Bibliography

Forthcoming

  • A Great American Gun Myth: Race and the Naming of the 'Saturday Night Special', 108 Minnesota Law Review Headnotes (forthcoming) (with Jennifer L. Behrens)
  • "A Map Is Not The Territory”: The Theory and Future of the Sensitive Places Doctrine, New York University Law Review Online (forthcoming) (with others)
  • Fact StrippingDuke Law Journal (forthcoming) (with Brandon L. Garrett)
  • Firearms Law and Scholarship Beyond Bodies and Bullets, Annual Review of Law and Social Science (forthcoming) (with others)
  • Guided By History: Protecting the Public Sphere From Weapons Threats Under Bruen, 98 New York University Law Review (forthcoming) (with Reva B. Siegel)
  • Historical Gun Laws Targeting 'Dangerous' Groups and Outsiders, in New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society (forthcoming) (with Catie Carberry)
  • Manufacturing OutliersSupreme Court Review (forthcoming) (with Darrell A.H. Miller)
  • New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society (Oxford University Press, forthcoming) (editor with others)
  • Originalism-by-Analogy and Second Amendment AdjudicationYale Law Journal (forthcoming) (with Eric Ruben)
  • The Second Amendment: Gun Rights and Regulation (Foundation Press, forthcoming) (with others)
  • Beyond Felons: Other Prohibited Classes of Arms Possession, in New Histories of Gun Rights and Regulation: Essays on the Place of Guns in American Law and Society (Joseph Blocher, Jacob D. Charles, and Darrell A. H. Miller, eds., forthcoming) (with Caitlin Carberry)

Works in Progress

  • Judicial Ideology and Second Amendment Doctrine () (with Eric Ruben)

Books

Articles & Essays

Issues Edited

Newspaper Articles and Commentary

  • 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 BackSlate () (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’tWashington 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)
Joseph Blocher