SCHOLARLY ARTICLES & BOOK CHAPTERS
| Title | Date | Subject |
|---|---|---|
| “‘Arms in the Hands of Jews Are a Danger to Public Safety’: Nazism, Firearm Registration, and the Night of the Broken Glass,” 21 St. Thomas Law Review 109-41 (2009). Reprinted in 21 Journal on Firearms & Public Policy 22 (Fall 2009). | 2009 | Nazi Gun Control Policies |
| “Banning America’s Rifle: An Assault on the Second Amendment?,” 22 Federalist Society Review (June 28, 2021). | 2021 | Firearms Law and Precedent |
| “Bill of Rights Redivivus: Amendment II,” 17 The Champion (Natl. Assn. Criminal Def. Lawyers) 14-20 (Jan./Feb. 1993). | 1993 | The Second Amendment: Historical Issues |
| “Citizens in Arms: The Swiss Experience,” Texas Review of Law & Politics Vol. 8, Issue 1 (Fall 2003), 142-74. Oral presentation in A Question of Balance, International Symposium on Legal, Economic, and Human Rights Implications of Civilian Firearms Ownership and Regulation, Tower of London, May 1-2, 2003. | 2003 | Switzerland |
| “Congress Interprets the Second Amendment: Declarations by a Co-Equal Branch on the Individual Right to Keep and Bear Arms,” 62 Tennessee Law Review 597-641 (Spring 1995). | 1995 | The Second Amendment: Historical Issues |
| “The Constitutional Right to Hunt: New Recognition of an Old Liberty in Virginia,” 19 William & Mary Bill of Rights Journal, Issue 1, 197-233 (2010). | 2010 | Firearms Law and Precedent |
| “The Court Did Not Err,” in Issues on Trial: Gun Control (Greenhaven Press 2007), 203. | 2007 | The Second Amendment: Historical Issues |
| “‘A Crime to Possess a Firearm’: Does the Second Amendment Apply in New York?” 14 Government, Law & Policy Journal 51-56 (Summer 2012). | 2012 | The Second Amendment: Historical Issues |
| “Defense of Self and Community: A Response to Professor Johnson,” 45 Connecticut Law Review 1653 (July 2013). | 2013 | Firearms Law and Precedent |
| “The Eidgenössisches Schützenfest: a Traditional Shooting Festival,” Swiss American Historical Society Review (Nov. 2020). | 2020 | Switzerland |
| “The Empire Strikes Back: The District of Columbia’s Post-Heller Firearm Registration System,” 81 Tennessee Law Review 571 (2014). | 2014 | Firearms Law and Precedent |
| “Encroachments of the Crown on the Liberty of the Subject: Pre-Revolutionary Origins of the Second Amendment,” 15 University of Dayton Law Review, 91-124 (Fall 1989). | 1989 | The Second Amendment: Historical Issues |
| “European History of 1799 as Seen from the USA,” Suworow in der Schweiz: Colloque Souvorov du bicentenaire 1799 - 1999 (Zurich: Thesis, 2001), 162-79. | 2001 | Switzerland |
| “Faux Histoire of the Right to Bear Arms: Young v. Hawaii (9th Cir. 2021),” Independent Institute (July 13, 2021). | 2021 | The Second Amendment: Historical Issues |
| “Firearm Sound Moderators: Issues of Criminalization & the 2nd Amendment,” 46:1 Cumberland Law Review 33 (2016). | 2016 | The Second Amendment: Historical Issues |
| “Firearms, the Fourth Amendment, and Air Carrier Security,” 53 Journal of Air Law and Commerce 585-680 (1987), reprinted in Serial No. 91, House Judiciary Committee, 100th Cong., 1st Sess., 174-270 (1987). | 1987 | Firearms Law and Precedent |
| “The Freedmen’s Bureau Act and the Conundrum over Whether the Fourteenth Amendment Incorporates the Second Amendment,” 29 Northern Kentucky Law Review, No. 4, 683-703 (2002). | 2011 | The Second Amendment: Historical Issues |
| “From Heller to Chicagoland: Will Reconstruction Come to the Windy City?” 3 Northeastern University Law Journal, No. 1, 105 (2011). | 2011 | Firearms Law and Precedent |
| “Guns, Criminality and Federalism: Supreme Court Curbs Congressional Power; Reins in Courts of Appeals,” 20 The Champion 12-15, 34 (June 1996). | 1996 | Firearms Law and Precedent |
| “Heller, the Second Amendment, and Reconstruction: Protecting All Freedmen or Only Militiamen?” 50 Santa Clara Law Review 1073 (2010). | 2010 | Firearms Law and Precedent |
