Connecticut Law Review Volume 45 - Issue 5

Firearms Policy and the Black Community: An Assessment of the Modern Orthodoxy

The heroes of the modern civil rights movement were more than just stoic victims of racist violence. Their history was one of defiance and fighting long before news cameras showed them attacked by dogs and fire hoses. When Fannie Lou Hamer revealed she kept a shotgun in every corner of her bedroom, she was channeling […]

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In the Civic Republic: Crime, the Inner City, and the Democracy of Arms— Being a Disquisition on the Revival of the Militia at Large

This Article examines the modern utility of the Second Amendment’s guarantee of “the right to keep and bear arms” in light of the phenomenon of modern crime, particularly black-on-black violence in urban America. Although many advocates of gun control have argued that crime in modern cities is a reason for modifying or severely truncating the […]

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Let Us Talk Past Each Other for a While: A Brief Response to Professor Johnson

This Article is a brief response to Professor Johnson’s excellent lead article, Firearms Policy and the Black Community: An Assessment of the Modern Orthodoxy. Professor Johnson has (I would say unfairly) counted me among the “orthodoxy” that believes that any and all gun control measures are good for communities of color. He accuses me (and […]

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Self-Defense and Gun Regulation for All

The importance and universality of self-defense rights are beyond dispute. Self-defense emerged as a major social and constitutional issue in the second half of the twentieth century focused on minorities and women before it provided the primary basis for expansive Second Amendment rights. Supporters of broad Second Amendment rights base them on an individual and […]

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Murder, Self-Defense, and the Right to Arms

Despite being well aware of crime and uprisings, the framers of the Bill of Rights made a policy decision to guarantee a constitutional right to keep and bear arms, a constitutional right that “shall not be infringed.” Courts should not ignore the policy decision of the framers, and courts should not supplant the framers’ policy […]

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Evolving Christian Attitudes Towards Personal and National Self-Defense

This Article analyzes the changes in orthodox Christian attitudes towards defensive violence. While the Article begins in the 19th century and ends in the 21st, most of the Article is about the 20th century. The Article focuses on American Catholicism and on the Vatican, although there is some discussion of American Protestantism. In the nineteenth […]

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Firearms Policy and the Black Community: Rejecting the “Wouldn’t You Want a Gun if Attacked?” Argument

The gun lobby has succeeded in focusing the gun debate on a narrow, oversimplified question: “If a criminal attacked you, wouldn’t you prefer to have a gun to protect yourself?” This Article asserts that the question—which correlates with a “more guns” argument—is a red herring, a diversion that leads us off track and blinds us […]

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Uncoupling the Constitutional Right to Self-Defense from the Second Amendment: Insights from the Law of War

This Article contextualizes Professor Nicholas Johnson’s argument that a robust right to arms is essential to the security of Black communities in the United States. While accepting Johnson’s premise that private self-defense is necessary where government is hostile towards or unable to defend a community against violence, this Article maintains that the Second Amendment as […]

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DOMESTIC VIOLENCE IN INDIAN COUNTRY: IMPROVING THE FEDERAL GOVERNMENT’S RESPONSE TO THIS GRAVE EPIDEMI

The pervasiveness of domestic violence against Native American women in Indian country is alarming. Pursuant to the doctrine of trust responsibility, the federal government has recently responded to the epidemic of domestic violence in Indian country by passing three pieces of legislation—18 U.S.C. § 117, the Tribal Law and Order Act of 2010, and the […]

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UNNECESSARY ROUGHNESS: RECONCILING HART AND KELLER WITH A FAIR USE STANDARD BEFITTING THE RIGHT OF PUBLICITY

Two lawsuits have created a stir in the sports law community threatening to derail the NCAA’s monopoly on licensing the images of both present and former student-athletes. In both Keller v. Electronic Arts, Inc. and Hart v. Electronic Arts, Inc., former collegiate quarterbacks attack the NCAA, the CLC, and Electronic Arts for the unauthorized use […]

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