular Cases, Sovereign Debt, Self Determination

2.

A Market for Sovereign Control

66 Duke Law Journal 797 (2017)
Number of pages: 47 Posted: 02 Feb 2015 Last Revised: 22 Aug 2019
Joseph Blocher and Mitu Gulati
Duke University School of Law and University of Virginia School of Law
Downloads 777 (45,584)
Citation 3

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international law, secession, market for control, sovereign debt

3.

When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller

Northwestern University Law Review, Vol. 116, 2021, Yale Law School, Public Law Research Paper Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2021-05
Number of pages: 64 Posted: 20 Jan 2021 Last Revised: 01 Sep 2021
Joseph Blocher and Reva Siegel
Duke University School of Law and Yale University - Law School
Downloads 650 (57,661)

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Second Amendment, gun regulation, public safety, common law, equality, democracy, voting, domestic violence, brandishing, intimidation, school shootings, fear, polarization, Heller, policing, armed protest, violence, militia, race, open carry, public carry, Capitol riot, Michigan legislature

4.

Selling State Borders

162 U. Pa. L. Rev. 241 (2014)
Number of pages: 65 Posted: 30 Jan 2013 Last Revised: 22 Dec 2015
Joseph Blocher
Duke University School of Law
Downloads 621 (61,144)

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Borders, Interstate Compacts, Federalism, Alienability, Commodification, Sovereignty

5.

Navassa: Property, Sovereignty, and the Law of the Territories

Yale Law Journal, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2021-43, Virginia Law and Economics Research Paper No. 2021-20, Duke Law School Public Law & Legal Theory Series No. 2021-39
Number of pages: 55 Posted: 07 Sep 2021 Last Revised: 14 Dec 2021
Joseph Blocher and Mitu Gulati
Duke University School of Law and University of Virginia School of Law
Downloads 376 (111,842)

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Navassa, Haiti, Insular Cases, Property, Sovereignty, Reparations

6.

From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms after Heller

Duke Law Journal, Vol. 67, No. 7, 2018, Duke Law School Public Law & Legal Theory Series 2018-35
Number of pages: 77 Posted: 24 Apr 2018 Last Revised: 11 Jun 2018
Eric Ruben and Joseph Blocher
SMU Dedman School of Law and Duke University School of Law
Downloads 375 (112,157)

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Second Amendment, keep and bear arms, Heller, gun control, constitutional interpretation, content analysis, empirical methods, legal method

7.

Institutions in the Marketplace of Ideas

Duke Law Journal, Vol. 57, No. 4, February 2008
Number of pages: 69 Posted: 27 Aug 2007 Last Revised: 21 Dec 2014
Joseph Blocher
Duke University School of Law
Downloads 326 (130,779)
Citation 1

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First Amendment, New Institutional Economics, Free Speech, Marketplace of Ideas

8.

Transferable Sovereignty

Duke Law School Public Law & Legal Theory Series No. 2019-4
Number of pages: 45 Posted: 08 Jan 2019 Last Revised: 10 Jul 2019
Joseph Blocher and Mitu Gulati
Duke University School of Law and University of Virginia School of Law
Downloads 304 (140,725)
Citation 1

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sovereignty, property, colonialism, independence, human rights, self determination, markets, law and economics, refugees, immigration

9.

Building on Custom: Land Tenure Policy and Economic Development in Ghana

Yale Human Rights and Development Law Journal, Vol. 9, p. 177, 2006
Number of pages: 37 Posted: 11 May 2007
Joseph Blocher
Duke University School of Law
Downloads 301 (142,171)
Citation 1

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Law and Development, Ghana, Law and Economics, Property, Customary Law

10.

The Right Not to Keep or Bear Arms

Stanford Law Review, Vol. 64, pg.1, 2012
Number of pages: 54 Posted: 21 Oct 2011 Last Revised: 21 Dec 2014
Joseph Blocher
Duke University School of Law
Downloads 298 (143,612)

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Second Amendment, First Amendment, Heller v. District of Columbia

11.

