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Criminal Justice & U.S. Const. amends. 4-10

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Health, Education & Welfare

History

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Media and 1st Amendment

Religion

Right to Arms: Policy issues

Right to Arms: Law, history, politics

Right to Arms: International

Terrorism (& Fahrenheit 9/11)

Waco


Archives

Newspaper & magazines articles: 2007 to present; 2001-2006; 1986-2000.

Books, law review articles, other scholarly publications.

Recent blogging

Blog archive

Video archive

Audio archive


Social/mobile Media

PDA version of this page.

PDA version of Kopel's weblog.

Click the icon Kopel RSS feed to get RSS/XML updates of this website, and of Dave's blog posts.
PDFs of Kopel's Dave's journal articles on SSRN.

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RSS of Kopel Facebook.


Books

 

Firearms Law & the Second Amendment; Regulation, Rights, and Policy, First Edition by Nicholas J. Johnson, David B. Kopel, George A. Mocsary, Michael P. O

Kopel's new book Firearms Law & the Second Amendment; Regulation, Rights, and Policy has just been published. It is the first law school textbook on the Second Amendment. Buy from Amazon. Publisher webpage for book. Authors' website for book; includes Table of Contents, and Preface.


Podcasts on the book:

Chapter 3. The Colonies and the Revolution.

Chapter 2. Antecedents of the Second Amendment: From Confucius to the British Whigs.

Chapter 1. An introduction to firearms laws and firearms function. 

More books by Kopel.


World Languages

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Español.

Polski /Polish.

Português.

Český /Czech

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Pусский/Russian. К переговорам по проблеме Ирана. Iran talks. Radio Liberty. 8.4.2012. MP3.

Deutsch /German.

Nederlands /Dutch.

Svenska /Swedish.

Dansk /Danish.

繁體中文 /Chinese.

日本語 Full-text Japanese version of this entire website.


Great website: JerryKopel.com. My father's essays on Colorado and national politics, based on his 22 years of service as a Colorado State Representative.

Jerry Kopel, the Legislator's Legislator. Wonderful article by retired Dem. State Representative Morgan Smith. Colorado Statesman. Sept. 27, 2011.


About Kopel, and contact info.


 

 

Gun Control and the Second Amendment - 2 of 3 from Fordham Law School on Vimeo. Kopel begins at 15:30, on post-Heller firearms law reforms.


Debunking "Stand your ground" myths. NRA News. April 3.

Latest short articles

Bloomberg's X-ray. NYC develops gun detectors to conduct secret warrantless searches. America's 1st Freedom. May 2012.

Calderon misfires on U.S. gun control. Mexican president scatters blame far and wide for ‘Fast and Furious’ mistakes. Washington Times. April 12, 2012.

Canada Abolishes Long Gun Registry. Volokh.com. Apr. 5, 2012.

President Obama versus the Constitution. Obama attacks judicial review, says that it would be "unprecedented" for Court to rule against a congressional statute. Volokh.com, Apr. 3, 2012.

Debunking the 'stand your ground' myth. Anti-gun advocates mislead on Trayvon case to erode right to self-defense. Washington Times, Apr. 2, 2012.

Nearing the end of the search for the non-existent limiting principles. If Obamacare is constitutional, the government can make you buy anything. Volokh.com. March 29, 2012.

Obamacare Gives Government Unlimited Power, Violates Constitution. PolicyMic. Mar. 28, 2012.

Florida's Self-Defense Laws. Explains why the "Stand your ground" and "Castle Doctrine" laws are irrelevant to the Martin/Zimmerman case. Volokh Conspiracy. Mar. 27, 2012.

The AR-15 And The Second Amendment: No Respect. It’s the best-selling type of rifle in America today, yet the gun prohibition lobbies want to make it a crime for you to own one. America's 1st Freedom. April 2012.

Who Rules Who? On what the Scottish people are really voting for. The Scottish independence referendum. Holyrood. Mar. 11, 2012.

Holder Must Go. Attorney General Eric Holder's lies and half-truths in the "Fast and Furious" aftermath are nothign new. A look at the past shows a long history of dishonesty and disdain for the truth and the law. America's 1st Freedom. Mar. 2012.

The Incidental Unconstitutionality of the Individual Mandate. Legal Workshop. Feb. 6, 2012. With Gary S. Lawson.


