2nd Amendment

In an op-ed published in the Washington Post on Friday, Justice Stevens wrote about his proposal to correct the Second Amendment. His proposal to “add five words” to the Second Amendment to fix it comes from his new book, Six Amendments: How and Why We Should Change the Constitution (affiliate link).

It’s a worthy endeavor for a former justice to examine the Constitution and propose the changes that judicial interpretation alone cannot reach (or at least are not reaching for political reasons). However, if his solutions to the other five amendments are as dumb as his answer to the Second Amendment, we’re all in trouble….

double red triangle arrows Continue reading “Justice Stevens Tries To Solve Gun Crisis The Dumbest Way Possible”

Here’s your fact pattern. You’re a young prosecutor and you get assigned a file for a troubled young woman.

She’s charged with a number of crimes, mostly revolving around meth, because it’s Oklahoma and there’s nothing else to do but meth and trade complaints about Texas.

But then you study the file a little more and see that the woman was caught with a loaded gun. Nothing too surprising there.

In her vagina.

Wait, what?!?

You know what they say, if you outlaw guns jammed in vaginas, only outlaws will have guns jammed in vaginas…

double red triangle arrows Continue reading “Woman Concealed a Handgun… Where?”

Ed. note: This is the latest installment of Righteous Indignation, our new column for conservative-minded lawyers.

In Houston last weekend, the National Rifle Association held its 2013 national convention. Although Houston is my once (and future) home, I did not attend the convention. I did, however, watch videos of several of the Leadership Forum speakers, including Texas Senator Ted Cruz, Louisiana Governor Bobby Jindal, Texas Governor Rick Perry, former UN Ambassador John Bolton, Glenn Beck, and Sarah Palin. You can watch them online too if you (a) care to hear the NRA’s platform articulated by people with very nice hair, (b) wish to entertain your morbid liberal curiosity, or (c) want to see Glenn Beck get choked with emotion about freedom — again.

Also in the last few days, the website Neighborhood Scout released a list of “the most dangerous neighborhoods in America.” The rankings relied on the violent crime rate per 1,000 residents, 2011 census tracts and population data from the U.S. Census Bureau, and violent crime statistics from the FBI, U.S. Department of Justice, and local law enforcement agencies. They defined “violent crimes” as murder, aggravated assault, armed robbery, and forcible rape. (You know, the legitimate kind of rape.)

Two of the neighborhoods in the top 15 on that list are areas where I have lived, worked, or studied. In one of those neighborhoods, the 2011 violent crime rate was 91.27 per 1,000 residents. A resident there has a one in 11 chance per year of becoming the victim of violent crime.

I was never the victim of violent crime in those parts of town, though I experienced several thefts and one burglary while living nearby. Even so, taking advantage of Texas’s option of a concealed carry permit and a manageably small-caliber handgun seemed like a sensible option to at least consider. Why should I be the only one who thinks a responsible, safety-conscious response to a high-crime urban neighborhood is to purchase and carry a firearm?

double red triangle arrows Continue reading “Righteous Indignation: Why Is the NRA So White?”

* If you’re looking for an easy résumé line, then consider joining the Supreme Court bar, an elite organization that doesn’t check to see if its members are still alive. All you need is three years of practice, two signatures, and $200. [Associated Press]

* Stanley Chesley, the master of disaster himself, was disbarred for his “shocking and reprehensible” conduct in a fen-phen case. His wife, U.S. District Court Judge Susan Dlott of the Southern District of Ohio, must be oh so pleased. [Courier-Journal]

* Howrey like dem apples now? Some of Howrey’s former partners, including ex-chairman Robert Ryuak, all lined up to make deals to delay lawsuits from the firm’s bankruptcy trustee, Allan Diamond. [WSJ Law Blog (sub. req.)]

* This Biglaw firm’s future was just a little bit dimmer in 2012, with a 4.9 percent dip in profits per equity partner. This is unexpected from Milbank, a number 3 seed in our March Madness competition. [Am Law Daily]

* The NRA’s New York affiliate filed suit challenging the state’s new gun laws, claiming that a ban on assault weapons violates the Second Amendment — because this is clearly what the founders intended. [Reuters]

* Raj Rajaratnam’s younger brother, Rengan Rajaratnam, was indicted yesterday in a federal insider-trading scheme tied to the Galleon case. You can’t fault the guy, he was just trying to keep it in the family. [Bloomberg]

* Sorry, Dean Boland, but you’re not going anywhere. A judge denied the attorney’s request to withdraw from Paul Ceglia’s Facebook case. He must be wishing there were a dislike button now. [Law 360 (sub. req.)]