| “The Jurisprudence of the Second and Fourteenth Amendments,” 4 George Mason University Law Review 1-69 (Spring 1981). | 1981 | Firearms Law and Precedent |
| “Military Enforcement of the Drug Laws,” in K. and E. Zeese, 6 Drug Law 44-64 (Clark Boardman Callahan, 1993). | 1993 | Posse Comitatus Act |
| “Military Enforcement of Drug Laws Under the Posse Comitatus Act,” 1 Drug Law Report 121-129 (Sept./Oct. 1984). | 1984 | Posse Comitatus Act |
| “Miller versus Texas: Police Violence, Race Relations, Capital Punishment, and Gun-Toting,” 9 Journal of Law and Policy (Brooklyn Law School), No. 3, 737-66 (2001) (with Cynthia Leonardatos & David Kopel). | 2001 | Firearms Law and Precedent |
| “Nazi Firearms Law and the Disarming of the German Jews,” 17 Arizona Journal of International and Comparative Law, No. 3, 483-532 (2000). Condensed version: Ch. 9 of Aaron Zelman & Richard W. Stevens, Death by “Gun Control”: The Human Cost of Victim Disarmament (Hartford, WI: Mazel Freedom Press, 2002), 75-111. | 2000 | Nazi Gun Control Policies |
| “Nazism, the Second Amendment, and the NRA: A Reply to Professor Harcourt,” 11 Texas Review of Law & Politics 113 (2006). | 2006 | Nazi Gun Control Policies |
| “No Right to ‘Bear Arms’? A Critical Analysis of United States v. Masciandaro,” 1 Wake Forest Law Review Online 116 (2011). | 2011 | Firearms Law and Precedent |
| “NRA and Law Enforcement Opposition to the Brady Act: From Congress to the Courts” (with R. Gardiner), 10 St. John’s Journal of Legal Commentary 13-41 (Fall 1994). | 1994 | Firearms Law and Precedent |
| “NRA v. BATFE: A Misinterpretation of History,” Jurist, Nov. 9. 2012. | 2012 | Firearms Law and Precedent |
| “N.Y.’s Not So ‘SAFE’ Act,” 78 Albany L. Rev. 789 (2015) | 2015 | Firearms Law and Precedent |
| “‘Only Law Enforcement Will Be Allowed to Have Guns’: Hurricane Katrina and the New Orleans Firearm Confiscations,” 18 George Mason University Civil Rights Law Journal 339 (Spring 2008). | 2008 | Firearms Law and Precedent |
| “Operation Sunrise: America’s OSS, Swiss Intelligence, and the German Surrender 1945,” in “Operation Sunrise.” Atti del convegno internazianale (Locarno, 2 maggio 2005), a cura di Marino Viganò – Dominic M Pedrazzini (2006), 103-30. | 2006 | Switzerland |
| “The Original Understanding of the Second Amendment,” in The Bill of Rights: Original Meaning and Current Understanding, ed. E. Hickok (Charlottesville: University Press of Virginia, 1991), 117-129. Cited as authority in S tate v. Hirsch , 177 Ore. App. 441, 446, 34 P.3d 1209, 1211 (2001). | 1991 | The Second Amendment: Historical Issues |
| “Personal Security, Personal Liberty, and ‘The Constitutional Right to Bear Arms’: Visions of the Framers of the Fourteenth Amendment,” 5 Seton Hall Constitutional Law Journal 341-434 (Spring 1995). Abridgement printed in 7 Journal on Firearms and Public Policy 135-214 (Fall 1995). Cited as authority in Peruta v. County of San Diego, 2014 WL 555862, *13 (9th Cir. 2014); Ezell v. City of Chicago, – F.3d – 561 F.3d 684, 702 n.11) (7th Cir. 2011). | 1995 | The Second Amendment: Historical Issues |
| “Rationing Firearms Purchases and the Right to Keep Arms: Reflections on the Bills of Rights of Virginia, West Virginia, and the United States,” 96 West Virginia Law Review, No. 1, 1-83 (Fall 1993). Cited as authority in In re Dailey, 195 W. Va. 330, 342, 465 S.E.2d 601, 613 (1995). | 1995 | The Second Amendment: Historical Issues |
| “Reality Check: The ‘Assault Weapon’ Fantasy & Second Amendment Jurisprudence,” 14 Georgetown Journal of Law & Public Policy 47 (2016). | 2016 | Firearms Law and Precedent |
| “Redefining a ‘Crime’ as a Sentencing Factor to Circumvent the Right to Jury Trial: Harris v. United States,” Cato Supreme Court Review, 2001-2002 (Washington, D.C.: Cato Institute, 2002), 187-225. | 2002 | Right to Trial by Jury |
| “Restoring the Tenth Amendment: Printz v. United States,” in Commentaries on Law & Public Policy, Robert W. McGee ed., South Orange, N.J.: Dumont Institute for Public Policy Research, 1998. | 1998 | 10th Amendment |
