Kasler v. Lockyer, 23 Cal.4th 472, 510, 97 Cal.Rptr.2d 334, 360 (Cal. 2000). Concurring opinion by Justice Janice Rogers Brown.
Kasler v. Lungren, 72 Cal.Rptr.2d 260, 265 (Cal. App. 1998). Majority opinion by Associate Justice Morrison.
Students for Concealed Carry on Campus v. Regents of University of Colorado, 2010 WL 1492308, *7 (Colo. App. 2010) (Judge Hawthorne).
Gamble v. United States, 30 A.3d 161, 161 *n7 (D.C. App., Oct. 27, 2011) (Associate Judge Fisher).
State v. Mendoza, 82 Hawai'i 143, 146 n.4, 920 P.2d 357, 360 n.4 (Haw. 1996). Majority opinion by Justice Klein.
Oregon v. Christian, --P.3d--, 249 Or.App. 1 (Or. Ct. App., 2012) (Edmonds, J., dissenting).
Oregon v. Hirsch, 338 Or. 622, 657, 114 P.3d 1104, 1123 (Ore. 2005). Section III.B.3.c. Unanimous opinion by Justice Durham.
Mosby v. Devine, 851 A.2d 1031, 1040 (R.I. 2004). Majority opinion by Chief Justice Williams.
State v. Schelin,147 Wash.2d 562, 588, 5 P.3d 632, 645 (Wash. 2002). Justice Sanders, dissenting.
Wisconsin v. Fischer, 714 N.W.2d 495 , 511 n. 6 (Wisc., May 17, 2006). Dissenting opinion of Justice N. Patrick Crooks.
State v. Hamdan, 264 Wis.2d 433, 467 n. 23, 665 N.W.2d 785, 802 n. 23 (Wisc. 2003). Majority opinion by Justice David T. Prosser.
Pagel v. Franscell, 57 P.3d 1226, 1234, 1 Media L. Rep. 1923 (2002). Supreme Court of Wyoming. Justice Golden, specially concurring.
McDonald v. Chicago, 130 S. Ct. 3020 (2010). Kopel's amicus brief is cited in Justice Alito's majority opinion and in Justice Stevens' dissenting opinion.
District of Columbia v. Heller. 554 U.S. 570 (2008). Kopel's brief for the International Law Enforcement Educators and Trainers Association (ILEETA) and other law enforcement organizations is cited four times in Justice Breyer's dissent, examining the pro/con social science on gun ownership.
Heller v. District of Columbia (Heller II), --- F.3d ----, 2011 WL 4551558 (D.C. Cir., Oct. 04, 2011) (Kavanaugh, J., dissenting) (cite to Johnson, Kopel, Mocsary, O'Shea, Firearms Law and the Second Amendment textbook).
Moore v. Madigan (Dec. 11, 2012). Majority opinion of Judge Posner, and dissenting opinion of Judge Williams.
Ezell v. City of Chicago, 651 F.3d 684, 702 n. 11 (7th Cir. 2011) (Judge Sykes) (commending Kopel article as showing the proper model of "originalist interpretive method as applied to the Second Amendment.").
United States v. Skoien, 587 F.3d 803, 806 n.2 (7th Cir. 2009) (opinion by Judge Sykes).
Silveira v. Lockyer, 328 F.3d 567, 585 n. 92 (9th Cir. 2003). Opinion by Judge Kleinfeld, joined by Judges Kozinski, O'Scannlain, and T.G. Nelson, dissenting from denial of petition for rehearing en banc.
United States v. McCane, 573 F.3d 1037, 1049 n.2 (10th Cir. 2009) (concurring opinion by Judge Tymkovich).
United States v. McElhiney, 275 F.3d 928, 935 n.2 (10th Cir. 2001). Opinion by Judge Henry, joined by Judges Kelly and Holloway.
Lorenda Moody v. The ARC of Howard County, Inc., 2011 WL 2671385 (D.Md.), 94 Empl. Prac. Dec. P 44,221, *5 n. 6 (July 7, 2011) (Judge Bredar).
United States v. Vargas, 885 F.Supp. 504, 505 n. 1 (S.D.N.Y. 1995), Vincent Broderick, District Judge. An Appendix to the opinion reprints Judge Broderick's article "Flexible Sentencing and the Violent Crime Control Act of 1994" from Federal Sentencing Reporter, Vol. 7, No. 3, November/December 1994 at pages 128-131. Kopel is cited at note 1.
