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Books and Journal ArticlesBooksFirearms Law and the Second Amendment: Regulation, Rights, and Policy (Aspen Publishers 2012). The first law school textbook on the Second Amendment. With Nicholas J. Johnson, Michael P. O'Shea, and George Moscary. Aiming for Liberty: The Past, Present, And Future of Freedom and Self-Defense (Merril Press, 2009). Amazon.com and Barnes & Noble. The Heller Case: Gun Rights Affirmed! (Bloomfield Press, 2008). With Alan Korwin Supreme Court Gun Cases (Bloomfield Press, 2003). With Alan Korwin and Stephen Halbrook. Gun Control and Gun Rights: A Reader and Guide (New York University Press, 2002). With Andrew McClurg and Brannon Denning. Antitrust After Microsoft. (Chicago: Heartland Institute, 2001). Summary of the book. Review. Polski/Polish. E se avessimo preso la Columbine seriamente? in Io sparo che me la cavo: Quando essere armati è un diritto. di David Kopel & Carlo Stagnaro. (Leonardo Facco Editore, 2000). Argomenti a favore della libertà di portare armi. (ebook edition 2007). RCRA Demystified: The Professional's Guide to Hazardous Waste Law (Washington: Environmental Law Institute, 1996). An annotated guide to Resource Conservation and Recovery Act. With Linda Rockwood and Kimberly Temple. No More Wacos: What's Wrong with Federal Law Enforcement, and How to Fix It (Buffalo: Prometheus Books, 1997). With Paul Blackman. Winner of the 1997 Thomas S. Szasz Award for Outstanding Contributions to the Cause of Civil Liberties, presented by the Center for Independent Thought. Guns: Who Should Have Them? (Buffalo: Prometheus Books, 1995). The Samurai, the Mountie, and the Cowboy: Should America Adopt the Gun Controls of Other Democracies? (Buffalo: Prometheus Books, 1992). Named 1992 Book of the Year by the American Society of Criminology Division of International Criminology. Review by Nicholas Johnson, Public Interest Law Review. Review by the Foreign Military Studies Office, Ft. Leavenworth, Kansas. Gun Control in Great Britain: Saving Lives or Constricting Liberty? (Chicago: University of Illinois at Chicago, Office of International Criminal Justice, 1992). More Things You Can Do to Protect Your Gun Rights (Merril Press, 1995). With Alan Gottlieb. Things You Can Do to Protect Your Gun Rights (Merril Press, 1993). With Alan Gottlieb. The Highbrow in American Politics: Arthur M. Schlesinger Jr. and the Role of the Intellectual in Politics. Honors Thesis in History, Brown University, May 1982. Awarded Highest Honors, and National Geographic Society Prize. And Justice for Some: The Reagan Administration and the Rule of Law in America. Co-author of report issued by the National Organization of Law Students and Professors for Responsible Government, Oct. 1984. Chapters/Entries in Books "Restoring the Right to Bear Arms" in the Cato Handbook for Policymakers (2008, 7th ed.). With Robert A. Levy. "Gun Control and the Right to Arms after 9/11," in The Impact of 9/11 and the New Legal Landscape. (Editor, Matthew J. Morgan) (Palgrave MacMillan, 2009). With Paul Gallant & Joanne D. Eisen. Michael Moore is a Big Fat Stupid White Man, by David Hardy & Jason Clarke. The paperback edition contains a chapter by Kopel, an abbreviated examination of Michael Moore's deceits in "Fahrenheit 9/11." "A Foreign Policy Disaster," in The New Prohibition: Voices of Dissent Challenge the Drug War (Accurate Press, 2004). With Mike Krause. Alternate version in HTML. Comment on Cook & Ludwig, "Guns and Burglary," in Evaluating Gun Policy: Effects on Crime and Violence (Brookings Institution, 2003) (Philip J. Cook & Jens Ludwig, editors)."Guns and Burglars" in Guns, Crime, and Punishment in America. (NYU Press, 2003) (Bernard Harcourt, editor). Foreword to Gary Marbut, Gun Laws of Montana (2003). "Smash-up Policing: When Law Enforcement Goes Military" in Busted: Stone Cowboys, Narco-Lords and Washington's War on Drugs (New York: Thunder's Mouth Press/Nation Books, 2002). Mike Bray, editor."The Expanding Federal Police Power" and "Gun Control," in Cato Handbook for Congress—107th Congress (2001). "La libertà, l'esercito e la legge," in Waco: Una strage di stato Americana (Stampa Alternativa 2001). "Law Enforcement Militarization: The Drug War's