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

46

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14

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16

Scholarly Papers (46)

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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 926 (31,350)
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 741 (42,574)
Citation 3

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international law, secession, market for control, sovereign debt

3.

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 614 (54,675)

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

4.

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 535 (64,871)

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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

5.

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 318 (119,121)

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

6.

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 317 (119,537)
Citation 1

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

7.

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 295 (129,022)
Citation 1

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

8.

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 292 (130,474)

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

9.

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 264 (144,828)
Citation 1

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

10.

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 244 (156,438)
Citation 2

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refugees, international law, sovereignty, burden-sharing

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 Duke University School of Law
Downloads 236 (161,627)

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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 235 (162,283)

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

13.

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 231 (164,912)
Citation 2

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First Amendment, Commercial Speech, Government Speech, School Law

14.

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 221 (172,097)
Citation 1

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Constitutional law, rights, autonomy

15.

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 208 (182,181)

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

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 204 (185,430)

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market for sovereign control, secession, international law

17.

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 180 (207,500)

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

18.

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 179 (208,533)

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19.

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 179 (208,533)
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Odious Debts, Sovereign Debt, Human Rights

20.

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: 52 Posted: 07 Sep 2021 Last Revised: 21 Sep 2021
Joseph Blocher and Mitu Gulati
Duke University School of Law and University of Virginia School of Law
Downloads 155 (235,678)

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

21.

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 147 (246,191)

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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

22.

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 139 (257,479)

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Establishment Clause, First Amendment, endorsement test, Schrodinger

23.

Markets and Sovereignty

Downloads 134 (264,892)

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 79 (380,958)

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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 55 (462,303)

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commodification, inalienability, sovereignty, the market for sovereign control

24.

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 132 (267,903)
Citation 2

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

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, Duke University School of Law and Duke University School of Law
Downloads 121 (285,816)

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26.

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 118 (290,989)

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

27.

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 117 (292,691)
Citation 2

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Constitutional law, constitutional interpretation, state constitutional law

28.

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 114 (298,060)

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Second Amendent, gun control, rights talk, rhetoric

29.

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 110 (305,635)

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

30.

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 107 (311,606)

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First Amendment, government speech

31.

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 104 (317,641)

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

32.

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 95 (336,933)

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Constitutional law, state attorney general, popular constitutionalism

33.

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 89 (351,020)
Citation 2

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

34.

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 83 (366,279)

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35.

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 80 (374,370)
Citation 1

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First Amendment, government speech, property

36.

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 71 (400,437)

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First Amendment, Press, Speech

37.

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 66 (416,305)

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

38.

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 59 (440,317)

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

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 57 (447,722)

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Puerto Rico, Citizenship, Statehood

40.

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 55 (455,082)

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International Law, Secession, Expulsion, Colonization, Reparations

41.

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 54 (458,709)

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

42.

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 44 (500,156)

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

43.

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 36 (538,203)
Citation 1

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

44.

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 27 (588,914)

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Bootstrapping, Commerce Clause, health care challenge

45.

Constitutional Gun Litigation Beyond the Second Amendment

NYU Annual Survey of American Law, Vol. 77, No. 2, 2022
Number of pages: 21
Joseph Blocher and Noah Levine
Duke University School of Law and Duke University School of Law
Downloads 7

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

46.

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

Duke Law Journal Online
Number of pages: 7
Eric Ruben and Joseph Blocher
SMU Dedman School of Law and Duke University School of Law
Downloads 2

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Second Amendment, constitutional law, firearms