Justice William Pryor previously served as Attorney General for the State of Alabama. As Attorney General, he contributed the following jacket quote for Kopel's book Antitrust after Microsoft: "Against the backdrop of the Microsoft case and the volatile marketplace in the information-technology age, David Kopel brilliantly and concisely makes the case for putting consumers first by burying antitrust doctrines of monopoly power, tying arrangements, and predatory pricing.
Reason, December 1999
David Kopel's article aptly demonstrates his keen analytical abilities and thorough research. Based upon the reasoning used in Rice v. Paladin, a survivor of guerrilla warfare could sue Leon Uris for writing Trinity or Exodus because they extol the excitement and effectiveness of guerilla tactics against an established government with consequent loss of innocent lives. If one could obtain jurisdiction on the authors or editors of the Bible, I can only hazard a guess as to how many miscreants would attempt to justify their criminal behavior through their fractured readings of the Good Book.
The missing ingredient from these ridiculous decisions is the independent intervening cause that breaks the chain of circumstances leading from a book to action: the mind and judgment of the reader. The wisdom of the ages insists that responsibility for that judgment or lack thereof rests with the reader. Aside from the other dangers of censorship and thought control about which Kopel writes so well, the very essence of a civilized society, based upon the requirement that individuals are responsible for their own acts, is being desiccated by this sort of mindless pandering.
John L. Kane Jr.
U.S. District Court
Jacket text for Kopel's book Guns: Who Should Have Them? "Whether you're an advocate or an opponent of gun control, this engaging, thoroughly-research book presents innovative solutions to one of America's pressing social problems." Richard Neeley, retired Chief Justice, Supreme Court of West Virginia.
Kopel has been cited in 690 law review articles, and in 305 different law journals. He has been cited by the main law journal at all of the 50 top law schools. (Based on U.S. News & World Report ranking; citations counted on 8/18/2012).
Below is a list of law reviews where Kopel has have been cited. It includes all journals in Westlaw’s JLR-PRO database. This includes some faculty-edited law journals (such as the Journal on Law and Economics), and also several practitioners journals which produce footnoted, scholarly articles, but which are not published by law schools. In the list below, most journals are cited in the simplest format (e.g., “Kentucky” rather than “University of Kentucky Law Review.”)
Administrative Law Review, Akron, Alabama, Albany L.J. of Science & Technology, American, American Bankruptcy L.J., American Criminal L. Rev., American J. of Criminal L. (from Univ. of Texas), American J. of Gender, Social Policy & the Law, American J. of Law & Medicine, American J. of Legal History, American U. Intl. L. Rev., Annual Survey of American Law, Annals of Health Law, Annual Survey of Int'l & Comp. L., Army Lawyer, Arizona, Arizona J. of International and Comparative L., Arizona State, Army Lawyer.
Baltimore, Barry, Boston College, Boston College Environmental Affairs, Boston College International and Comparative Law Review, Boston College Third World Law, Boston Univ., Boston Univ. Public Interest Law Journal, Brooklyn, Brooklyn Journal of International Law, Buffalo, Buffalo Human Rights, BYU, BYU Education. & L.J., BYU J. Public Law.
California (Berkeley), Campbell, Capital, Cardozo, Cardozo Arts and Entertainment, Cardozo J. of Conflict Resolution, Cardozo J. of L. & Gender, Case Western, Case Western Reserve Journal of International Law, Catholic, Cato Supreme Court Rev., Champion (National Association of Criminal Defense Lawyers), Chapman, Chicago, Chicago-Kent, Chicago-Kent Journal of International and Comparative Law, Cincinnati, Cleveland State, Colorado, Colorado Lawyer (Colorado Bar Association), Columbia, Columbia J. Envtl. L., Columbia J. of Gender & Law, Columbia J. of Transnational L., Connecticut, Constitutional Commentary (faculty-edited, from Univ. of Minn.), Cornell, Cornell J.L. & Pub. Pol'y, Creighton, Creighton Int'l & Comp. L.J., Cumberland.
Davis (Univ. of Cal.), Davis J. International L. & Pol., Dayton, Defense Counsel Journal, Denver, Denver J. of Intl. Law & Pol., DePaul Law Review, DePaul-LCA Journal of Art and Entertainment L., Detroit-Mercy, District of Columbia Law Review, Drexel, Duke, Duke Journal of Constitutional Law & Public Policy Sidebar, Duquesne.
