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Research Areas

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

Digital Economy

Environment

Health, Education & Welfare

History

International

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.

Blogging 2014-present. Archive.

Video archive

Audio archive

Briefs and legal citations

SSRN author page. Google Scholar. DU Law faculty page.


Social media

Kopel blogging for the Washington Post's "Volokh Conspiracy"

Kopel on Twitter.

Dave Kopel Channel on Youtube.

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

Kopel's Law & Liberty News. Twice-daily web newspaper collecting articles from Kopel and those whom he follows on Twitter.


Books

Author page on Amazon.

New book by Kopel coming Dec. 31, 2015: The Morality of Self-Defense and Military Action: The Judeo-Christian Tradition (Praeger Books, ABC/CLIO).

Rules for State Legislators: Jerry Kopel's Guide (2015). With Jerry Kopel.

The Truth about Gun Control (Encounter Books, 2013). Who is sovereign in the United States? Is it the people themselves, or is it an elite determined to rule citizens who are seen as incapable of making choices about their own lives? This is the central question in the American gun-control debate. Animated video featuring a section of the book. 4 minutes.

A Conspiracy Against Obamacare: The Volokh Conspiracy and the Affordable Care Act (Palgrave MacMillan). The legal scholars who fought and defeated the unconstitutional power grab.

Firearms Law & the Second Amendment; Regulation, Rights, and Policy (Aspen Publishers 2012). 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.

Supplement online chapters, free to the public: Chapter 12 – Social Science. Chapter 13 – International Law. Chapter 14 – Comparative Law.

Podcasts on the book:

  • Chapter 7. A New and Dangerous Century.
  • Chapter 6. Reconstruction and the late 19th Century.
  • Chapter 5. The Early Republic, and the Antebellum Era.
  • Chapter 4. The new Constitution and the Second Amendment.
  • 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.


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


Jerry Kopel

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


About Kopel, and contact info

Colorado Inside Out. July 17, 2015. Full episode. Lynn Bartels to work for Secretary of State. Guilty verdict for Aurora theater murderer. Colorado Board of Health wrongly denies MMJ for persons with PTSD. Eco agenda damaging Colorado State Fair. New Denver City Council unlikely to make a difference.


"Skewed Justice" panel. American Constitution Society. June 12, 2015. Kopel is skeptical of "progressive" proposals to take away the right to elect state judges.

Short articles

Why does Volokh Conspiracy rank low in searches for “cheap apartment for sale in brazil”? Washington Post. July 27, 2015.

Sons of Heller. America's 1st Freedom. August 2015. Some of the lesser-known federal court decisions which have protected Second Amendment rights.

A survey of legislation on Second Amendment issues in 2015. Washington Post. July 20, 2015. So far this year, 28 states have enacted legislation which expands protections of Second Amendment rights, and one state has enacted legislation to reduce those rights.

You may feel some pressure. America's 1st Freedom. July 2015. Why are doctors asking you if you any guns at home? What will happen if you tell them it's none of their business?

U.S. treaty obligation to defend Marshall Islands ships. Washington Post. May 1, 2015.

Guns on university campuses: The Colorado experience. Washington Post. April 20, 2015.

Waking to a Dangerous World. America's 1st Freedom. March 2015. Violence around the world is causing a change in firearm policies in many countries, and also a pro-gun shift in attitude here in the United States.

Facts about mental illness and crime. Washington Post. Feb. 20, 2015.

Argentina's free press is in grave danger. Book review of Tiempos Turbulentos. The Kirchner regime's war on the free press and civil society. Washington Post. Feb. 9, 2015.


In the Media

Controversy over officer in Chattanooga shooting: Should Pentagon change policy? Christian Science Monitor. Aug. 4, 2015.

As pundit, Kopel shows independence in praising Morgan Carroll. BigMedia.org. July 16, 2015.

3 Years After: Renewed debate expected for post-Aurora theater shooting gun reforms. Aurora Sentinel. July 16, 2015.

The evolving narrative of how Dylann Roof got a gun. WJLA. July 10, 2015.

Supreme Court sends TABOR challenge back to appeals court. Colorado Statesman. July 3, 2015.

U.S. Supreme Court set to report whether it will hear TABOR case. Colorado Statesman. June 24, 2015.

Uber bans guns in its cars. Wall Street Journal. June 22, 2015.

Gun rights advocates' push for campus-carry measures like Texas' is slow going. Los Angeles Times. June 19, 2015.

Charleston shooting prompts gun-rights supporters to call for more concealed-carry at churches. Washington Times. June 18, 2015.

Man with rifle scares at airport: How important is civility to open-carry? Christian Science Monitor. June 6, 2015.

Secrecy fails to honor or protect victims. The Tennessean. May 30, 2015.

Guns can be carried into more public places, even churches. Casa Grande Valley Newspaper. May 28, 2015.