Deadly Fruit," in After Prohibition: An Adult Approach to Drug Policies in the 21st Century (Cato Institute, 2000). "America's Only Realistic Option: Promoting Responsible Gun Ownership," in Guns in America: A Reader (N.Y.: New York University Press, 1999) (edited by Jan E. Dizard, Robert Merril Muth, and Stephen P. Andrews, Jr.). "The Brady Litigation: The Supreme Court Saves Federalism," in Commentaries on Law and Public Policy: 1997 Yearbook (Dumont Institute: 1999). "The Expanding Federal Police Power" in Cato Handbook for Congress—106th Congress (1999). "The Federal Government Should Set a Better Example," in Terrorism in the United States (N.Y.: H.W. Wilson Co., 1997). Part of the "Reference Shelf" series. Two articles on concealed carry and one on foreign gun control in Marjolijn Bijlefeld, editor, The Gun Control Debate: A Documentary History (Greenwood Press, 1997). "Government Practice" chapter in Full Disclosure: Do You Really Want to Be a Lawyer? (Peterson's Guides & the American Bar Association, 1989 and 1992). "Media Bias in Coverage of Gun Control: The Press Evaluates the Popular Culture," in The Gun Culture and Its Enemies (Bellevue: Merril Press, 1990) (William Tonso, editor). Encyclopedias and Dictionaries Editorial Board and author of numerous entries for Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law (ABC/Clio, 2d ed.: 2012). Entry on "Dhimmis" in Encyclopedia of Political Thought (Facts on File, forthcoming). Entry on "Pierce v. Society of Sisters" in The Twenties in America (Salem Press, 2012 forthcoming). Entry on "Garcia, Jerry" in Great Lives from History: Latinos (Salem Press, 2012). Entries on "National Firearms Act of 1934" and "Pittman-Robertson Act of 1937) in The Thirties in America (Salem Press, 2011). Entry on "Murphy, Audie" in The Forties in America (Salem Press, 2010). Entries on "Columbine massacre", "Gun control", and "Ruby Ridge shoot-out" in The Nineties in America (Salem Press, 2009). Entries on "Samuel Colt", "Richard Gatling" and "Hudson Maxim" in Great Lives from History: Inventors and Inventions (Salem Press, 2009). Entries on "Ballistic Fingerprinting", "Bureau of Alcohol, Tobacco and Firearms", "Gunshot Wounds" & "Silencers, gun" in Forensic Science (Salem Press, 2008). Entries on "Hennard, George", "Huberty, James Oliver," and "Lepine, Marc," in Notorious Lives from History (Salem Press, 2007). Entries on: "Branch Davidians, raid on," "Bureau of Alcohol, Tobacco and Firearms", "Right to Bear Arms”, “Vigilantism," and "Firearms, Legal and Illegal" in Criminal Justice, a three-volume library encyclopedia (Salem Press, 2005). Entry on "Gun Control," in Dictionary of American History (N.Y.: Scribners, revised edition, 2003). Editorial Board and author of 41 entries for Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law (ABC/Clio: 2002). Named an "Editors Choice," as one of the best new reference books of 2003 by Booklist, the magazine of the American Library Association. Currently in revision for a new edition. “Police Violence” in Encyclopedia of Violence in the United States (N.Y.: Charles Scribner’s Sons, 1999). Excerpts in Secondary School and College Books "The Collective Right," in Gun Control. Opposing Viewpoints (Gale/Cenage, 2012, forthcoming). "The Police Stood Idle," in The Columbine School Shooting. Part of the Perspectives on Modern World History series. (Gale, 2012 forthcoming). "Whether Gun Laws Should be Strict Depends on the Type of Law." Issues: Understanding Controversy and Society (ABC-Clio, 2011) (research database). "Human Rights Atrocities: The Consequences of United Nations Gun Confiscation in East Africa" in Global Viewpoints: Gun Control (Greenhaven/Gale, 2010). With Paul Gallant & Joanne D. Eisen. "An Arms Trade Treaty Could Encourage Human Rights Violations" in The Arms Trade. Current Controversies series. (Greenhaven Press 2009). With Paul Gallant & Joanne D. Eisen. "Virtue in Equivocation" in Inquiry Argument and Change: A Rhetoric with Readings, by Barbara Jo Krieger (Kendall/Hunt Pub. 2009). "Anti-Gun Lobbyists Take the Supreme Court's Decision Out of Context" (analysis of Presser v. Illinois) in Issues on Trial: Gun Control (Greenhaven Press 2007). "Florida's New Self-defense Law," in Gun Control. Opposing