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The Dave Kopel Daily. Web newspaper collecting articles from Kopel and those whom he follows on Twitter.
Kopel's new book Firearms Law & the Second Amendment; Regulation, Rights, and Policy has just been published. It is the first law school textbook on the Second Amendment. Buy from Amazon. Publisher webpage for book. Authors' website for book; includes Table of Contents, and Preface.
Latest short articles and commentary
Bloomberg's X-ray. NYC develops gun detectors to conduct secret warrantless searches. America's 1st Freedom. May 2012.
Calderon misfires on U.S. gun control. Mexican president scatters blame far and wide for ‘Fast and Furious’ mistakes. Washington Times. April 12, 2012.
Canada Abolishes Long Gun Registry. Volokh.com. Apr. 5, 2012.
President Obama versus the Constitution. Obama attacks judicial review, says that it would be "unprecedented" for Court to rule against a congressional statute. Volokh.com, Apr. 3, 2012.
Debunking the 'stand your ground' myth. Anti-gun advocates mislead on Trayvon case to erode right to self-defense. Washington Times, Apr. 2, 2012.
Nearing the end of the search for the non-existent limiting principles. If Obamacare is constitutional, the government can make you buy anything. Volokh.com. March 29, 2012.
Obamacare Gives Government Unlimited Power, Violates Constitution. PolicyMic. Mar. 28, 2012.
Florida's Self-Defense Laws. Explains why the "Stand your ground" and "Castle Doctrine" laws are irrelevant to the Martin/Zimmerman case. Volokh Conspiracy. Mar. 27, 2012.
The AR-15 And The Second Amendment: No Respect. It’s the best-selling type of rifle in America today, yet the gun prohibition lobbies want to make it a crime for you to own one. America's 1st Freedom. April 2012.
Who Rules Who? On what the Scottish people are really voting for. The Scottish independence referendum. Holyrood. Mar. 11, 2012.
Holder Must Go. Attorney General Eric Holder's lies and half-truths in the "Fast and Furious" aftermath are nothign new. A look at the past shows a long history of dishonesty and disdain for the truth and the law. America's 1st Freedom. Mar. 2012.
Podcasts, Radio & Video
Firearms Law and the Second Amendment. Law school textbook. Chapter 3. The Colonies and the Revolution. iVoices.org, May 9, 2012.
Colorado Inside Out. May 4, 2012. Same-sex civil unions, Denver camping ban, Lower North Fork Fire, & I-70 plan. Postgame: Sales tax holiday for school supplies.
Firearms Law and the Second Amendment. Chapter 2. Antecedents of the Second Amendment: From Confucius to the British Whigs. iVoices.org, Apr. 16, 2012.
Debate on constitutionality of Obamacare. Kopel vs. Univ. of Colo. Prof. Scott Moss. DU Law School. April 11, 2012.
Colorado Inside Out. April 6, 2012. North Fork Fire, disgraced former Sheriff Pat Sullivan, mail-in ballots, proposed camping ban in Denver. Postgame: Romney and the 2012 primaries.
Firearms Law and the Second Amendment. Chapter 1. First in a podcast series on Kopel's new law school textbook. iVoices.org, Apr. 4, 2012.
К переговорам по проблеме Ирана. Iran talks. Radio Liberty. 8.4.2012. MP3
Debunking "Stand your ground" myths. NRA News. April 3, 2012.
Florida Self-Defense Laws and the Martin/Zimmerman case. Peter Boyles Show. KHOW radio, Denver. April 3, 2012.
Colorado Inside Out. Mar. 23, 2012. Layoffs at Denver Post, Broncos toss away Tebow, Denver Police Department reforms, racists attack Denver Public School reforms, RTD negotiates on its broken promises. Postgame: More on Tebow and Manning.
Independence Institute amicus brief on the Individual Mandate in the health control law. iVoices.org. Mar. 12, 2012. With Rob Natelson. 32 minutes.
Independence Institute amicus brief on the Medicaid Mandate in the health control law. iVoices.org. Mar. 12, 2012. With Rob Natelson. 26 minutes.
Gun and self-defense law reform after Heller. Kopel presentation at Fordham Law School. Kopel begins at 15:30. Mar. 9, 2012.
Courts and Congress
Victory in the Colorado Supreme Court! The Court unanimously rules that the University of Colorado may not segregate itself from persons who under Colorado state law are licensed to carry a handgun for lawful defense "everywhere in the state." Kopel's amicus brief for the County Sheriffs of Colorado in Students for Concealed Carry on Campus v. Regents of the University of of Colorado.