Television, Radio, Podcasts  

Colorado Inside Out. July 17, 2015. Full episode. Lynn Bartels to work for Secretary of State. Guilty verdict for Aurora theater murderer. Colorado Board of Health wrongly denies MMJ for persons with PTSD. Eco agenda damaging Colorado State Fair. New Denver City Council unlikely to make a difference.

Colorado Inside Out. July 10, 2015. Reformist Jeffco School Board members targeted. Morgan Carroll will run against Mike Coffman. Colorado Supreme Court nixes Dougco vouchers. VA posts progress sign on delayed hospital. US Supreme Court deals fatal blow to lawsuit against Taxpayers Bill of Rights.

Colorado Inside Out. July 3, 2015. Time Machine 1940. Kopel portrays Democratic Attorney General, and US House candidate, Byron Rogers. Full episode. Denver Mayor Stapleton's construction projects. Alcohol taxes. FDR runs for 3d term. Post-game: Corruption in Denver civil service.

Colorado Inside Out. June 26, 2015. Full episode. Controversy over AG and Republican State Chair. Supreme Court rules for gay marriage. South Carolina Confederate flag. Mayor Hancock pushes agenda through lame duck City Council.

American Constitution Society. June 12, 2015. Panel on Skewed Justice: How Money in Judicial Elections is Undermining our Criminal Justice System.


Latest Monographs & Journal articles

Book review of "This Nonviolent Stuff'll Get You Killed: How Guns Made the Civil Rights Movement Possible." 35 Cato Journal 443 (2015).

Lyman Trumbull: Author of the Thirteenth Amendment, Author of the Civil Rights Act, and the First Second Amendment Lawyer. 47 Loyola University Chicago Law Journal, issue 4 (forthcoming 2016).

Reforming Mental Health Law to Protect Public Safety and Help the Severely Mentally Ill. 59 Howard Law Journal (2015, forthcoming). With Clayton Cramer.

The History of Firearms Magazines and of Magazine Prohibition. 88 Albany Law Review 849 (2015).

The Posse Comitatus and the Office of Sheriff: Armed Citizens Summoned to the Aid of Law Enforcement. 104 Journal of Criminal Law and Criminology 671 (2015).

The First Amendment Guide to the Second Amendment. 81 Tennessee Law Review 419 (2014).

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

From Razing a Village to Razing the Constitution: The Branch Davidian Stand-Off Twenty Years Later. 36 Reason Papers 72 (2014). With Paul Blackman.

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

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.

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


In Congress and Legislatures

Colorado House of Representatives. State Affairs Committee. Feb. 2, 2015. Testimony in favor of: Civil immunity for businesses that allow licensed carry; Repeal of Colorado magazine ban; Repeal of prohibition on firearm loans that are not routed through FFLs; Enactment of “shall certify” for acquisition of NFA arms. Kopel testifies as the last witness on each bill. MP4.


In the Courts

Sheriffs' reply brief in the 10th Circuit Court of Appeals. May 29, 2015. Governor Hickenlooper's arguments in favor of the magazine ban demonstrate its unconstitutionality.

Peruta v. San Diego. April 30, 2015. En banc rehearing before the 9th Circuit. Amicus brief for the International Law Enforcment Educators & Trainers Association. Explains the empirical evidence showing that licensed handgun carry strengthens public safety.

Sheriffs brief in the 10th Circuit Court of Appeals. Jan. 16, 2015. The website for the Colorado Sheriffs' federal civil rights lawsuit against the 2013 Bloomberg anti-gun bills is here.

Independence Institute, Cato Institute, Reason Foundation amicus brief in support of the SCt cert petition in Kerr v. Hickenlooper. Primary and Cato Authors: Ilya Shapiro, Julio Colomba, David B. Kopel, Manuel S. Klausner. Nov. 20, 2014.

Joel Esquenzi and Carlos Rodriguez v. United States of America. Washington Legal Foundation and the Independence Institute amicus brief in support of petitioners. United States Court of Appeals for the Eleventh Circuit. Sept. 11, 2014.

Taxpayers for Public Education v. Douglas County School District (2014). Independence Institute amicus brief to the Colorado Supreme Court in the Douglas County school vouchers case in support of the respondents.

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

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 briefs in Shew v. Malloy (2d Cir. 2014) and Fyock v. Sunnyvale (9th Cir. 2014). The history of magazines of greater than 10 rounds, and of magazine prohibition, in the United States.

National Labor Relations Board v. Noel Canning (2014). Amicus brief of the Independence Institute. Original meaning of the Recess Appointments Clause. Professor Natelson's research presented in this brief was cited several times in the four-Justice concurring opinion written by Justice Scalia. 

 

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Nothing written here is to be construed as necessarily representing the views of the Independence Institute or as an attempt to influence any election or legislative action. Please send comments to Independence Institute, 727 East 16th Avenue, Denver, Colorado 80203 Phone 303-279-6536. (email webmngr @ i2i.org)

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