In the Media

Eliot Spitzer's Constitution. American Spectator. May 1, 2012.

Floridians back “Stand Your Ground” law. Jason Pye. United Liberty. Apr. 24, 2012.

Trayvon Martin case reveals confusion over how Stand Your Ground works. Christian Science Monitor. By Patrik Jonsson. April 11, 2012.

George Zimmerman charged in Trayvon Martin case: Why now, and what next? Christian Science Monitor. By Patrik Jonsson. April 11, 2012.

Kopel on CNN: In Zimmerman/Martin case, trial by media is wrong. Stand Your Ground law is clear, and does not apply to the case. March 30, 2012. Part 1. Part 2.  

Trayvon Martin case: Why hasn't George Zimmerman been arrested?‎ Christian Science Monitor. By Peter Grier. Mar. 28, 2012.

Independence Institute on Obamacare: It’s not about the Commerce Clause. Research Director Kopel adds two ‘blockbuster briefs’ to wave of material swamping high court for historic case. Colorado Independent. By John Tomasic. Mar. 26, 2012.

Trayvon Martin and the 'stand your ground' law. Chicago Tribune. Mar. 23, 2012. By Steve Chapman.

Colorado Part of Health Care Reform Law Challenge at Supreme Court. CBS-4 television, Denver. Mar. 23, 2012.

What’s Next for Gun Rights? Leading scholars offered their thoughts on Friday. National Review Online. March 13, 2012.

Changing Maryland's gun laws may have little effect on crime, scholars say. Baltimore Sun. March 10, 2012.


In the Courts

Victory in the Colorado Supreme Court! The Court unanimously rules that the University of Colorado may not segregate itself from persons who under Colorado state law are licensed to carry a handgun for lawful defense "everywhere in the state." Kopel's amicus brief for the County Sheriffs of Colorado in Students for Concealed Carry on Campus v. Regents of the University of of Colorado.

Individual mandate: Independence Institute amicus brief in HHS v. Florida Supreme Court case. Argues that the individual mandate cannot be justified by the Necessary and Proper clause.

Medicaid mandate: Independence Institute amicus brief in Florida v. HHS, before the US Supreme Court. Argues that the Obamacare Medicaid mandate (states must drastically expand Medicaid eligibility, or lose all federal matching funds for Medicaid) violates the Constitution. 

Amicus brief in People v. Aguilar, currently before the Supreme Court of Illinois. Professors Michael O'Shea, Nicholas Johnson, and Kopel argue that Illinois's complete prohibition of defensive carry in public places violates the Second Amendment.

Amicus brief for the Independence Institute in Kerr v. Hickenlooper (D. Colo.). Rebuts plaintiffs' claim that direct democracy, such as referenda and initiatives, is contrary to the Republican Form of Government clause of the U.S. Constitution. Podcast by II Senior Fellow Rob Natelson on the brief.

Amicus brief for the International Law Enforcement Educators and Trainers Association, and the Independence Institute, in Peruta v. San Diego (9th Circuit). Details why the carrying of an unloaded handgun--which can only be loaded under "imminent" threat--is insufficient to effectuate the constitutional right of armed self-defense. Also details police interests in encouraging concealed carry rather than open carry. Includes numerous short videos to illustrate the brief's descriptions of how guns are loaded, and how they are deployed in an emergency. 


Latest Monographs & Journal articles

Reducing the Drug War's Damage to Government Budgets. 35 Harvard Journal of Law & Public Policy 543 (2012). With Trevor Burrus.

How the British Gun Control Program Precipitated the American Revolution. 38 Charleston Law Review 283 (2012).

The PPACA in Wonderland. 38 American Journal of Law & Medicine (2012). With Gary S. Lawson.

Bad News for John Marshall. 121 Yale Law Journal Online 529 (2012). With Gary S. Lawson. Why Obamacare advocates are wrong to claim that finding the mandate unconstitutional will wreck modern constitutional law.

The Incidental Unconstitutionality of the Individual Mandate. Legal Workshop. Feb. 6, 2012. With Gary S. Lawson.

Colombia's National Law of Firearms and Explosives. Full translation of the Colombian statutes, along with historical and narrative explanation. Independence Institute Issue Paper no. 3-2011. By Jonathan Edward Shaw.

Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate. 121 Yale Law Journal Online 267 (2011). With Gary Lawson. HTML. PDF.

