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The Dave Kopel Daily. Web newspaper collecting articles from Kopel and those whom he follows on Twitter.

Latest short articles and commentary

The Scam Artist. Former New York City Mayor Michael Bloomberg’s newest gun-prohibition group, Everytown for Gun Safety, has gotten off to a rough start. America's 1st Freedom. July 2014.

Former Nixon speechwriter: Why the president had to resign, or be impeached. John K. Andrews's explanation for why the lawless president he once served had to be removed from office. July 7, 2014.

Gore Vidal: The United States of Amnesia. Movie review. "Gore Vidal: United States of Amnesia" is a fine film for everyone who is interested in American intellectual history. Washington Post. June 17, 2014.

The missing 18 1/2 minutes: Presidential destruction of incriminating evidence. How Richard Nixon got away with destroying 18 1/2 minutes of taped evidence against him. Washington Post. June 16, 2014.

Emmy nomination: 1973 time machine episode of Colorado Inside Out. "Time machine" episode of Colorado Public TV roundtable program goes back to 1973. Washington Post. June 1, 2014.

A Fault Line in California. One of the biggest Second Amendment court victories ever was recently won in California, and the National Rifle Association was there every step of the way. America's 1st Freedom. May 2014.

The history of magazines holding 11 or more rounds: Amicus brief in 9th Circuit. Magazines holding more than 10 rounds have been common in America for over 150 years. Washington Post. May 29, 2014.

Brady Center lawsuit to use “smart” gun mandate to trigger handgun ban in New Jersey. NJ lawsuit on "smart" guns report would ban handgun sales. Washington Post. May 22, 2014.

Vagueness challenge in Manhattan DA’s use of gravity knives. New York District Attorney asserts that common folding knives are illegal "gravity knives." Washington Post. May 20, 2014.

The Ancient Laws of Cambria: Book review. "The Ancient Laws of Cambria" provides an engaging view of historical Welsh law and culture. Washington Post. May 20, 2014.

Sheriffs and the posse comitatus. Sheriffs today continue to use their common law posse comitatus power to summon armed citizens to the aid of law enforcement. Washington Post. May 15, 2014.

Smart Guns. "Smart guns" have almost no appeal to consumers, and New Jersey's smart gun mandate makes the problem worse. Washington Post. May 6, 2014.

Holocaust remembrance week: How armed Jews saved lives. During the "Days of Remembrance" for the Holocaust, remember the heroic armed Jewish partisans who fought the Nazis and saved lives. Washington Post. May 2, 2014.

The First Amendment Guide to the Second Amendment. First Amendment doctrines are often useful in resolving Second Amendment legal issues. Washington Post. Apr. 21, 2014.

National Firearms Law Seminar. Firearms law CLE program in Indianapolis on April 25. Washington Post. Apr. 18, 2014.

Avoid Gun Control That Goes Too Far. NY Times Room for Debate series. Apr. 18, 2014.

Mexico’s gun control laws: A model for the United States? Claims about American guns smuggled into Mexico are greatly exaggerated. Washington Post. Apr. 16, 2014.

The Second Amendment right to firearms commerce. Why the Second Amendment protects the rights of gun stores and gun manufacturers. Washington Post. Apr. 14, 2014.

Podcasts, Radio & Video

Colorado Inside Out. This time, host Dominic Dezzutti, along with Patricia Calhoun, David Kopel, Dani Newsum and Kevin Flynn visit 1964. Topics include Dr. Martin Luther King Jr.'s visit to Denver, Denver's newest police chief and the influx of government agencies relocating to Colorado. Post game: Dominic Dezzutti, Patricia Calhoun, David Kopel, Dani Newsum, Kevin Flynn take us back in history as they discuss the presidential race involving President Johnson and Arizona Senator Barry Goldwater. July 4, 2014.

Colorado Inside Out. Boulder County Clerk's office issuing same sex marriage licenses to couples despite the AG deeming them invalid. Bob Beauprez winning the Republican nomination for governor. Ken Buck besting the other hopefuls in the CD 4 race. The GOP's performance in key JeffCo state senate primaries. Post game: U.S. District Court Judge, Marcia Krieger ruling against a group of Colorado sheriffs who filed a law suit claiming that two of gun laws passed were unconstitutional. June 27, 2013.

Colorado Inside Out. Gov. Hickenlooper unwelcomed apology to a group of sheriffs who are unhappy about the way he handled gun legislation. Fundraising numbers are highlighted in the gubernatorial primary. The effect that Sen. Udall's vote on the Keystone pipeline project may have on his chances to win a second term. Also the panel pays tribute to beloved crew member battling cancer. Post game: Thoughts on the potential outcome of the republican primary in the 4th Congressional District. June 20, 2014.

Colorado Inside Out. The millions of dollars dedicated to fighting anti-fracking media ads. A recent poll released showing Gardner ahead of Udall. Governor Hickenlooper working with oil and gas companies on a fracking compromise to keep the issue off the November ballot. Arapahoe county DA dropping charges related to voter fraud. Post game: Denver vs. Dallas' bid to win the opportunity to host the 2016 Republican National Convention. June 13, 2014.

Colorado Inside Out. Recent GOP TV ads, Scott Gessler's fundraising numbers, Governor Hickenlooper's veto of SB 197, El Paso County Sheriff office disagree with DA about charges in the Tom Clements murder. Post game: Citizen United's film is denied exemption from state-election finance laws. June 6, 2014.

