All Articles tagged Second Amendment

Articles
September 01, 2023 EDT
The Contours of Gun Industry Immunity: Separation of Powers, Federalism, and the Second Amendment
Hillel Y. LevinTimothy D. Lytton
In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA), granting the firearms industry sweeping immunity from civil lawsuits. However, PLCAA immunity is not absolute.
Florida Law Review Forum
January 01, 2016 EDT
Gun Exceptionalism
David Hemenway
Gun violence is a major American public health problem. In the most recent decade for which there are good data (2005-2014), on an average day in the United States, over...
Florida Law Review Forum
January 01, 2016 EDT
Permissible Negligence and Campaigns to Suppress Rights
Glenn Harlan Reynolds
Professor Andrew McClurg has written interestingly about what he calls the “Second Amendment right to be negligent,” under which, he says, gun owners, sellers, and manufacturers escape liability for guns...
Florida Law Review Forum
January 01, 2016 EDT
A Second Amendment Roght to Be Negligent?
Stephen G. GillesNelson. Lund
Professor Andrew Jay McClurg maintains that the Second Amendment has created a right to store firearms negligently. It is conceivable that some such thing could happen, just as the Supreme...
Florida Law Review Forum
January 01, 2016 EDT
Is There a “Second Amendment Right to Be Negligent”?
Brannon P. Denning
Professor McClurg’s thesis is that courts and Congress have either ignored, misapplied, or overridden general tort principles of duty and proximate cause to insulate from civil liability those who negligently...
Florida Law Review Forum
January 01, 2016 EDT
The Tortious Second Amendment: A Response to Andrew McClurg’s The Right to be Negligent
Ediberto Roman
In his recent provocative article addressing gun violence and the negligence of gun owners and gun sellers, Professor Andrew McClurg asserts the failure of courts and legislatures to invoke traditional...