Ecology L.Q., Education L. Rep., Emory, Environmental & Energy Law & Policy, Environmental Law.
Federal Lawyer, Florida, Florida A&M, Florida Coastal L. Rev., Florida J. of Law & Public Policy, Florida State, Fordham, Fordham Intellectual Property Media & Entertainment L.J., Fordham International L.J., Fordham Urban LJ.
George Mason, George Mason U. Civil Rights L.J., George Washington, Georgetown, Georgetown Journal of Legal Ethics, Georgia, Georgia J. of Intl. & Comp. L., Golden Gate U. Envtl. L.J., Gonzaga.
Hamline, Hamline J. of Law & Pub. Pol.; Harvard, Harvard BlackLetter L.J., Harvard J. of Law & Gender, Harvard Law & Policy Rev., Harvard J. of Law & Public Pol., Harvard J. on Legislation, Hastings, Hastings Business L.J., Hastings Constitutional L.Q., Hawaii, Health Matrix: Journal of Law-Medicine, Houston, Houston J. of Health L. & Policy, Howard.
Idaho, Illinois, Illinois Bar J., ILSA Journal of International and Comparative Law, Indiana, Indiana Health L. Rev., Indiana J. of Global Legal Studies, International Rev. of Law and Economics, Iowa, IUS Gentium.
John Marshall Journal of Computer & Information Law. Journal of Affordable Housing & Community Development L., Journal of Air Law & Commerce, Journal of Animal Law (Michigan State), Journal of Criminal Law and Criminology (from Northwestern), Journal of Food L. & Policy (Arkansas), Journal of Gender, Race & Justice (Iowa), Journal of High Technology Law, Journal of the Institute of Justice and International Studies, Journal of Law & Economics (faculty-edited, from U. of Chicago), Journal of Law, Economics & Policy, Journal of Law and Education, Journal of Law & Policy, Journal of Law & Religion, Journal of Legal Education, Journal of the Legal Profession, Journal Legal Med., Journal of Legal Studies, Journal of Maritime Law and Commerce, Journal of Technology Law & Policy.
Kansas, Kansas J. of Law & Public Policy, Kentucky.
Law & Contemporary Problems, Law & Ethics of Human Rights, Law & History, Law & Society, Law Library J., Lewis & Clark, Lincoln, Loyola, Loyola Consumer L.Rev., Loyola of Los Angeles, Loyola Univ. of Chicago., Loyola University Chicago International Law Review.
Maine, Marquette, Marquette Sports Law, Maryland, Maryland L.J. Race, Religion, Gender & Class, McGeorge, Medicine & Law, Memphis, Mercer, Miami, Miami International & Comparative, Michigan, Michigan J. Gender & L., Michigan J. of Law Reform, Michigan State, Midwest, Military L. Rev., Minnesota, Mississippi, Missouri, Montana.
New England J. on Civil & Criminal Confinement, New England L. Rev., New Mexico, Nevada, New York International L. Rev., New York Law Sch. J. of Human Rights, New York L.S., New York L.S. J. of Intl. & Comp. L., Nexus, North Carolina, North Carolina Central, Northern Kentucky, NYU, NYU J. of L. & Liberty, NYU Journal of Legislation and Public Policy, Northern Illinois, Northwestern, Northwestern J. of Law & Social Policy, Notre Dame, Nova.
Ohio State, Oklahoma City Univ., Oklahoma, Oregon.
Pace, Penn State, Pennsylvania, Pennsylvania J. of Constitutional Law, Penn State; Pepperdine, Phoenix, Preview of U.S. Sup. Ct. Cases, Public Law, Puget Sound.
Review of Litigation, Richmond, Roger Williams, Rutgers L.J., Rutgers J. of L. & Public Policy, Rutgers L. Rev., Rutgers Race & the Law Rev.
San Diego, San Francisco, Seattle, Santa Clara, Seattle, Seattle J. for Social Justice, Seton Hall, Seton Hall Constitutional L.J., Seton Hall J. Sports & Entertainment L., Seton Hall Legislative J., South Carolina, South Dakota, South Texas, Southern California, Southern Cal. Interdisciplinary L.J.; Southern Illinois, Southern U. L.R., Southwestern, St. John’s, St. John’s Journal of Legal Commentary, St. Louis U. Public Law Review, St. Mary's, St. Thomas, Stanford, Stanford J. Int'l L., Stanford L & Policy; Stanford Technology, Suffolk, Syracuse.
