Bibliography

Forthcoming

  • "A Map Is Not The Territory”: The Theory and Future of the Sensitive Places Doctrine, New York University Law Review Online (forthcoming) (with others)
  • A Meditation on the Thirteenth Amendment and Constitutional Redemption, Maryland Law Review (forthcoming)
  • Common Good Gun Rights, Harvard Journal of Law & Public Policy (forthcoming) (Reviewing Adrian Vermeule, Common Good Constitutionalism (2022))
  • Firearms Law and Scholarship Beyond Bodies and Bullets, Annual Review of Law and Social Science (forthcoming) (with others)
  • Manufacturing OutliersSupreme Court Review (forthcoming) (with Joseph Blocher)
  • 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)
  • Technology, Tradition, and “The Terror of the People", Notre Dame Law Review (forthcoming) (with others)
  • The Second Amendment: Gun Rights and Regulation (Foundation Press, forthcoming) (with others)
  • Prohibitions on Private Armies in State Constitutions, 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)

Books

Articles & Essays

Issues Edited

Newspaper Articles and Commentary

  • Bruen and Constitutional Gnosticism, Balkinization ()
  • Facts Still Matter, Even Before This Supreme Court, Newsweek () (with others)
  • State Gun Regulations Are a Messy Patchwork. The Supreme Court’s Bruen Decision Won’t Help, The Hill () (with others)
  • A Supreme Court Head-Scratcher: Is a Colonial Musket ‘Analogous’ to an AR-15?, New York Times () (with Joseph Blocher)
  • The Next Front in the Fight Over Guns, Washington Post ()
  • Montgomery Facing Litigation for Renaming Street After Civil Rights Leader, SLoG ()
  • Conservatives Sound Like Anti-racists — When the Cause Is Gun Rights, Washington Post ()
  • The Reconstruction Amendments’ Canonical Texts, Balkinization ()
  • SCOTUS Taking up 2nd Amendment Case Could Mean Cuts to Broad Swaths of Gun Regulation, TPM Cafe () (with Joseph Blocher)
  • “Lineal Descendant” Analysis in Second Amendment Litigation, Harvard Law Review Blog ()
  • How to Safeguard Progressive Legislation Against the Supreme Court: Poison Pills, Washington Post () (with Aziz Huq)
  • Gun Laws Were Meant to Ban Private Militants. Now, Our Hands are Tied., Washington Post ()
  • A Simplistic Interpretation of "Defund the Police" May Embolden Vigilantes, Newsday ()
  • What Firearms Law and Regulatory Scholarship Can Learn from Each Other, The Regulatory Review () (with Joseph Blocher)
  • Guard These True Monuments to Martin Luther King Jr., Newsday ()
Darrell Miller portrait