Firearms, Extreme Risk, and Legal Design: 'Red Flag' Laws and Due Process

Duke Law School Public Law & Legal Theory Series No. 2020-10, Virginia Law Review, Vol. 106, pg. 1285, 2020
Number of pages: 60 Posted: 09 Mar 2020 Last Revised: 12 Jan 2021
Joseph Blocher and Jacob D. Charles
Duke University School of Law and Pepperdine University - Rick J. Caruso School of Law
Downloads 291 (147,243)

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Due Process, Red Flag, Extreme Risk, Second Amendment

12.

Can Greece Be Expelled from the Eurozone? Toward a Default Rule on Expulsion from International Organizations

Filling the Gaps in Governance: The Case of Europe 127-150 (European University Institute 2016)
Number of pages: 24 Posted: 17 May 2016 Last Revised: 05 Aug 2016
Joseph Blocher, Mitu Gulati and Laurence R. Helfer
Duke University School of Law, University of Virginia School of Law and Duke University School of Law
Downloads 291 (147,243)

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expulsion, treaty, international organizations, withdrawal, international law, eurozone

13.

Competing for Refugees: A Market-Based Solution to a Humanitarian Crisis

Columbia Human Rights Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2015-48
Number of pages: 60 Posted: 17 Oct 2015 Last Revised: 08 Sep 2017
Joseph Blocher and Mitu Gulati
Duke University School of Law and University of Virginia School of Law
Downloads 277 (154,770)
Citation 3

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refugees, international law, sovereignty, burden-sharing

14.

Why Regulate Guns?

48(4) J.L. Med. & Ethics (Forthcoming 2020), Duke Law School Public Law & Legal Theory Series No. 2020-38
Number of pages: 6 Posted: 08 Jun 2020 Last Revised: 21 Jan 2021
Joseph Blocher and Reva Siegel
Duke University School of Law and Yale University - Law School
Downloads 248 (172,786)

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15.

School Naming Rights and the First Amendment's Perfect Storm

Georgetown Law Journal, Vol. 96, 2007
Number of pages: 59 Posted: 14 Mar 2007
Joseph Blocher
Duke University School of Law
Downloads 241 (177,671)
Citation 2

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First Amendment, Commercial Speech, Government Speech, School Law

16.

Ukraine and Russia: 'You Break It, You Bought It'

Financial History, p. 28, Fall 2014
Number of pages: 5 Posted: 22 Oct 2014
Joseph Blocher and Mitu Gulati
Duke University School of Law and University of Virginia School of Law
Downloads 234 (182,703)

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market for sovereign control, secession, international law

17.

Rights To and Not To

100 Cal. L. Rev. 761 (2012)
Number of pages: 56 Posted: 12 Sep 2011 Last Revised: 22 Dec 2015
Joseph Blocher
Duke University School of Law
Downloads 227 (188,016)
Citation 1

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Constitutional law, rights, autonomy

18.

King Leopold's Bonds and the Odious Debts Mystery

Duke Law School Public Law & Legal Theory Series No. 2019-59, Virginia Journal of International Law, 2020
Number of pages: 47 Posted: 21 Aug 2019 Last Revised: 05 Dec 2019
Joseph Blocher, Mitu Gulati and Kim Oosterlinck
Duke University School of Law, University of Virginia School of Law and Université Libre de Bruxelles - SBS-EM, CEB
Downloads 218 (195,499)
Citation 2

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Odious Debts, Sovereign Debt, Human Rights

19.

Race and Guns, Courts and Democracy

Harvard Law Review Forum, Forthcoming, Yale Law School, Public Law Research Paper Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2022-16
Number of pages: 14 Posted: 09 Feb 2022 Last Revised: 22 Jun 2022
Joseph Blocher and Reva Siegel
Duke University School of Law and Yale University - Law School
Downloads 216 (197,112)

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Second Amendment, Equal Protection, race, racial justice, courts, policing, prosecution, public safety, public health, community violence, nondiscrimination, Heller, Bruen, public defender, discriminatory purpose, noncarceral, guns and race, prosecutorial discretion

20.

