July, 2008

Wrapping It Up: Incorporation and Judicial Activism

by Robert A. Levy
The Conversation
July 30th, 2008

With this final posting, I’d like to revisit two issues that I raised in my initial essay: incorporation and judicial activism. Both issues have implications for future litigation — consistent with the caption for this blog, “After Heller: The New American Debate.”
I use as my takeoff point two comments by Erwin Chemerinsky, who [...]

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Principle, Surplusage, and Danger

by Robert A. Levy
The Conversation
July 30th, 2008

Dennis Henigan begins his latest post by claiming that I endorse this non-sequitur: “Since there are liberal law professors who agree with Justice Scalia’s view of the Second Amendment, Scalia’s opinion in Heller must be as principled as the views of the liberal law professors.” Not quite, Dennis. Yes, there are many [...]

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The Heller Majority: Wrong and Unprincipled

by Dennis A. Henigan
The Conversation
July 29th, 2008

On the issue of whether Heller represents conservative legal activism, I’d like to go back to an intriguing argument made by Bob Levy several days ago. Levy argues that the law professors who favor gun control, but reject the “militia purpose” view of the Second Amendment, effectively insulate Justice Scalia’s majority opinion from the [...]

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They Pull Me Back In

by Robert A. Levy
The Conversation
July 28th, 2008

“Just when I thought I was out, they pull me back in.”  With due apologies to Al Pacino, that’s my reaction when Dennis Henigan and Erwin Chemerinsky persist in rehashing the question whether Second Amendment rights can be exercised only in the context of militia service — a question that has been laid to rest, [...]

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