Connecticut Law Review Volume 46 - Issue 4

An International Law Response to Economic Cyber Espionage

Cyber threats have emerged as one of the most serious dangers to U.S. and global security.  Increasingly, malicious actors—some private, but others that appear to be state-sponsored—seek to advance their strategic aims through violent or non-violent cyber-attacks.  This Article considers the problem of non-violent, yet still destructive, economic cyber espionage, which targets the intellectual, industrial, […]

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Insuring Against Guns?

This Article examines whether mandating liability insurance for firearm owners would meet its avowed goals of efficiently compensating shooting victims and deterring unlawful and accidental shootings without creating a net social loss by chilling socially beneficial gun use.  In the process, the Article also examines whether nonmandatory liability insurance may enable socially desirable, but potentially […]

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Liability Insurance and Gun Violence

Gun violence and mass shootings have dominated headlines during the last several years.  These tragedies, including the Sandy Hook Elementary School shooting, received national and international attention and prompted new demands to address gun violence in the United States.  Among the many proposals advanced by the media, advocacy groups, legislators, and academics is mandating liability […]

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Mental Illness and the Second Amendment

In the past, American laws seldom attempted to regulate the possession of firearms by the mentally ill.  This surprising tradition has waned following a recent series of highly-publicized mass murders that were committed by persons who were identifiably mentally ill before the crime occurred.  These tragedies have focused attention on the question of how a […]

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The Ineludible (Constitutional) Politics of Guns

The murders at Newtown intensified the American political debate about guns—a debate that often fits within the framework of a larger national conversation about violent crime and the political approaches to addressing it.  Yet the gun control debate has resulted in a strange but fascinating intersection of law and politics, particularly law and politics of […]

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The Steepness of the Slippery Slope: Second Amendment Litigation in the Lower Federal Courts and What It Has to Do with Background Recordkeeping Legislation

Proposals for federal gun control have recently focused on expanding background checks and recordkeeping requirements for private firearms transfers.  This Article places the debate about such legislation in a fuller context that includes the actions of the executive and judicial branches, as well as current gun control efforts in the states.  This enables a more […]

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The Right to Arms and Standards of Review: A Tale of Three Circuits

In District of Columbia v. Heller and McDonald v. Chicago, the U.S. Supreme Court recognized an individual right to arms.  The Court offered limited guidance as to standard of review, only ruling out rational basis. This Article takes a pragmatic approach to the standard of review issue.  First, it explores the practical basis for heightened […]

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A Return to the States’ Rights Model: Amending the Constitution’s Most Controversial and Misunderstood Provision

This Article seeks to return to the intent of the Symposium, which was to stimulate a meaningful dialogue on the modern Second Amendment.  More specifically, it proposes a return to the states’ rights model that predated the Supreme Court’s narrow decisions in District of Columbia v. Heller and McDonald v. City of Chicago by using […]

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The Shooting Cycle

The pattern is a painfully familiar one.  A gunman opens fire in a public place, killing many innocent victims.  After this tragedy, support for gun control surges.  With a closing window for reform, politicians and activists quickly push for new gun laws.  But as time elapses, support decreases.  Soon enough, the passions fade, and society […]

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Regulating Firearms Through Litigation

As a result of relatively weak regulation, firearm use leads to massive negative externalities.  Efforts to minimize these social costs via legislation have been unsuccessful, which have led individuals and government entities to seek regulation through another avenue: litigation.  This use of the courts as a regulatory gap-filler raises vital questions, among which perhaps the […]

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