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Regulating Firearms (2021): This seminar will grapple with the issue of firearm regulation in the face of the aggrandized Second Amendment articulated by the Supreme Court in Heller in 2008 and Bruen in 2022. An important function of law is to establish the rules through which the government regulates and constrains the actions of individuals. Given the high level of firearm violence in the United States compared to other affluent nations, most Americans tell pollsters they would like to see greater levels of controls over firearms. Many other Americans -- including a majority of the Supreme Court and many state legislatures -- place a higher value on eliminating constraints on the ability to purchase and use firearms. As with all forms of regulation, the decision to regulate firearms involves complex questions concerning 1) the cost and benefits of government action; 2) the empirical resolution of these issues; 3) the determination about what institution is best equipped to reach or evaluate these empirical judgments; and 4) the competing visions about the rights of the individual versus the public welfare. We will explore all of these issues in light of the currently evolving complexity of constitutional constraints imposed by the right to keep and bear arms, which will involve a focus on the complex interactions of law, regulation, social science, history, and constitutional law on an issue of considerable present political and substantive salience. Elements used in grading: Attendance, class participation, written assignments, & final paper.
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2023-2024 WinterSchedule No Longer Available