| “A Revolution in Second Amendment Law,” Delaware Lawyer 12-16 (Winter 2011/2012) (with Dan Peterson). Cited as authority in Doe v. Wilmington Housing Authority , 88 A.3d 654, 663 n.32-34 (Del. 2014). | 2012 | Firearms Law and Precedent |
| “The Right of ‘The People’ to ‘Bear Arms’: The Common Law, the Second Amendment, and the Carrying of Firearms Outside the Home” (2019). | 2019 | The Second Amendment: Historical Issues |
| “The Right of the People or the Power of the State: Bearing Arms, Arming Militias, and the Second Amendment,” 26 Valparaiso University Law Review 131-207 (Fall 1991). Abridgement printed in 6 Journal on Firearms and Public Policy 69-163 (Fall 1994). Cited as authority in United States v. Emerson, 270 F.3d 203, 220 n.12 (5th Cir. 2001). | 1991 | The Second Amendment: Historical Issues |
| “The Right of the People to Keep and Bear Arms: the Second Amendment in the U.S. Bill of Rights” [“Право народа на хранение и ношение оружия: вторая поправка билля о правах сша”], 2 Ukrainian Law Journal “Law of the USA” (2013), 240-50. | 2013 | The Second Amendment: Historical Issues |
| “The Right to Bear Arms: For Me, But Not for Thee?” 43 Harvard Journal of Law and Public Policy 1, 331-46 (Spring 2020). | 2020 | Firearms Law and Precedent |
| “Право народа на хранение и ношение оружия: вторая поправка билля о правах сша” [“The Right of the People to Keep and Bear Arms: the Second Amendment in the U.S. Bill of Rights”], 2 Ukrainian Law Journal “Law of the USA” (2013), 240-50. | 2013 | The Second Amendment: Historical Issues |
| “The Right of Workers to Assemble and to Bear Arms: Presser v. Illinois, One of the Last Holdouts Against Application of the Bill of Rights to the States,” 76 University of Detroit Mercy Law Review 943-89 (Summer 1999). | 1999 | Firearms Law and Precedent |
| “The Right to Bear Arms in Texas,” 41 Baylor Law Review 629-88 (1989). | 1989 | Firearms Law and Precedent |
| “The Right to Bear Arms in the First State Bills of Rights: Pennsylvania, North Carolina, Vermont, and Massachusetts,” 10 Vermont Law Review 255-320 (1985). | 1985 | The Second Amendment: Historical Issues |
| “The Right to Bear Arms in the Virginia Constitution and the Second Amendment: Historical Development and Precedent in Virginia and the Fourth Circuit,” 8 Liberty University Law Review 619-47 (Summer 2014). | 2014 | The Second Amendment: Historical Issues |
| “The Right to Keep and Bear Arms Under the Second and Fourteenth Amendments,” 5 Journal on Firearms and Public Policy 7-28 (Fall 1993). | 1993 | The Second Amendment: Historical Issues |
| “‘Sau Nazi!’ What the Swiss Really Thought of Hitler,” Swiss American Historical Society Review Vol. 37, No. 1, 3-21 (February 2001). | 2001 | Switzerland |
| “The Second Amendment as a Phenomenon of Classical Political Philosophy,” in Firearms and Violence: Issues of Regulation, ed. Don B. Kates (Cambridge, Mass.: Ballinger Pub. Co., 1984); reprinted in The Militia in 20th Century America, ed. M. Norval (Falls Church, Va. 1985), 41-65. | 1984 | The Second Amendment: Historical Issues |
| “The Second Amendment in the Supreme Court: Where It’s Been and Where It’s Going,” 29 Hamline Law Review, No. 3, 449-49 (Summer 2006). | 2006 | Firearms Law and Precedent |
| “Second Amendment Symposium - Panelist,” 10 Seton Hall Constitutional Law Journal No. 3 815-20 (Summer 2000). | 2000 | The Second Amendment: Historical Issues |
| “The Second Amendment Was Adopted to Protect Liberty, Not Slavery: A Reply to Professors Bogus and Anderson,” 20 Georgetown Journal of Law & Public Policy 575 (2022). | 2022 | The Second Amendment: Historical Issues |
| “Second-Class Citizenship and the Second Amendment in the District of Columbia,” 5 George Mason University Civil Rights Law Journal, Nos. 1 & 2, 105-178 (1995). Cited as authority in Kasler v. Lockyer, 23 Cal.4th 472, 506, 2 P.3d 581 (2000) (Brown, J., concurring). | 1995 | Firearms Law and Precedent |
