How Availability Cascades are Shaping our Politics. Quillette. Oct. 26, 2020. With Vincent Harinam.
Gun Control Puts Your Life at Risk. In the 20th century, far more people were murdered by genocidal governments than by armed criminals. Reason. Oct. 2020.
Ruth Bader Ginsburg: A Legacy Founded on Vision, Clarity, and Generosity. Professor Ginsburg's career at Rutgers Law School. Epoch Times. Sept. 23, 2020.
Magazine confiscation splits Third and Ninth Circuits: Analysis and history. Reason, Volokh Conspiracy. Sept. 8, 2020.
The Declaration of Independence will never be outmoded, as President Coolidge explained. Equality, inalienable rights, and consent of the governed can be opposed only by reactionaries. Reason, Volokh Conspiracy. July 4, 2020.
Does the Second Amendment prohibit slavery? What Lysander Spooner argued in 1845 became the law of the land in 1868. Reason/Volokh Conspiracy. June 19, 2020.
The pro-slavery origins of American gun control. Complete Colorado. June 14, 2020.
Gun control’s racist history still being written. Complete Colorado. June 9, 2020.
In the Media
Are Mexico's stringent gun control laws aiding a rise in cartel violence? Some citizens are demanding greater access to firearms for self-defense as the country's murder rate soars. Fox News. Nov. 14, 2020. Hollie McKay.
Yes, there is a study of cascading stupidity. Daily Journal (Indiana). Nov. 12, 2020. Craig Ladwig.
Palabra de Trump: Valoraría la reelección como una reivindicación de su personalidad. La Razón (Spain). Nov. 4, 2020.
Colorado’s Proposition 113 is a linchpin in national popular vote campaign but major hurdles remain: The political landscape suggests the national popular vote compact is unlikely to come to fruition and legal challenges loom large. Colorado Sun. Oct. 14, 2020. Evan Ochsner.
Riots Likely Drove 2020's Biggest Gun Sales Spike. Seasonally adjusted sales hit unprecedented levels in June, analysis shows. Washington Free Beacon. Sept. 8, 2020. Charles Fain Lehman and Stephen Gutowski.
National Popular Vote statute violates Colorado Constitution says DU law professor. Complete Colorado. Sept. 6, 2020. Scott Weiser.
Kyle Rittenhouse and his militia defense ignores that private paramilitaries are illegal, NBC Think. Sept. 5, 2020. Erik Schechter.
Alvin York & the U.S. Gun Culture that Saved Europe, GATDaily. Sept. 4, 2020. Miguel Faria.
Knife Rights: Amicus Brief Filed in Hawaii Butterfly Knife Second Amendment Case, Ammoland.com. Sept. 1, 2020. Doug Ritter.
Television, Radio, Podcasts
Colorado Inside Out. Nov. 20, 2020. Full episode. Gov. Jared Polis calls a special legislative session on CCP virus relief. New restrictions and Denver minimum wage will destroy more restaurants and bars. 15 Colorado counties at “Level Red.” Disgrace/somthing nice: Colorado Oil and Gas Comm'n mistakenly circulates internal email showing hatred of the fossible fuels industry; Mildred Taylor's wonderful book Roll of Thunder, Hear My Cry is banned by a California school district.
Colorado Inside Out. Nov. 13, 2020. Full episode. Colorado CCP virus cases surge. Colo. House leadership elections for 2021 legislative session. Denver's 2021 budget. Denver neighborhood groups criticize city's missteps on homeless encampments, and two hour waits for police response. Disgrace/something nice: Election integrity problems should be reviewed carefully, for the security of future elections. Honor our veterans for preserving American lives and liberties.
The Mandy Connell Show. How availability cascades poison our politics. KOA 850AM radio, Denver. Oct. 29, 2020. Kopel starts at 54:34.
The Craig Silverman Show. Podcast. Topics include guns, Lauren Boebert, electoral college, religion. Oct. 24, 2020. Kopel is 1:40:19 to 2:30:53.
Reforming Mental Health Law to Protect Public Safety and Help the Severely Mentally Ill. Pennsylvania Bar Institute. Continuing Legal Education. One hour. Oct. 26, 2020.
Colorado Inside Out. Oct. 23, 2020. Full episode. Dem women rush to cast their ballots against Trump. How Colorado's extreme restrictions on campaign contributions promote dark money. U.S. District Judge Dan Domenico rules that Governor's orders against churches cannot treat churches worse than other entities. Colorado wildfires are the results of decades of bad forest management. Disgrace/Something nice: Denver School Board squashes high-quality high school for poor and minorities. Hurray for county clerks and volunteer pollwatchers.
Fewer Guns, More Genocide: Europe in the 20th Century. Northwestern University Law Revew Symposium, panel 3: Theory and Conflict. Oct. 9, 2020.