Viewpoints. (Greenhaven Press, Thomson Gale, 2007). "Gun Bans and Genocide: The Disarming Facts," Genocide. Opposing Viewpoints (Thomson Gale, 2007). Testimony on the Brady Bill. U.S. Senate Subcommittee on the Constitution, Aug. 2, 1988. Reprinted in History of Issues: Gun Control (Gale, 2006). "Owning Guns is Rooted in America’s Cultural Past," in Is Gun Ownership a Right? At Issue (Greenhaven Pr., 2005). "Facial Recognition Technology Threatens Individual Privacy," in Homeland Security. At Issue (Greenhaven Pr., 2004). "Strong Gun Control Laws Will Not Reduce Crime," in Guns and Crime. At Issue (Greenhaven Pr., 2004). "Welfare Causes an Increase in Out-of-Wedlock Births," in Welfare. Opposing Viewpoints (Greenhaven, 2003). With Michael Tanner. "Guns have been Wrongly Blamed for School Shootings," in School Shootings. At Issue (Greenhaven Press, 2002). With Ari Armstrong. "Benefits of Handguns," in Jerry Cederblom & David W. Paulson, Critical Reasoning (Wadsworth, 2001). "Guns in Right Hands Make Society Safer,” in Gun Control and Crime. At Issue (Greenhaven Pr., 1999). "Why Good People Own Guns: Better Safe than Sorry," in John Ramage and John Bean, eds., Writing Arguments (Allyn & Bacon, 4th ed. 1997). "Children are not at Risk from Handgun Violence" & "Legalizing Concealed Weapons Makes Society Safer", in Gun Control. Opposing Viewpoints (Greenhaven Pr., 1997). "Militias, White Supremacy and Violence," in The Militia Movement and Hate Groups in America. Ideas in Conflict (GEM Publications, 1996) "Privately Owned Guns Increase Security," in Crime and Criminals. Opposing Viewpoints (Greenhaven Pr., 1995). "Japanese Gun Laws Are Oppressive" in Gun Control (Greenhaven Press, 1992). "Guns are Necessary for Self-Defense", in Crime and Criminals. Opposing Viewpoints (Greenhaven Pr., 1989). Note: The chapter titles in the above series are written by the editors, and almost never are the original title of the reprinted article. In some cases, the editor-written title may not accurately express the precise meaning of the chapter. Scholarly ArticlesHow the British Gun Control Program Precipitated the American Revolution. 38 Charleston Law Review 283 (2012). 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.
Reducing the Drug
War's Damage to Government Budgets.
35 Harvard Journal of Law & Policy 543 (2012). With Trevor
Burrus.
Bad News for Professor Koppelman: The Incidental
Unconstitutionality of the Individual Mandate. 121 Yale Law
Journal Online 267 (2011). With Gary Lawson.
HTML.
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 672 (2010). With Paul Gallant & Joanne D. Eisen.
State court standards of
review for the right to arms, 50 Santa Clara Law Review 1113 (2010). With Clayton Cramer.
The Arms Trade Treaty: Zimbabwe, the Democratic Republic of the
Congo, and the Prospects for Arms Embargoes on Human Rights Violators,
114 Penn State Law Review 891 (2010). With Paul Gallant & Joanne D. Eisen. At the end of this document: Une version de 8 pages de ce document est disponible en
français. El extracto está disponible en español.
The Right to Arms in the
Living Constitution. 2010 Cardozo Law Review de Novo
99.
The Keystone of the Second
Amendment: Quakers, the Pennsylvania Constitution, and the
Questionable Scholarship of Nathan Kozuskanich. 19 Widener Law
Journal 271 (2010). With Clayton Cramer.
Credentials are No Substitute
for Accuracy: Nathan Kozuskanich, Stephen Halbrook and the Role
of the Historian. 19 Widener Law Journal 343 (2010). With
Clayton Cramer.
Connecting Laypeople with the Law through Blogs. Denver
University Law Review DUProcess, Oct. 19, 2009. Part of the
symposium
Legal Scholarship in the Internet Age. Pretend "Gun-free" School
Zones: A Deadly Legal Fiction. 42 Connecticut Law Review 515 (2009).
PDF. Cited in Students
for
Concealed Carry on Campus v. Regents of University of Colorado,
2010 WL 1492308, *7
(Colo. App. 2010) (Judge Hawthorne).
Unraveling Judicial Restraint: Guns, Abortion, and the Faux Conservatism
of J. Harvie Wilkinson, III. 25 Journal of Law & Politics
1 (2009)
(University of Virginia). Critique of 4th
Circuit Court of Appeals Judge Wilkinson's Virginia Law Review article
asserting the D.C. v. Heller is a 21st century version of Roe v. Wade.
