Bibliography

Forthcoming

Works in Progress

  • Applying History as Law: The Role of Historical Facts in Implementing Constitutional Doctrine () (with Brandon L. Garrett)
  • 'Form Is of Some Consequence’: Why and How the Peculiar Style of Amendments Has Shaped American Constitutional Law () (with Lawrence A. Zelenak)
  • Finding Holmes in Gitlow ()
  • Gun Violence and Prescriptions for Repair: A Novel Non-Encounter Restorative Justice Intervention ()
  • Making History () (with Brandon L. Garrett)
  • The Early Years of the First and Second Amendments ()
  • The Least Violence Avoider () (with others)
  • When the Justices Question Facts () (with Brandon L. Garrett)

Books

Articles & Essays

Issues Edited

Newspaper Articles and Commentary

  • Instead of Gun Regulation, Let’s Try Innovation, The Hill () (with Christopher Buccafusco)
  • “Murder the Media”: Press Freedom, Violence, and the Public Sphere, Knight First Amendment Institute Blog ()
  • Gun Rights and Domestic Violence in Rahimi—Whose Traditions Does the Second Amendment Protect?, Balkinization () (with Reva Siegel)
  • Appraising Sandy’s Call to “Arms”: Success in the Academy … Not So Much in the Courts, Balkinization ()
  • A Supreme Court Head-Scratcher: Is a Colonial Musket ‘Analogous’ to an AR-15?, New York Times () (with Darrell A.H. Miller)
  • No, Red-Flag Gun Laws Don’t Violate Due Process Rights, Washington Post () (with Jake Charles)
  • No, Courts Don’t Treat the Second Amendment as a ‘Second-Class Right’, Washington Post () (with Eric Ruben)
  • The U.S. Stole Billions From Haiti. It’s Time to Give It Back, Slate () (with Mitu Gulati)
  • Why Is the Gun Debate So Difficult?, Duke Magazine ()
  • SCOTUS Taking up 2nd Amendment Case Could Mean Cuts to Broad Swaths of Gun Regulation, TPM Cafe () (with Darrell A.H. Miller)
  • American Cities Have Always Regulated Guns. Now, Most Can’t, Washington Post ()
  • Guns Are a Threat to the Body Politic, The Atlantic () (with Reva Siegel)
  • Why Do States Ban “Electioneering” but Allow Guns at Polling Places?, Slate () (with Alan Chen)
  • Symposium: Disrupting the Consensus on Second Amendment Doctrine Would be a Mistake, SCOTUSblog () (with Eric Ruben)
  • Sure, Trump Can Buy Greenland. But Why Does He Think It’s up to Denmark?, Politico Magazine () (with Mitu Gulati)
  • The “Handgun Article” in Justice Powell’s Papers, Second Thoughts ()
  • What Firearms Law and Regulatory Scholarship Can Learn from Each Other, The Regulatory Review () (with Darrell A.H. Miller)
  • If Countries Won’t Take Refugees for Moral Reasons, Let’s Give Them Financial Incentives, Quartz () (with Mitu Gulati)
  • The Fourth Circuit's "Assault Weapons" Ruling: Alternative Holdings and Alternative Weapons, ACSblog ()
  • Speech, Guns and Docs v. Glocks, ACSblog ()
  • Court-hacking Comes to North Carolina, News & Observer () (with Neil Seigel)
  • We Can Regulate Guns at the Local Level, Too, New York Times ()
  • Guest Post: Ukraine and Russia-You Break It, You Bought It, ericposner.com () (with Mitu Gulati)
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