The Death Penalty and the Fifth Amendment

Northwestern University Law Review, Vol. 111, 2016, Duke Law School Public Law & Legal Theory Series No. 2015-52
Number of pages: 17 Posted: 29 Oct 2015 Last Revised: 02 Sep 2016
Joseph Blocher
Duke University School of Law
Downloads 216 (197,112)

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death penalty, capital punishment, Fifth Amendment, Eighth Amendment, cruel and unusual, originalism, textualism

21.

Cities, Preemption, and the Statutory Second Amendment

University of Chicago Law Review, Vol. 88, Forthcoming , Duke Law School Public Law & Legal Theory Series No. 2021-44
Number of pages: 24 Posted: 06 Nov 2021 Last Revised: 10 Jan 2022
Joseph Blocher
Duke University School of Law
Downloads 193 (218,473)

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Second Amendment, preemption, gun rights, gun regulation, Heller, Chicago

22.

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 186 (225,570)

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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

23.

Combatant Status Review Tribunals: Flawed Answers to the Wrong Question

Yale Law Journal, Vol. 116, p. 667, 2006
Number of pages: 8 Posted: 20 Mar 2007
Joseph Blocher
Duke University School of Law
Downloads 186 (225,570)

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Guantanamo, Combatant Status Review Tribunal, Prisoner of War, Geneva Convention

24.

Markets and Sovereignty

Downloads 185 (226,631)

Markets and Sovereignty

Osgoode Legal Studies Research Paper No. 19/2017, Duke Law School Public Law & Legal Theory Series No. 2017-16
Number of pages: 22 Posted: 25 Jan 2017 Last Revised: 08 Feb 2017
Mitu Gulati and Joseph Blocher
University of Virginia School of Law and Duke University School of Law
Downloads 106 (351,318)

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Sovereignty, markets

Markets and Sovereignty

Osgoode Hall Law Journal, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2016-36
Number of pages: 18 Posted: 13 Jun 2016 Last Revised: 08 Oct 2016
Joseph Blocher and Mitu Gulati
Duke University School of Law and University of Virginia School of Law
Downloads 79 (423,045)

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commodification, inalienability, sovereignty, the market for sovereign control

25.

Pointing Guns

Texas Law Review, Vol. 99, No. 6, 2021, Duke Law School Public Law & Legal Theory Series No. 2020-82
Number of pages: 28 Posted: 07 Dec 2020 Last Revised: 26 May 2021
Joseph Blocher, Samuel W. Buell, Jacob D. Charles and Darrell A. H. Miller
Duke University School of Law, Duke University School of Law, Pepperdine University - Rick J. Caruso School of Law and Duke University School of Law
Downloads 166 (248,511)

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26.

Why Did Belgium Pay Leopold's Bonds?

Duke Law School Public Law & Legal Theory Series No. 2019-73
Number of pages: 22 Posted: 22 Oct 2019 Last Revised: 24 Dec 2019
Kim Oosterlinck, Joseph Blocher and Mitu Gulati
Université Libre de Bruxelles - SBS-EM, CEB, Duke University School of Law and University of Virginia School of Law
Downloads 152 (267,295)

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sin bonds, sovereign debt, odious debt, King Leopold, Congo Free State

27.

Free Speech and Justified True Belief

Duke Law School Public Law & Legal Theory Series No. 2019-6
Number of pages: 59 Posted: 25 Jan 2019
Joseph Blocher
Duke University School of Law
Downloads 146 (276,074)
Citation 2

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First Amendment, free speech, epistemology, knowledge, sociology, marketplace of ideas, professions, Plato

28.