With Nelson Lund.
The
Second Amendment in the Tenth Circuit: Three Decades of (Mostly)
Harmless Error. 86 Denver University Law Review 901 (2009).
In the annual Tenth Circuit Survey.
PDF.
Cited in
United
States v. McCane, 573 F.3d 1037, 1049 n.2
(10th Cir. 2009) (concurring opinion by Judge Tymkovich).
To Heller and Back.
Assessing the constitutionality of particular gun controls post-Heller.
25
Journal of Contemporary Criminal Justice 106 (2009). With Paul
Blackman.
The Natural Right of
Self-defense: Heller's Lesson for the World. Symposium issue on the Heller case.
59 Syracuse
Law Review 235 (2009). Cited in
United States v.
Skoien, 587 F.3d 803, 806 n.2
(7th Cir. 2009) (opinion by Judge Sykes).
Christian Pacifism Before Constantine. Working paper. June 12,
2008.
Pacifist-Aggressives
vs. the Second Amendment: An Analysis of Modern Philosophies of
Compulsory Non-violence. 3 Charleston Law Review 1 (2008).
Is
There a Relationship between Guns and Freedom? Comparative Results from
59 Nations. 13 Texas Review of Law & Politics
1
(2008). With Carl Moody & Howard Nemerov. Evolving Christian
attitudes towards personal and national self-defense. Working paper. Nov.
12, 2008. Analyzes changes in Christian thought about the use of force, from the
19th to the 21st century.
PDF. Human Rights and Gun
Confiscation. 26 Quinnipiac Law Review 383 (2008).
PDF. With Paul Gallant & Joanne D. Eisen. Examines human rights
abuses in gun confiscation programs in Kenya and Uganda, and in South
Africa's quasi-confiscatory licensing law. Also provides the most
complete collection ever presented of international survey data about
why people in various countries own guns. Dhimmitude and
Disarmament. 18 George Mason University Civil Rights Law Journal
305
(2008). PDF. The Human Right of
Self-Defense. 22 BYU Journal of Public Law 43 (2008).
With Paul Gallant & Joanne D. Eisen.
PDF.
Self-defense in Asian Religions,
2 Liberty Law Review 79 (2007). Armed Resistance to the
Holocaust. 19 Journal of Firearms & Public Policy 144 (2007).
Final version in
PDF.
Earlier version in
HTML.
Earlier version in Polish/Polski. The Gold Standard of Gun
Control. 2 Journal of Law,
Economics & Policy 417 (2006). Book review of Joyce
Malcolm's "Guns and Violence: The English Experience." In
PDF. In HTML.
With Paul Gallant & Joanne D. Eisen.
The Catholic Second Amendment. 29
Hamline Law Review 519 (2006). Alternate version in
HTML.
Is
Resisting Genocide a Human Right? 81 Notre Dame Law Review 1275
(2006). With
Paul Gallant & Joanne D. Eisen.
The
Scottish and English Religious Roots of the American Right to Arms:
Buchanan, Rutherford, Locke, Sidney, and the Duty to Overthrow Tyranny. 12
Bridges
291 (nos. 3/4, Fall/Winter 2005). Alternate version in
HTML.
The
Religious Roots of the American Revolution and the Right to Keep and Bear
Arms. 17 Journal on Firearms and Public Policy 167 (2005).
Does
the Right to Bear Arms Impede or Promote Economic Development? 6
Engage
85 (2005, issue 1)(journal of The Federalist Society). Alternate version in HTML.
Microdisarmament:
The Consequences for Public Safety and Human Rights. 73 UMKC Law Review 969 (2005). With Paul Gallant & Joanne D. Eisen. Examines UN-sponsored
programs to disarm people in Cambodia, Bougainville, Albania, Panama, Guatemala,
and Mali. Alternate version in
HTML. The
Licensing of Concealed Handguns for Lawful Protection: Support from Five State
Supreme Courts. 68 Albany Law Review 305 (2005). Analyzes decisions in New Mexico, Missouri, Ohio, Wisconsin, and Rhode Island.
PDF. Cited in
Wisconsin v. Fischer, 714
N.W.2d 495, 511 n. 6 (Wisc., May 17, 2006). Dissenting opinion of
Justice N. Patrick Crooks.
The
Torah and Self-Defense. 109 Penn State Law Review 17 (2004).
Alternate version in HTML.
Firearms Possession by "Non-State
Actors": the Question of Sovereignty. 8 Texas Review of Law and Politics 373 (2004). With Paul Gallant &
Joanne D. Eisen.
