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

Duke Law Journal Online 2018

7 Pages Posted: 22 Oct 2021

See all articles by Eric Ruben

Eric Ruben

SMU Dedman School of Law

Joseph Blocher

Duke University School of Law

Date Written: September 23, 2018

Abstract

Ten years ago, there was reason to believe that Second Amendment doctrine would—following elements of District of Columbia v. Heller—become rigid and binary. Likewise, scholarship might have followed the same path; digging into the pre-Heller trenches and pitting "pro-gun" against "pro-regulation" views. In "From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms After Heller," we showed through empirical study that the doctrinal reality is far more nuanced and interesting. In this essay, we describe how Heller not only inaugurated a new era of constitutional doctrine, but it also helped create a burgeoning new field of legal scholarship.

Keywords: Second Amendment, constitutional law, firearms

Suggested Citation

Ruben, Eric and Blocher, Joseph, You Can Lead A Horse to Water: Heller and the Future of Second Amendment Scholarship (September 23, 2018). Duke Law Journal Online 2018, Available at SSRN: https://ssrn.com/abstract=3920598

Eric Ruben (Contact Author)

SMU Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

Joseph Blocher

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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