Schrödinger’s Cross: The Quantum Mechanics of the Establishment Clause

Virginia Law Review, Forthcoming
Number of pages: 7 Posted: 23 Aug 2010
Joseph Blocher
Duke University School of Law
Downloads 144 (279,124)

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Establishment Clause, First Amendment, endorsement test, Schrodinger

29.

Historical Gun Laws Targeting 'Dangerous' Groups and Outsiders

Duke Law School Public Law & Legal Theory Series No. 2020-80
Number of pages: 13 Posted: 19 Nov 2020
Joseph Blocher and Catie Carberry
Duke University School of Law and Duke University School of Law, Students
Downloads 139 (286,950)

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30.

Bans

Yale Law Journal, Vol. 129, 2019, Duke Law School Public Law & Legal Theory Series No. 2019-24
Number of pages: 57 Posted: 09 Apr 2019
Joseph Blocher
Duke University School of Law
Downloads 128 (305,533)

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Constitutional Law, Doctrine, Rules, Trumps, First Amendment, Second Amendment, Takings

31.

Gun Rights Talk

Boston University Law Review, Vol. 94, No. 813, 2014
Number of pages: 21 Posted: 22 Dec 2015
Joseph Blocher
Duke University School of Law
Downloads 128 (305,533)

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Second Amendent, gun control, rights talk, rhetoric

32.

Reverse Incorporation of State Constitutional Law

Southern California Law Review, Vol. 84, pg. 323, 2011
Number of pages: 64 Posted: 05 Aug 2010 Last Revised: 21 Dec 2014
Joseph Blocher
Duke University School of Law
Downloads 123 (314,655)
Citation 2

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Constitutional law, constitutional interpretation, state constitutional law

33.

Government Viewpoint and Government Speech

Boston College Law Review, Vol. 52, 2011
Number of pages: 74 Posted: 06 Aug 2010 Last Revised: 21 Dec 2014
Joseph Blocher
Duke University School of Law
Downloads 114 (331,974)

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First Amendment, government speech

34.

Private Business as Public Good: Hotel Development and Kelo

Yale Law & Policy Review, Vol. 24, No. 363, 2006
Number of pages: 36 Posted: 13 Dec 2007
Joseph Blocher
Duke University School of Law
Downloads 111 (338,280)

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public good, hotel, kelo, economic development, eminent domain, externality, subsidy

35.

"Second-Class" Rhetoric, Ideology, and Doctrinal Change

110 Geo. L.J. 613 (2022), SMU Dedman School of Law Legal Studies Research Paper No. 525, Duke Law School Public Law & Legal Theory Series No. 2021-46
Number of pages: 46 Posted: 02 Nov 2021 Last Revised: 02 May 2022
Eric Ruben and Joseph Blocher
SMU Dedman School of Law and Duke University School of Law
Downloads 106 (348,957)

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constitutional law; individual rights; jurisprudence; second amendment; gun rights; doctrine; constitutional change

36.

Constitutional Gun Litigation Beyond the Second Amendment

NYU Annual Survey of American Law, Vol. 77, No. 2, Forthcoming , Duke Law School Public Law & Legal Theory Series No. 2021-45
Number of pages: 21 Posted: 29 Oct 2021
Joseph Blocher and Noah Levine
Duke University School of Law and Duke University School of Law
Downloads 102 (357,967)

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Second Amendment, firearms, due process, takings, free speech, First Amendment, gun policy

37.

Popular Constitutionalism and the State Attorneys General

Harvard Law Review Forum, Vol. 122, p. 108, 2011
Number of pages: 8 Posted: 07 Apr 2011
Joseph Blocher
Duke University School of Law
Downloads 102 (357,967)

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Constitutional law, state attorney general, popular constitutionalism

38.

Nonsense and the Freedom of Speech: What Meaning Means for the First Amendment

62 Duke L.J. 1423 (2014)
Number of pages: 59 Posted: 01 Feb 2013 Last Revised: 19 Jan 2016
Joseph Blocher
Duke University School of Law
Downloads 95 (374,577)
Citation 2

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First Amendment, language, art, representation, analytic philosophy, Wittgenstein

39.