Global Deaths from Firearms: Searching
for Plausible Estimates. 8 Texas Review of Law and Politics 114
(2003). With Paul Gallant & Joanne D. Eisen.
PDF.
The
UN Small Arms Conference. 23 SAIS Review
319 (Johns Hopkins) (Winter/Spring 2003, Issue 1).
In
Italiano.
When
Must the Government Disclose Gun Owners' Names and Addresses? Preview of U.S. Supreme Court case Department of the Treasury v. City of
Chicago. American Bar Association Preview of Supreme Court Cases,
March 2003, pp. 289-93. Alternate version in
HTML.
Gun Ownership and Human Rights. Brown Journal of World Affairs (Winter/Spring 2003, vol. IX,
no. 2). With Paul Gallant & Joanne D. Eisen.
PDF. Alternate
version in HTML.
What
State Constitutions Teach about the Second Amendment. 29 Northern
Kentucky Law Review 845 (2002). Cited in
Mosby v. Devine, 851 A.2d 1031, 1040
(R.I. 2004).
Majority opinion by Chief Justice Williams.
State v. Hamdan, 264 Wis.2d 433,
467 n. 23, 665 N.W.2d 785, 802 n. 23 (Wisc. 2003). Majority opinion by Justice
David T. Prosser.
Smart Guns/Foolish Legislators. 34
Connecticut
Law Review
157 (2001). With Cynthia Leonardatos and Paul Blackman.
Lawyers, Guns, and Burglars. 43
Arizona Law Review 345 (2001). Symposium issue.
Miller versus Texas:
Police Violence, Race Relations, Capital Punishment, and Gun-toting in Texas in
the Nineteenth Century—and Today.
9 Journal of Law and Policy
737 (2001). With Cynthia Leonardatos and Stephen P. Halbrook.
The Self-Defense Cases: How the
Supreme Court Confronted a Hanging Judge in the Nineteenth Century.
27
American Journal of Criminal Law 294 (2000). Cited in
United States v. McElhiney,
275 F.3d
928, 935 n.2 (10th Cir. 2001).
The Evolving Police Power: Some Observations for a New Century. 27 Hastings Constitutional Law Quarterly 511 (2000).
With Glenn Harlan Reynolds. Analyzes recent state court
decisions striking down anti-sodomy laws, and suggests that courts in the 21st
century—like courts in the 19th century—may increasingly recognize that the
police power is not infinite. Also available in
Word format.
Firearms Tracing Data
from the Bureau of Alcohol, Tobacco and Firearms: An Occasionally Useful Law
Enforcement Tool, but a Poor Research Tool.
11 Criminal Justice
Policy Review 44 (Mar 2000). With Paul Blackman.
Treating Guns Like Consumer Products. 148
University of Pennsylvania Law Review 1701 (2000).
Self-Defense: The Equalizer. 15 Forum for Applied Research and Public
Policy 92 (No. 4, Winter 2000). Survey of gun control polices and results in
Japan, Britain, Canada, and Australia. With Linda Gorman.
PDF version. Alternate
version in HTML.
Guns, Gangs, and Preschools:
Moving Beyond Conventional Solutions to Confront Juvenile Violence. 1 Barry
Law Review 63 (2000).
The Supreme Court's Thirty-five
Other Second Amendment Cases. 18 St. Louis University Public Law
Review
99 (1999).
The Sounds of the Supremes: A Reply to
Professor Yassky. 18 St. Louis University Public Law
Review 203 (1999).
Comprehensive Bibliography of
the Second Amendment in Law Reviews. 11 Journal on Firearms and
Public Policy 1 (1999). Includes hypertext links to many articles.
All the Way Down
the Slippery Slope: Gun Prohibition in England, and Some Lessons for America.
22 Hamline Law Review 399 (1999). With Joseph Olson.
Alternative html layout, for
easier reading. PDF.
The Brady Bill Comes Due: The Supreme Court Saves Federalism. 9 George
Mason Civil Rights and Civil Liberties Law Journal
189 (1999).
Tench Coxe and the Right to Keep and Bear Arms
in the Early Republic. 7 William and Mary Bill of Rights Journal
347 (1999). With Stephen Halbrook.
