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68 Duke L.J. Online 1 (2018-2019)

handle is hein.journals/duljo68 and id is 1 raw text is: Duke Law Journal Online VOLUME 68 SEPTEMBER 2018 YOU CAN LEAD A HORSE TO WATER: HELLER AND THE FUTURE OF SECOND AMENDMENT SCHOLARSHIP ERIC RUBEN & JOSEPH BLOCHERt When the Supreme Court decided District of Columbia v. Heller,1 it not only inaugurated a new era of constitutional doctrine, but also helped create a burgeoning new field of legal scholarship. Ten years after Heller, and despite a relative lack of further guidance from the Justices, the doctrinal revolution has started to stabilize into a doctrinal framework. In From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms after Heller,'2 we report the results of a comprehensive case-coding project involving more than 1,000 Second Amendment challenges. The data show the contours of the evolving doctrine, illustrating areas of substantive and methodological settlement, uncertainty, and divergence. The scholarly revolution, meanwhile, is still very much underway. Observers have noted that legal scholarship played a prominent role in Heller's recognition of the individual right to keep and bear arms.' Now, on the tenth anniversary of the decision, the Duke Law Journal has assembled a rich, diverse, and thoughtful set of perspectives about the Second Amendment, constitutional interpretation, politics, and the t Adjunct Professor of Law, New York University School of Law, and Fellow, Brennan Center for Justice at New York University School of Law; Lanty L. Smith '67 Professor of Law Duke Law School. 1. 554 UJ.S. 570 (2008). 2. Eric Ruben& Joseph Blocher, From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms after Heller, 67 DUKE L.J. 1433 (2018). 3. ADAM WINKLER, GUNFIGHT: THE BATTLE OVER THE RIGHT TO BEAR ARMS IN AMERICA 95 96 (2011) (dcscribing scholarship in the dccades leading up to Heller); see also JOSEPH BLOCHER & DARRELL A.H. MILLER, THE POSITIVE SECOND AMENDMENT: RIGHTS, REGULATION, AND THE FUTURE OF HELLER 63 (2018) (same).

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