* A Charleston School of Law student leader was arrested for stalking. I’m not sure how else Charleston Law students are supposed to get jobs. [Fitsnews]

* I think this is a very poor reading of the history of the Second Amendment that is making the rounds. Sure, having weapons really helped slaveholders, but that’s not “the reason” the Second Amendment was ratified. The founders had better reasons… reasons that have nothing at all to do with the time we live in, but that’s a different story. [Truthout]

* By the way, you saw that Obama nominated a black lawyer for something, right? Since the Republicans in Congress are so concerned about Obama’s record on diverse appointments, I’m sure Todd Jones will be confirmed super quickly. [Daily Beast]

* Should pet owners be allowed to recover for “sentimental value”? A Texas case might answer that question. I’m looking forward to the companion case in Arkansas where pet owners try to recover from loss of consortium. [Adjunct Law Prof Blog]

* I’d be shocked if this Manti Te’o thing doesn’t end up with somebody suing someone for something. [New York Daily News]

* There’s going to be a law and robots conference at Stanford in April. Because we all know how much robots love law. [The Volokh Conspiracy]

Pillsbury’s so lonely these days.

* “Without the formation of character, the rest is futile.” An Article III judge’s take on the law school crisis. [Simple Justice]

* Because nobody likes sloppy seconds, the merger talks between Pillsbury Winthrop and Dickstein Shapiro are now off the table. [Thomson Reuters News & Insight]

* David Tresch, an ex-Biglaw CIO, was indicted last week on wire fraud charges. “Bitch better give me back my money,” said Mayer Brown. [ABA Journal]

* Does Jeffrey Toobin understand the Voting Rights Act? This law professor seems skeptical. [PrawfsBlog]

* Praise the Lord and pass the ammunition, because this Saturday is Gun Appreciation Day. Go celebrate your Second Amendment rights — but do it responsibly, please! [Volokh Conspiracy]

* Remember Ryan Chenevert, the young lawyer who took home the title of Cosmo’s Bachelor of the Year for 2012? Check out the very tongue-in-cheek interview this hottie did with 225 Magazine, after the jump….

double red triangle arrows Continue reading “Non-Sequiturs: 01.14.13″

* Change may be coming soon in light of the Newtown shooting, but any talk about new federal restrictions on guns will hinge on the Supreme Court’s interpretation of the Second Amendment through the lens of the Heller case. [National Law Journal]

* Joel Sanders and the Steves are facing yet another “frivolous” lawsuit over their alleged misconduct while at the helm of the sinking S.S. Dewey, but this time in a multi-million dollar case filed by Aviva Life and Annuity over a 2010 bond offering. [Am Law Daily]

* Always a bridesmaid, never a bride: Pillsbury has had the urge to merge since February, and now the firm may finally get a chance to walk down the aisle with Dickstein Shapiro. [Thomson Reuters News & Insight]

* Income-based repayment is a bastion of hope for law school graduates drowning in student loan debt, but when the tax man commeth, and he will, you’ll quickly find out that the IRS doesn’t have IBR. [New York Times]

* Is the premise of graduating with “zero debt” from a law school that hasn’t been accredited by the ABA something that you should actually consider? Sure, if you don’t mind zero jobs. [U.S. News and World Report]

* Daniel Inouye, Hawaii’s Senate representative for five decades and a GW Law School graduate, RIP. [CNN]

I think we all know how I feel about things like this. I just wanted to give the ATL community a place to talk about their thoughts on today’s tragedy in Connecticut.

I’d like to think that we could do something a little more substantial than praying for the families of victims, but I’ll pray too.

Feel free to discuss.

An 18th century firearm.

One doesn’t have to be a historian to realize that a right to keep and bear arms for personal self-defense in the 18th century could not rationally have been limited to the home.

– Judge Richard Posner of the Seventh Circuit, overturning an Illinois law prohibiting loaded weapons from being carried in public.

(Perhaps if Posner were a historian, he’d have remembered the whole “a well regulated militia being necessary to the security of a free state” clause that precedes our supposedly inviolable rights to carry around loaded hand cannons that pack the lethality of half of the Continental Army.)

Build-a-gun!

This is absurd. Over the past month, the United States hasn’t been able to go a full week without a devastating public shooting — but we still have stuff like this rising from the collective woodwork.

Meet Cody Wilson, a University of Texas Law student and founder of Wiki Weapon, a new venture aiming to merge the growing popularity of 3D printers, the internet age, and deadly weaponry.

Step right up, get your cheap, do-it-yourself gun right here. And while you’re at it, why don’t you just shoot me in the face, too….

double red triangle arrows Continue reading “This Gun Is Your Gun, This Gun Is My Gun: A 2L’s Quest To Make Printable Firearms”

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