The stakes in the Amy Coney Barrett nomination. Radio Free Europe/Radio Liberty. Russian language station. Sept. 26, 2020.
Guns: Culture, Control, and Trump. Devil's Advocate with Jon Caldara. July 24, 2020. Examining increases in gun ownership in 2020, and over the last seven decades. The racist history of American gun control. 36 minutes.
Constitutional Chats, from Constituting Amerca. Federalist Paper 37, The Difficulties of Convention, by James Madison. June 9, 2020. Because of the limits of human knowledge and language, and the diversity of human interests, the proposed Constitution could not be expected to be theoretically perfect. One hour video.
Latest Monographs & Journal articles
The National Popular Vote Violates the Colorado Constitution. Denver Law Review Forum (22-Sept.-2020). With Hunter Hovenga. HTML
Red Flag Laws: Proceed with Caution. 45 (Alabama) Law & Psychology Review (forthcoming 2020).
Federal Circuit Second Amendment Developments 2018. 7 Lincoln Memorial University Law Review 20 (2020). With Joseph G.S. Greenlee
The Second Amendment Rights of Young Adults. 43 Southern Illinois University Law Journal 495 (2019). With Joseph G.S. Greenlee.
The 'Sensitive Places' Doctrine: Locational Limits on the Right to Bear Arms. 13 Charleston Law Review 205 (2018).
History and Tradition in Modern Circuit Cases on the Second Amendment Rights of Young People. 43 Southern Illinois University Law Journal 119 (2018). With Joseph G.S. Greenlee.
Defining "Assault Weapons." The Regulatory Review (Univ. of Pennsylvania). Nov. 14, 2018.
Data Indicate Second Amendment Underenforcement. 68 Duke Law Journal Online 79 (2018). Problems in the Second, Fourth, and Ninth Circuits.
In the Courts and Congress
Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General of New Jersey. No. 19-3142 (3d Cir. Sept. 22, 2020). Amicus brief of law professors, Firearms Policy Coalition, Firearms Policy Foundation, Madison Society Foundation, California Gun Rights Foundatinon, and Independence Institute. In support of petition for rehearing en banc, regarding N.J. magazine confiscation statute.
Zoie H. v. State of Nebraska. No 19-1418. July 24, 2020. Cert. petition amicus brief of Professors of Second Amendment law, Firearms Policy Coalition, Firearms Policy Foundation, California Gun Rights Foundation, Madison Society Foundation, Second Amendment Foundation, and Independence Institute. Can an adult be prohibited from exercising the right to arms based on a juvenile conviction for which a jury trial was not allowed. The amicus brief discusses the history and tradition of arms rights for young adults.
Young v. Hawaii, No. 12-17808 (9th Cir. en banc 2020). Amicus brief for Professors of Second Amendment Law, Firearms Policy Coalition, Firearms Policy Foundation, Cato Institute, Madison Society Foundation, California Gun Rights Foundation, Second Amendment Foundation, and Independence Institute. Hawaii ban on licensed open carry.
Vermont v. Misch, No. 2019–266 (Apr. 24, 2020). Amicus brief of Cato Institute, Firearms Policy Coalition, Firearms Policy Foundation, and Independence Institute. Vermont magazine ban violates the text, history, tradition, and policy of the Vermont Constitution's right to arms. Statutory addendum.
In re: Interrogatory Submitted by the Colorado General Assembly. No. 2020SA000100. Brief of Independence Institute. Mar. 24, 2020.
Rupp v. Becerra. No. 19-56004. 9th Circuit. Feb. 3, 2020. Amicus brief of Firearms Policy Coalition/Foundation, Second Amendment Foundation, Madison Society Foundation, California Gun Rights Foundation, and Independence Institute. By any standard, the semiautomatic firearms banned by California are in "common use," and therefore they may not be prohibited.
Association of New Jersey Rifle and Pistol Clubs v. Attorney General or New Jersey. No. 19-3142. 3d Circuit. Feb. 3, 2020. Amicus brief of Professors of Second Amendment Law, Firearms Policy Coalition/Foundation, Madison Society Foundation, California Gun Rights Foundation, and Independence Institute. Repeating firearms predate the Second Amendment by two centuries; by the time of the Second Amendment, repeaters holding more than 10 rounds were well established. Accordingly, New Jersey's confiscation of all such magazines is unconstitutional.
Espinoza v. Montana Dept. of Revenue. No. 18-1195. U.S. Supreme Court. Sept. 18, 2019. Merits amicus brief. Many state constitutions, including Montana's, prohibit government aid to "sectarian" educational institutions. According to the original meaning, on the nineteenth century, "sectarian" did not refer to religion in general, but only to religions that were considered extreme, heretical, fanatical, or bad.