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
Date Written: September 23, 2018
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
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