What Does Puerto Rican Citizenship Mean for Puerto Rico's Legal Status?

Duke Law School Public Law & Legal Theory Series 2018-37
Number of pages: 10 Posted: 21 Apr 2018 Last Revised: 11 Jun 2018
Joseph Blocher and Mitu Gulati
Duke University School of Law and University of Virginia School of Law
Downloads 86 (398,356)

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Puerto Rico, Citizenship, Statehood

40.

Government Property and Government Speech

William & Mary Law Review, Vol. 52, 2011
Number of pages: 70 Posted: 06 Aug 2010 Last Revised: 21 Dec 2014
Joseph Blocher
Duke University School of Law
Downloads 86 (398,356)
Citation 1

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First Amendment, government speech, property

41.

Forced Secessions

Duke Law School Public Law & Legal Theory Series No. 2016-48
Number of pages: 44 Posted: 22 Sep 2016
Joseph Blocher and Mitu Gulati
Duke University School of Law and University of Virginia School of Law
Downloads 81 (412,535)

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International Law, Secession, Expulsion, Colonization, Reparations

42.

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 79 (418,546)

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

43.

Public Discourse, Expert Knowledge, and the Press

Washington Law Review, Vol. 87, 2012
Number of pages: 35 Posted: 29 May 2012
Joseph Blocher
Duke University School of Law
Downloads 77 (424,817)

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First Amendment, Press, Speech

44.

Doctrinal Dynamism, Borrowing, and the Relationship Between Rules and Rights

William & Mary Bill of Rights Journal, 2020, Duke Law School Public Law & Legal Theory Series No. 2019-19
Number of pages: 25 Posted: 10 Mar 2019
Joseph Blocher and Luke Morgan
Duke University School of Law and Independent
Downloads 66 (461,123)

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constitutional law, rights, First Amendment, borrowing, dynamism, comparative law, doctrine

45.

Disuniformity of Federal Constitutional Rights

University of Illinois Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-3
Number of pages: 22 Posted: 07 Jan 2019
Joseph Blocher
Duke University School of Law
Downloads 62 (475,812)

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constitutional rights, state constitutional law, federal constitutional law, interpretation, doctrine, federalism

46.

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 52 (515,880)

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

47.

Firearm Localism

Yale Law Journal, Vol. 123, No. 82, 2013
Number of pages: 65 Posted: 22 Dec 2015 Last Revised: 10 Mar 2016
Joseph Blocher
Duke University School of Law
Downloads 43 (557,574)
Citation 1

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Second Amendment, gun control, localism, federalism, constitutional interpretation

48.

What We Fret About When We Fret About Bootstrapping

Law and Contemporary Problems, Vol. 75, p. 145, 2012
Number of pages: 11 Posted: 04 Apr 2012
Joseph Blocher
Duke University School of Law
Downloads 31 (623,745)

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Bootstrapping, Commerce Clause, health care challenge

49.

Living With Guns: Legal and Constitutional Considerations for those Living with Temporarily Prohibited Possessors

American Academy of Matrimonial Lawyers (2022 Forthcoming), Duke Law School Public Law & Legal Theory Series No. 2022-19
Number of pages: 29 Posted: 28 Mar 2022
Joseph Blocher and Maisie Wilson
Duke University School of Law and affiliation not provided to SSRN
Downloads 22 (686,763)

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Second Amendment, red flag law, extreme risk protection order, domestic violence, domestic violence restraining order, constructive possession, Heller

50.

You Can Lead A Horse to Water: Heller and the Future of Second Amendment Scholarship

Duke Law Journal Online 2018
Number of pages: 7 Posted: 22 Oct 2021
Eric Ruben and Joseph Blocher
SMU Dedman School of Law and Duke University School of Law
Downloads 12 (771,305)

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Second Amendment, constitutional law, firearms