Clueless: The Misuse of BATF Firearms Tracing Data.1999 Michigan
State University Detroit College of Law Review
171. In PDF.
The Second Amendment in the Nineteenth
Century. 1998 BYU Law Review 1359. Cited in
Oregon v. Christian,
--P.3d--, 249 Or.App. 1 (Or. Ct. App., 2012) (Edmonds, J., dissenting); Ezell v. City of Chicago,
651 F.3d 684, 702 n. 11 (7th Cir. 2011) (Judge Sykes) (commending Kopel
article as showing the proper model of "originalist interpretive method as
applied to the Second Amendment.");
Silveira v. Lockyer,
328 F.3d 567, 585 n. 92 (9th Cir. 2003) (Opinion by Judge Kleinfeld, joined by Judges
Kozinski, O'Scannlain, and T.G. Nelson, dissenting from denial of petition for
rehearing en banc); Gamble v. United States, 30 A.3d 161, 161
*n7 (D.C. App., Oct. 27, 2011) (Associate Judge Fisher).
Taking Federalism
Seriously: Lopez and the Partial-Birth Abortion Ban. 30 Connecticut Law
Review 59 (1997). With Glenn Harlan Reynolds.
Can Soldiers be Peace
Officers? The Waco Disaster and the Militarization of Law Enforcement.
30
Akron Law Review 619 (1997). With Paul Blackman. Reprinted in Italian in Carlo Stagnaro, editor,
Waco: Una Strage di Stato Americano (Stampa
Alternativa 2001).
The Unwarranted Warrant: The Waco Search
Warrant and the Decline of the Fourth Amendment. 18 Hamline Journal of
Public Law and Policy
1 (1996). With Paul Blackman.
Communitarians, Neorepublicans, and Guns:
Assessing the Case for Firearms Prohibition. 56 Maryland Law Review
438 (1997). With Chris Little. Cited in
Kasler v. Lockyer,
23 Cal.4th 472, 510, 97 Cal.Rptr.2d 334, 360 (Cal. 2000). Concurring opinion by Justice Janice Rogers
Brown.
Preventing a Reign of
Terror: Civil Liberties Implications of Terrorism Legislation. 21
Oklahoma City Law Review 247 (1996). With Joseph Olson.
PDF.
Guns, Germs, and Science: Public Health Approaches to Gun Control. 84
Journal of the Medical Association of Georgia 269 (June 1995).
The
Ideology of Guns and Gun Control in the United States. 18 Quarterly
Journal of Ideology 3 (1995).
Massaging the Medium: Reducing Media Violence
without Infringing the First Amendment. 4 Kansas Journal of Law and
Public Policy 17 (1995).
It isn't about Duck
Hunting: The British Origins of the Right to Arms (book review). 96 Michigan Law Review 1333 (1995).
Cited in
Oregon v. Hirsch,
338 Or. 622,
657, 114 P.3d 1104, 1123
(Ore. 2005). Unanimous opinion by
Justice Durham.
Book review of Aaron Zelman, et al.,
Lethal Laws, 15 New York Law School
Journal of International and Comparative Law 355 (1995).
The
Sullivan Principles: Protecting the Second Amendment from Civil Abuse. 19
Seton Hall Legislative Journal 737 (1995). With Richard Gardiner.
Shall Issue: The
New Wave of Concealed Handgun Laws. 63 Tennessee Law Review 679
(1995). With Clayton Cramer. Cited in
Pagel v. Franscell, 57 P.3d 1226, 1234, 1 Media L. Rep. 1923 (Wyo. 2002) (Justice Golden, specially concurring).
Cited in Lorenda Moody v. The ARC of Howard County, Inc.,
2011 WL 2671385 (D.Md.), 94 Empl. Prac. Dec. P 44,221, *5 n. 6 (July 7,
2011) (Judge Bredar).
A Tale of Three Cities: The Right to Bear
Arms in State Courts. 68 Temple Law Review 1177 (1995). With
Clayton Cramer and Scott Hattrup. Cited in
State v. Mendoza, 82 Hawai'i 143, 146 n.4, 920
P.2d 357, 360 n.4 (Haw. 1996). Majority opinion by Justice Klein.
State v. Schelin, 147 Wash.2d 562, 588, 5 P.3d 632, 645
(Wash. 2002). Justice Sanders, dissenting.
Rational Basis Analysis of 'Assault Weapon'
Prohibition. 20 Journal of Contemporary Law 381 (1994). Cited
in Kasler v. Lungren, 72 Cal. Rptr. 2d 260, 265 (Cal.
App. 1998). Majority opinion by
Associate Justice Morrison.
The Allure of Foreign Gun Laws. 83 Journal of the Medical Association of
Georgia 153 (Mar. 1994).
Burning Mad: The Controversy over Treatment of
Hazardous Waste in Incinerators, Boilers, and Industrial Furnaces. 23
Environmental Law Reporter 10216 (Feb. 1993).
