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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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