Colorado Inside Out. Vice President Joe Biden is in Colorado, reporter Jana Winter does not have to reveal source for notebook in Holmes case, El Paso County Sheriff Terry Maketa asked to resign, Jefferson County school board hires Superintendent with a controversial contract. Post game: Hillary Clinton in Denver in June. May 30, 2014.

Colorado Inside Out. Denver's chance of hosting the RNC, Gubernatiorial race fundraising number updates, Governor Hickenlooper meeting with oil/gas companies over fracking proposals, outside supporters donating millions to the local Senate race. Post game: Transparency in the Jefferson County School Board's decision to leave a sole finalist to fill in the superintendent position. May 23, 2014.

Latest Books, Monographs and Journal articles

The Posse Comitatus and the Office of Sheriff: Armed Citizens Summoned to the Aid of Law Enforcement. Journal of Criminal Law and Criminology (forthcoming 2014).

The First Amendment Guide to the Second Amendment. 81 Tennessee Law Review (forthcoming 2014, no. 3).

Does the Second Amendment Protect Firearms Commerce? 127 Harvard Law Review 230 (2014).

Necessary Reforms Can Keep Interpol Working in the U.S. Interest. Heritage Foundation Backgrounder #2861. With Theodore R. Bromund. Dec. 11, 2013.

New book. A Conspiracy Against Obamacare: The Volokh Conspiracy and the Affordable Care Act (Palgrave MacMillan, 2013). Co-authored.

Knives and the Second Amendment. 47 University of Michigan Journal of Law Reform 175 (2013). With Clayton Cramer and Joseph Olson.

Mexico’s Gun Control Laws: A Model for the United States? 18 Texas Review of Law & Politics 27 (2013).

Ancient Hebrew Militia Law. 90 Denver University Law Review Online 175 (2013).

Evolving Christian Attitudes Towards Personal and National Self-defense. 45 Connecticut Law Review 1709 (2013). Analyzes changes in Christian thought about the use of force, from the 19th to the 21st century. PDF.

Sex, Drugs, Alcohol, Gambling, and Guns: The Synergistic Constitutional Effects. 6 Albany Government Law Review 306 (2013). With Trevor Burrus.

Media quotes and cites

Did Hideyoshi pave way for gun control? How Hideyoshi's rule shaped owning guns in Japan. The Japan News. By The Yomiuri Shimbun. July 13, 2014.

Colorado politicians split on Hobby Lobby ruling. Why the Hobby Lobby ruling is more about politics than anytihng else. 9News.com. By Brandon Rittiman. June 30, 2014.

Campus gun ban measure won't be on Colorado's November ballot. Kopel comments on the pulling of the campus gun ban measure. Colorado Public Radio. By Jenny Brundin. June 25, 2014.

With Drake gone, what’s next? 2nd Amendment scholars open up. Kopel gives some reasons why the SCOTUS won't be hearing the Drake case. Guns.com. May 6, 2014.

Operation Choke Point Targets Porn and Firearms, Potentially Violating the Constitution. Restrictions can violate the Second Amendment even if aimed at sellers. OpenMarket.org. May 6, 2014.

Marco Rubio says Second Amendment is unique in speech to NRA. Other than the US, what other countries have an express right to arms in the constitution? Politifact.com. Apr. 25, 2014.

New York gun owners shrug off tough new rules: What happens now? The line in the sand has been drawn Governor Cuomo. The Christian Science Monitor. Apr. 16, 2014.

Campus gun ban could be headed to Colorado ballots. Kopel predicts ballot measure will fail. Associated Press (CO). By Kristen Wyatt. Jan. 2, 2014.

Hawaii Tourists Revel in Sun, Surf and Semiautomatics. Who in Japan owns firearms? New York Times. By Ashley Parker. Jan. 1, 2014.

Courts and Legislatures

Constitutional law professors in Jerusalem passport case, Zivotofsky v. Kerry, file Supreme Court amicus brief in support of petitioner.

Kopel signs letter against confirm of David Barron to First Circuit. May 13, 2014.

The documents in Cooke et al. v. Hickenlooper are available here. Fifty-five Sheriffs, the Colorado Farm Bureau, disabled citizens, hunting guides, Women for Concealed Carry, and other plaintiffs have filed suit against the Colorado bills that ban magazines, and that outlaw some temporary transfers of firearms.

Amicus brief in Supreme Court cert. petition in Bakoss v. Lloyd's. Addresses federalism, and interpretation of the Federal Arbitration Act so that it does not preempt State authority over contract law. July 2013.

Testimony on Gun Bills at the Colorado State Capitol. On March 4, Kopel testified on 5 gun bills. Video of the testimony and Q & A are as follows: Universal Background Checks. 13 minutes. Magazine bans. 19 minutes. Fee for background checks. 6 minutes. Liability for manufacturers, sellers. 14 minutes. Concealed carry permit rules. 10 minutes. Mar. 4, 2013. 

Letter to Sen. Ted Cruz. Senator Ted Cruz is the ranking member of the U.S. Senate Judiciary Committee Subcommittee on the Constitution, Civil Rights and Human Rights. Letter contains information for the hearing, “Proposals to Reduce Gun Violence: Protecting Our Communities While Respecting the Second Amendment.” PDF. Feb. 8, 2013.

US Senate Judiciary Committee testimony on gun violence. PDF. Jan. 30, 2013.

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The Volokh Conspiracy (law professor group weblog)

Jerry Kopel

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