| “The Spirit of Resistance: The Swiss ‘Wochenshau’ and ‘Armeefilmdienst,’” in Switzerland Under Siege, 1939-1945: A Neutral Nation’s Struggle for Survival, Leo Schelbert ed., (Rockport, ME: Picton Press, 2000). | 2000 | Switzerland |
| “St. George Tucker: The American Blackstone,” 32 Virginia Bar News 45-50 (Feb. 1984). | 1984 | Historical Issues |
| “St. George Tucker’s Second Amendment: Deconstructing ‘The True Palladium of Liberty,’” 3 Tennessee Journal of Law and Policy, No. 2, 120-55 (Spring 2007). | 2007 | The Second Amendment: Historical Issues |
| “Suing the Firearms Industry: A Case for Federal Reform?” 7 Chapman Law Review 11-38 (Spring 2004). | 2004 | Firearms Law and Precedent |
| “The Swiss and the Nazis,” 43 Swiss American Historical Review, No. 1, 4-30 (Feb. 2007). | 2007 | Switzerland |
| “The Swiss Confederation in the Eyes of America’s Founders,” 48 Swiss American Historical Review No. 3, 32-69 (Nov. 2012). | 2012 | Switzerland |
| “The Swiss Influence on the American Constitution,” in Halbrook, Die Schweiz im Visier (Zurich: Max Geilinger-Stiftung 2000), 30-39. | 2000 | Switzerland |
| “A Swiss Schuetzenfest: The World’s Largest Rifle Match,” Shooting Sports USA (Oct. 9, 2019). | 2019 | Switzerland |
| “Taking Heller Seriously: Where Has the Roberts Court Been, and Where Is it Headed, on the Second Amendment?” 13 Charleston Law Review 175 (2018). | 2018 | Firearms Law and Precedent |
| “Tench Coxe and the Right to Keep and Bear Arms, 1787-1823” (with David B. Kopel), 7 William & Mary Bill of Rights Journal Issue 2 347-99 (Feb. 1999). | 1999 | The Second Amendment: Historical Issues |
| “Text-and-History or Means-End Scrutiny? A Response to Professor Nelson Lund’s Critique of Bruen,” 24 Federalist Society Review, (Mar. 15, 2023). | 2023 | Firearms Law and Precedent |
| “Textualism, the Gun Control Act, and ATF’s Redefinition of ‘Firearm’,” Harvard Journal of Law & Public Policy: Per Curiam No. 32, (Summer 2024). | 2024 | Firearms Law and Precedent |
| “To Bear Arms for Self-Defense: A ‘Right of the People’ or a Privilege of the Few? Part 1”, 21 Federalist Society Review (Mar. 23, 2020). | 2020 | The Second Amendment: Historical Issues |
| “To Bear Arms for Self-Defense: A ‘Right of the People’ or a Privilege of the Few? Part 2”, 21 Federalist Society Review (Mar. 31, 2020). | 2020 | The Second Amendment: Historical Issues |
| “To Keep and Bear Their Private Arms: The Adoption of the Second Amendment, 1787-1791,” 31 Northern Kentucky Law Review 13-40 (1982), reprinted in CONG. REC., 99th Cong., 1st Sess., S9105-9111 (July 9, 1985). | 1985 | The Second Amendment: Historical Issues |
| “Tort Liability for the Manufacture, Sale, and Ownership of Handguns?” 6 Hamline University Law Review 351-382 (1983). | 1983 | Firearms Law and Precedent |
| “Victims and Arms in Classical Legal Philosophy,” in To Be a Victim: Encounters with Crime and Injustice, eds. Diane Sank and David I. Caplan (New York: Plenum Publishers 1991), 359-370. | 1991 | The Second Amendment: Historical Issues |
| “Virginia’s Second Amendment Sanctuaries: Do They Have Legal Effect?,”33 Regent University Law Review, No. 2, 277 (2020-2021). | 2020 | Firearms Law and Precedent |
| “What the Framers Intended: A Linguistic Analysis of the Right to ‘Bear Arms,’” 49 Law and Contemporary Problems 401-412 (1986). Cited as authority in United States v. Emerson, 270 F.3d 203, 220 n.12, 227 (5th Cir. 2001); State v. Hirsch, 338 Or. 622, 658, 114 P.3d 1104, 1124 (2005); United States v. Li, 2008 WL 4610318, *3 (E.D. Wis. 2008); State v. Jorgensonn, 312 P.3d 960, 966 (Wash. 2103) (en banc). | 1986 | The Second Amendment: Historical Issues |
| “‘Why Can’t We Be Like France?’ How the Right to Bear Arms Got Left Out of the Declaration of Rights and How Gun Registration Was Decreed Just in Time for the Nazi Occupation,” XXXIX Fordham Urban Law Journal, No. 5, 1637-94 (Oct. 2012). | 2012 | Nazi Gun Control Policies |