The Anti-Deficiency Act: A Deficient Excuse for Federal Violations of
Environmental Laws. 23 Environmental Law Reporter
10481 (Aug. 1993).
Japanese Gun Control. 2
Asia-Pacific Law Review 26 (1993).
Español.
Peril or Protection? The Risks and Benefits of
Handgun Prohibition. 12 Saint Louis University Public Law Review
285 (1993).
Sorry, Wrong Number: Why Media Polls on Gun Control are so Often
Unreliable. 9 Political Communication and Persuasion 69
(no. 2, April-June 1992). With Gary A. Mauser.
Canadian Gun Control: Should
America Look North for a Solution to its Firearms Problem? 5 Temple
Journal of International and Comparative Law 1 (1991).
Mexico's Federal Laws on
Firearms and Explosives. University of Denver Legal Studies
Research Paper No. 10-12. April 2010.
Taiwan's Presidential Elections: An Analysis of What Happened, and What May Happen Next.
Independence Institute Issue Paper 3-2008. April 2008.
PDF. Examining how KMT candidate Ma
Ying-Jeou won the election in part because of his strong defense of Taiwan's
sovereignty and his appeal to Taiwan's growing national consciousness. The Issue
Paper also analyzes the two referenda on UN membership.
Media Errors in Coverage of Boulder High School: Falsehoods, Distortions, and
Omissions by Bill O’Reilly and “Caplis & Silverman”. Independence
Institute Issue Paper. June 2007.
PDF.
Human
Rights Atrocities: The Consequences of United Nations Gun Confiscation
in East Africa. With Paul Gallant and Joanne Eisen.
How U.N.-backed gun confiscation programs in Kenya and Uganda have led
to murder, torture, and arson, and have turned tens of thousands of
pastoral tribespeople into starving refugees. Independence Institute Issue Backgrounder
no. 2006-F. June 2006. In PDF. In
HTML.
Dark Sky Ordinances:
Separating the Light from the Darkness. Independence Institute Issue Paper
4-2006. April 2006. With Michael Loatman.
H.R.
1528: A Threat to Gun Owners, Family, and Privacy. Independence Institute
Issue Backgrounder, no. 2005-C. July 2005. With Mike Krause. New Congressional bill to increase
mandatory sentences would be a disaster for the Second Amendment and other civil
liberties.
The New
McCarthyism: Restricting Constitutional Rights Based on Mere Suspicion.
Independence Institute Issue Backgrounder, no. 2005-B. June 2005. Analysis of
proposals to use the "no-fly list" or other suspicion-based lists as a basis for
prohibiting the exercise of Second Amendment rights. Alternate version in
HTML.
The Drug War on Human Rights and Civil
Liberties. Occasional Paper # 8 from the
Liberal Institute of the
Friederich Naumann Foundation in Potsdam, Germany.
English full-text
draft in PDF. Alternate version in
HTML. Synposis, in
German. Summary and
e-mail link for full-text German print order. September 2004
Symposium and pictures, in German.
Fifty-nine Deceits in Fahrenheit 911. Independence Institute. July 2004.
Ballistic Imaging: Not Ready
for Prime Time. National Center for Policy Analysis. Policy
Backgrounder 160. April 2003. With Sterling Burnett.
Limited
Preemption of Firearms Laws: A Good Step for Civil Rights.
Independence Institute Issue Backgrounder no. 03-B. Mar. 2003.
Denver's
New Welfare Hotel: Why the Convention Center Hotel is a Mistake.
Independence Institute Issue
Paper no. 2-2003. Jan. 2003.
Hate
Crime Laws: Dangerous and Divisive. Independence Institute
Issue Paper no. 1-2003. Jan. 2003. Alternate version in
HTML.
Asset
Forfeiture Reform is Overdue. Independence Institute Issue Backgrounder
no 2002-D. Apr. 2002.
Discusses Colorado and Denver confiscation laws.
Should Gun Shows Be
Outlawed? McCain Bill Does Much More than Impose Background Checks.
Independence Institute Issue Paper no. 1-2002. Jan.
2002.
With Alan Korwin.
Access
to the Internet: Regulation or Markets? Heartland Policy Study No.
92. Heartland Institute.
Sept. 1999. Analyzes "Open Access" proposals to force cable television companies to let
other companies use the the cable companies' Internet connections.
Firearms
Deaths in Colorado. Independence Institute Issue
Backgrounder 2001-D. February 2001. With Diane Nicholl.
Strengthening Due Process and
Accountability, by Limiting Public Contingent Fee Arrangements.
Independence Institute
Issue
Backgrounder 2000-N. April 2000.