Individual mandate: Independence Institute amicus brief in HHS v. Florida Supreme Court case. Argues that the individual mandate cannot be justified by the Necessary and Proper clause.
Medicaid mandate: Independence Institute amicus brief in Florida v. HHS, before the US Supreme Court. Argues that the Obamacare Medicaid mandate (states must drastically expand Medicaid eligibility, or lose all federal matching funds for Medicaid) violates the Constitution.
Testimony on D.C. Council's proposed revision to the District's gun control laws. Kopel argues against a provision which excessively discriminates against people with visual impairments. The testimony also critiques D.C.'s unusual system of long gun registration. Feb. 13, 2012.
Kopel testified on Nov. 17 before the U.S. Senate subcommittee on Crime and Terrorism regarding S. 463, Senator Schumer's bill to vastly expand the number of people prohibited from owning or temporarily possessing a firearm. 29-page written testimony. Video of subcommittee hearing. Kopel's 5 minute prepared remarks begin at 72:41. At 103:40, there is a Q&A with Senator Grassley, with leads to follow-up questions with Senator Schumer, in which Kopel explains to Schumer what the Schumer bill actually does. Kopel discusses the bill on NRA News. Media coverage: NPR, ABC, Governing, Albany Times Union.
Kopel testified on Sept. 13 before the U.S. House subcommittee on Crime, Terrorism, and Homeland Security, regarding H.R. 822, which would set up a national system of interstate reciprocity for concealed handgun carry permits. Kopel's 24-page written testimony. Video of the subcommittee hearing. Cato Institute podcast with Kopel on the issue.
Amicus brief for the Independence Institute in Kerr v. Hickenlooper (D. Colo.). Rebuts plaintiffs' claim that direct democracy, such as referenda and initiatives, is contrary to the Republican Form of Government clause of the U.S. Constitution. Podcast by II Senior Fellow Rob Natelson on the brief.
The Incidental Unconstitutionality of the Individual Mandate. Legal Workshop. Feb. 6, 2012. With Gary S. Lawson.
Weblog
Kopel's blogging on Volokh.com.
International
Республиканские праймери в штате Флорида. Florida primary. 27.1.2012.
Latest Monographs and Journal articles
Reducing the Drug War's Damage to Government Budgets. 35 Harvard Journal of Law & Public Policy 543 (2012). With Trevor Burrus.
Bad News for John Marshall. 121 Yale Law Journal Online 529 (2012). With Gary Lawson. Why Obamacare advocates are wrong to claim that finding the mandate unconstitutional will wreck modern constitutional law.
The Incidental Unconstitutionality of the Individual Mandate. Legal Workshop. Feb. 6, 2012. With Gary S. Lawson.
The PPACA in Wonderland. 38 American Journal of Law & Medicine (forthcoming 2012)(Boston University). With Gary Lawson.
How the British Gun Control Program Precipitated the American Revolution. Charleston Law Review (forthcoming, 2012).
Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate. 121 Yale Law Journal Online 267 (2011). With Gary Lawson. PDF.
“Health Laws of Every Description”: John Marshall’s Ruling on a Federal Health Care Law. 12 Engage (no. 1, June 2011): 49-54. With Robert G. Natelson.
Commerce in the Commerce Clause: A Response to Jack Balkin. 109 Michigan Law Review First Impressions 55 (2010). With Robert G. Natelson.
How Many Global Deaths from Arms? Reasons to Question the 740,000 Factoid being used to Promote the Arms Trade Treaty. 5 NYU Journal of Law & Liberty (2010). With Paul Gallant & Joanne D. Eisen.
Media quotes and cites
Eliot Spitzer's Constitution. American Spectator. May 1, 2012.
Floridians back “Stand Your Ground” law. Jason Pye. United Liberty. Apr. 24, 2012.
Kopel on CNN: In Zimmerman/Martin case, trial by media is wrong. Stand Your Ground law is clear, and does not apply to the case. March 30, 2012. Part 1. Part 2.
Trayvon Martin case: Why hasn't George Zimmerman been arrested? Christian Science Monitor. By Peter Grier. Mar. 28, 2012.
Independence Institute on Obamacare: It’s not about the Commerce Clause. Research Director Kopel adds two ‘blockbuster briefs’ to wave of material swamping high court for historic case. Colorado Independent. By John Tomasic. Mar. 26, 2012.
Trayvon Martin and the 'stand your ground' law. Chicago Tribune. Mar. 23, 2012. By Steve Chapman.
What’s Next for Gun Rights? Leading scholars offered their thoughts on Friday. National Review Online. March 13, 2012.
Changing Maryland's gun laws may have little effect on crime, scholars say. Baltimore Sun. March 10, 2012.
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