Health Laws of Every Description”: John Marshall’s Ruling on a Federal Health Care Law. 12 Engage (no. 1, June 2011): 49-54. With Robert G. Natelson.

How Many Global Deaths from Arms? Reasons to Question the 740,000 Factoid being used to Promote the Arms Trade Treaty. 5 NYU Journal of Law & Liberty 672 (2010). With Paul Gallant & Joanne D. Eisen.

Commerce in the Commerce Clause: A Response to Jack Balkin. 109 Michigan Law Review First Impressions 55 (2010). With Robert G. Natelson.


Latest Television, Radio, Podcasts, Print Media

Firearms Law and the Second Amendment. Law school textbook. Chapter 3. The Colonies and the Revolution. iVoices.org, May 9, 2012.

Colorado Inside Out. May 4, 2012. Same-sex civil unions, Denver camping ban, Lower North Fork Fire, & I-70 plan. Postgame: Sales tax holiday for school supplies.

Firearms Law and the Second Amendment. Chapter 2. Antecedents of the Second Amendment: From Confucius to the British Whigs.  iVoices.org, Apr. 16, 2012.

Debate on constitutionality of Obamacare. Kopel vs. Univ. of Colo. Prof. Scott Moss. DU Law School. April 11, 2012.

Colorado Inside Out. April 6, 2012. North Fork Fire, disgraced former Sheriff Pat Sullivan, mail-in ballots, proposed camping ban in Denver. Postgame: Romney and the 2012 primaries.

Firearms Law and the Second Amendment. Chapter 1. First in a podcast series on Kopel's new law school textbook. iVoices.org, Apr. 4, 2012.

Florida Self-Defense Laws and the Martin/Zimmerman case. Peter Boyles Show. KHOW radio, Denver. April 3, 2012.

Colorado Inside Out. Mar. 23, 2012. Layoffs at Denver Post, Broncos toss away Tebow, Denver Police Department reforms, racists attack Denver Public School reforms, RTD negotiates on its broken promises. Postgame: More on Tebow and Manning.

Colorado Inside Out. Mar. 16, 2012. Abortion pill mandate rallies, medical marijuana dispensaries, City Council redistricting in Denver. Postgame: Denver Police Commander committee.

Independence Institute amicus brief on the Individual Mandate in the health control law. iVoices.org. Mar. 12, 2012. With Rob Natelson. 32 minutes.

Independence Institute amicus brief on the Medicaid Mandate in the health control law. iVoices.org. Mar. 12, 2012. With Rob Natelson. 26 minutes.

Colorado Inside Out. 1951 time machine episode. First aired in early July 2011.

Video archive. Audio archive.


In Congress and Legislatures

When did the Independence Institute explain that Obamacare was probably unconstitutional? Senior Fellow Rob Natelson on Jan. 23, 2010. Research Director Dave Kopel on March 22, 2010 (tax power), and April 2, 2010 (commerce power, constitutional structure). Here is the video of Kopel's April 28, 2010, debate with former Colorado Supreme Court Justice Jean Dubofsky, who had announced, "I believe that the lawsuit stands little chance of success,” and "The mechanism chosen by Congress to enforce the requirement of health insurance is not unusual."

Testimony on D.C. Council's proposed revision to the District's gun control laws. Kopel argues against a provision which excessively discriminates against people with visual impairments. The testimony also critiques D.C.'s unusual system of long gun registration. Feb. 13, 2012.

Kopel testified on Nov. 17 before the U.S. Senate subcommittee on Crime and Terrorism regarding S. 463, Senator Schumer's bill to vastly expand the number of people prohibited from owning or temporarily possessing a firearm. 29-page written testimony. Video of subcommittee hearing. Kopel's 5 minute prepared remarks begin at 72:41. At 103:40, there is a Q&A with Senator Grassley, with leads to follow-up questions with Senator Schumer, in which Kopel explains to Schumer what the Schumer bill actually does. Kopel discusses the bill on NRA News. Media coverage: NPR, ABC, Governing, Albany Times Union.

Kopel testified on Sept. 13 before the U.S. House subcommittee on Crime, Terrorism, and Homeland Security, regarding H.R. 822, which would set up a national system of interstate reciprocity for concealed handgun carry permits. Kopel's 24-page written testimony. Video of the subcommittee hearing. Cato Institute podcast with Kopel on the issue.


 

 


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