Abusive Lawsuits against the Second
Amendment. Independence Institute Issue Backgrounder
no. 2000-C . Jan. 2000.
How Strict are
U.S., Colorado, and Local Gun Control Laws? Independence Institute Issue
Paper no. 12-1999. Aug.
1999. Details how pervasive and severe existing gun control laws already
are. The paper examines the 20 weapons law violations perpetrated by the
Columbine criminals.
Unfair and
Unconstitutional: The New Federal Gun Control and Juvenile Crime Proposals.
Independence Institute Issue Paper no. 3-99.
June 1999. With James Winchester.
Denver's
Property Confiscation Ordinances: Good Targets for HB 1305. Independence
Institute Issue Backgrounder 1999-N. Feb. 1999.
Visiting Nurse Programs: A Good Idea but not with Tobacco Loot. Independence
Institute Issue Backgrounder 1999-D. Feb. 1999.
Agenda for a Better Colorado: The ABC Guide for Colorado Candidates.
Independence Institute Issue Paper 8-1998. Oct. 1998. With John Andrews.
Would
Clarence Darrow Defend the Branch Davidians? Ethical Considerations for
Second Amendment and other Bill of Rights Attorneys in Representing Members of
Unpopular Groups. NRA Foundation Continuing Legal Education Program, Ethics
Panel. Philadelphia, Pennsylvania, June 5, 1998.
Privileged Polluters: The Case against Exempting
Municipalities from Superfund. Competitive Enterprise Institute.
March 1998.
Refining
Colorado's Criminal Code. Independence
Institute Issue Paper no. 10-1997. Dec. 1997.
Unneeded Laws 1997. Independence Institute Issue Paper no. 2-1997. Jan. 1997.
Obsolete or harmful laws in the Colorado
Revised Statutes. With Jerry Kopel.
Prison Blues: How America's
Foolish Sentencing Policies Endanger Public Safety. Cato Institute, April
1994. Cited in United States v. Vargas, 885 F.Supp. 504, 505 n. 1 (S.D.N.Y.
1995). Vincent Broderick, District Judge.
Squirt Gun Bans Won't Stop Violent Crime:
Denver's "Mr. Wilson laws" are Empty Shells.
Independence Institute Issue
Paper no. 25-1993. Nov. 1993.
Children and Guns:
Sensible Solutions. Independence Institute Issue Paper no. 11-93. Apr.
1993.
Extreme Drug Law Tramples Bill of Rights:
Flaws Seen in Uniform Controlled Substances Act." Independence Institute Issue Paper no. 1-1992.
January 1992.
Marijuana Jail Terms: Costly and Hasty. Independence Institute Issue
Paper no. 5-1991.
April 1991.
Drug Testing: Shaky Science May Nullify Good
Intentions. Independence Institute Issue Paper no. 4-90.
April 1990.
Trust the People: The Case
Against Gun Control. Cato Institute Policy Analysis no. 109. July 1988. Reprinted in 3
Journal on Firearms and Public Policy 77
(1990). German translation (Deutsche Übersetzung):
Vertraue der Bevölkerung: Die Causa gegen Waffenverbote.
Saints' biographies: Thomas
Aquinas, Bertilla
Boscardin,
Blase, Catherine
Laboure
(and the Miraculous Medal), Cecelia, Elizabeth Ann
Seton,
Hildegund,
Perpetua &
Felicity (optional course reading for "Women Writers of the Middle Ages,"
Medieval Studies 3351/Women's Studies 3001, Memorial University of Newfoundland,
1997), Maria Goretti, the
Assumption of Mary, Nicholas
Owen, Wenceslaus.
MaryLinks. The web's best collection of
hand-picked, categorized links relating to the Virgin Mary. Plus a day-by-day
calendar of Marian events and festivals.
Who's Who in the World; Who's Who in America; Who's Who in the West; Who's
Who in Emerging Leaders in America;
Who's Who in American Law.
Scholar of the Year, 2009, Second Amendment
Foundation.
Journalist of the Year, 2006, 2002,
Gun Rights Defender of the Year, 1999, Citizen's Committee for the Right to Keep
and Bear Arms.
Thomas S. Szasz Award for Outstanding Contributions to the Cause of Civil
Liberties, 1997, conferred by the Center for Independent Thought, for the book
No More Wacos.
Bill of Rights Award, 1997, Second Amendment Foundation.
James Madison Award, 1995 and 1989, Second Amendment Foundation.
Book of the Year, 1992, American Society of Criminology, Division of
International Criminology, for The Samurai, the Mountie, and the Cowboy.
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