Temple, Tennessee, Texas, Texas J. on Civil Liberties & Civil Rights, Texas Rev. of Law & Politics, Texas Tech, Texas Wesleyan, The Crit, Theoretical Inquiries, Thomas M. Cooley, Thomas M. Cooley J. of Practical and Clinical L., Thomas Jefferson, Toledo, Toronto, Touro International L.Rev., Tulane, Tulsa.
UCLA, UCLA J. of International Law & Foreign Affairs, UCLA Entertainment L. Rev., UMKC, Utah.
Valparaiso, Vanderbilt, Vanderbilt J. of Transnational L., Vermont, Villanova, Virginia, Virginia J. of Social Policy & the Law, Virginia Tax Rev.
Wake Forest, Washington U., Washington U. J. of Law & Policy, Washington & Lee, Washington and Lee Journal of Civil Rights and Social Justice, West Virginia, Western New England L.Rev., Whittier, Widener, William & Mary, William & Mary Bill of Rights J., William Mitchell L.Rev., Wisconsin, Women's Rights Law Reporter
Yale, Yale J. of International Law, Yale J. of Law & the Humanities, Yale Law & Policy.
American Behavioral Scientist, The American Review of Public Administration, The ANNALS of the American Academy of Political and Social Science, Communications and the Law, Forum for Applied Research and Public Policy, The Future of Children, Human Security Journal/Revue de Sécurité Humaine, Journal of Public Health Policy, Journal of Peace Research, Medical Sentinel, Men and Masculinities, Public Administration Review, Social Theory and Practice, Sociological Review, Theological Studies.
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.
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.
McDonald v. Chicago. Amicus brief for a large collection of law enforcement organizations. Cited by Justice Alito's plurality opinion (footnote 2), and by Justice Stevens' dissent (twice).
Independence Institute amicus brief in the Supreme Court case of Wisconsin Right to Life v. Federal Election Commission. Supreme Court opinion.
Unanimous Supreme Court rules: No "firearms exception" to the Fourth Amendment. Read the amicus brief filed by the Independence Institute and the National Rifle Association, in one of the strongest Fourth Amendment victories before the Supreme Court in years! The html version of the brief also contains links to the full text of the Supreme Court decision, and to Legal Times articles about the case which quotes Kopel.
Amicus brief for the States of Colorado, Idaho, Kansas, Montana, Nebraska, South Dakota, Virginia, and Wyoming, in Printz v. United States (U.S. 1997).
Independence Institute amicus brief in Florida v. HHS (11th Circuit). Explains the original meaning of the Necessary and Proper Clause, and why the individual mandate is neither "necessary" nor "proper."
Kopel joins amicus brief to the Fourth Circuit Court of Appeals, in Virginia v. Sebelius, one of the state lawsuits against Obamacare. Lead attorney is Ilya Somin, of George Mason Law School. Filed April 4, 2011, on behalf of the Washington Legal Foundation, and 14 law professors.
Amicus brief in the
Chicago handgun ban cases. Filed in the 7th Circuit Court of Appeals,
Feb. 5, 2009.
In the case of Newsom v. Albermarle, a middle school threatened to punish a student for wearing an NRA shooting sports camp t-shirt. Independence Institute amicus brief for the Fourth Circuit Court of appeals argues that shooting sports are wholesome and promote good character, and that speech promoting shooting sports cannot rationally be censored in a public school. The Fourth Circuit ruled in favor of the student. Newsom Wins One. A First and Second victory. National Review Online. Jan. 8, 2004. Fourth Circuit rules that school cannot prohibit student from wearing NRA Shooting Sports Camp t-shirt. 354 F.3d 249, 184 Ed. Law Rep. 24, 4th Cir. (Va.), Dec 01, 2003.
Independence Institute amicus brief in United States v. Emerson. 270 F.3d 203, 5th Cir.(Tex.), Oct 16, 2001.
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.
Kopel's amicus brief in Peruta v. San Diego. (Southern District, Calif.). Challenging sheriff's policy of denying concealed carry permits to almost everyone.
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 (Colo. Sup. Ct.).
Amicus brief in People v. Aguilar, 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.
Colorado Attorney General reply brief in Robertsonv. Denver.