Title

You Can Lead a Horse to Water: Heller and the Future of Second Amendment Scholarship

Authors

Eric Ruben, Southern Methodist University, Dedman School of LawFollow
Joseph Blocher, Duke Law SchoolFollow

Abstract

Ten years ago, there was reason to believe that Second Amendment doctrine would—following elements of District of Columbia v. Heller—become rigid and binary. Likewise, scholarship might have followed the same path; digging into the pre-Heller trenches and pitting "pro-gun" against "pro-regulation" views. In "From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms After Heller," we showed through empirical study that the doctrinal reality is far more nuanced and interesting. In this essay, we describe how Heller not only inaugurated a new era of constitutional doctrine, but it also helped create a burgeoning new field of legal scholarship.

Publication Title

Duke Law Journal Online

Document Type

Article

Keywords

Second Amendment, constitutional law, firearms

Recommended Citation

Eric Ruben; Joseph Blocher, You Can Lead a Horse to Water: Heller and the Future of Second Amendment Scholarship, 68 Duke L.J. Online 1 (2018-2019)