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Kopel's Law & Liberty News. Twice-daily web newspaper collecting articles from Kopel and his Twitter feed.

Short articles and commentary

Defund the Police. “Defund the police” is not the slogan of people who sincerely believe that black lives matter. Independent Thinking. Winter 2021.

Christmas for Everyone: Graland's Christmas Pagaent. Reason/Volokh Conspiracy. Dec. 24, 2020. A story of religious majorities and minorities thriving together.

The NRA Has Always Stood For Freedom. America's 1st Freedom. Jan. 2021. (published Dec. 24, 2020).

The Cult of Mao 1966 v. 2020. Part 3: An all encompassing religion. Epoch Times. Dec. 9, 2020. Part 3 in a series observing similarities between China’s Cultural Revolution and the United States today. The Cultural Revolution culiminated in a new religion based on worship of Chairman Mao. In West today, the "woke" admirers of Maoism have created a new religion based on violence, hatred, and totalitarianism.

Rage Mobs 1966 v. 2020. Part 2: Red Guards begin rampaging. Epoch Times. Dec. 8, 2020. Part 2 in a series observing similarities between China’s Cultural Revolution and the United States today.

Cultural Revolution 1966 v. 2020 Part 1: The start of the Cultural Revolution in China. Epoch Times. Dec. 6, 2020. Part 1 in a series observing similarities between China’s Cultural Revolution and the United States today.

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.

Podcasts, Radio & Video

Colorado Inside Out. Jan. 8, 2021. Full episode. Trump should be impeached; Boebert and Lamborn's votes agaisnt certifying electors continue the poisonous 2017 and 2005 traditions of Pelosi, Clyburn, and Hoyer. Peaceful pro-Trump protestors at the Colorado Capitol have been conned by Trump. Colorado's mediocre vaccine rollout is better than many other states. Disgrace/Something nice: D.C. Mayor Muriel Bowser foolishly rejected federal law enforcement assistance the day before the riot. Celebrating the 90th birthday of Dave's mother, Dolores Kopel.

Colorado Inside Out. Jan. 1, 2021. Full episode. We can't protect ourselves from future viruses without acknowledging the Chinese Communist Party engages in biological warfare against the West. Longterm result of the pandemic and riots will be very bad for downtown offices and restaurants. New leave program will result in unlimited payroll tax increases. More failure ahead for Denver government's efforts on homelessness. Predictions. Xi Jinping's power grew because of Trump's incompetence and will grow more due to Biden's appeasement. Joey Bunch will enjoy his favorite meal: Lucky Charms and bourbon.

Colorado Inside Out. Dec. 25, 2020. Full episode. Year in review. The Chinese Communist Party deliberately spread the global pandemic; PPE shortage was caused by the feckless incompetence of Trump, Obama, and Congress. "Defund the police" is a sham promoted by Marxists who want to create a police state run by their mobs. Imitating lying loser Hillary Clinton, Donald Trump makes bogus claims about a stolen election, but can't offer evidence in court. Denver International Airport's problems manifest the Denver city government's long-standing incompetence at airport management. Disgrace/something nice: Although Mao Zedong is long dead, Maoist genocide continues in the Chinese Empire, and Maoist thought control infests the United States. Firefighters are the brave and the bold.

Colorado Inside Out. Dec. 18, 2020. Full episode. Colo. Legislative Audit Committee examines voting integrity. UC Health workers form a union. Record number of students and families opt out of government schools that don't provide in-person learning. Lawsuit against Denver's removal of illegal homeless camps is legally weak. arning and COVID-19’s impact on Colorado school districts and the lawsuit against the city of Denver from those experiencing homelessness. Disgrace/Something Nice: Cancellation of winter and spring high school sports. Independence Institute's School Choice of Kids website now includes many resources for enrichment activites, for all ages and all education settings.

The Mandy Connell Show. How availability cascades poison our politics. KOA 850AM radio, Denver. Oct. 29, 2020. Kopel starts at 54:34.

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.

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.

Fewer Guns, More Genocide: Europe in the 20th Century. Northwestern University Law Revew Symposium, panel 3: Theory and Conflict. Oct. 9, 2020.

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.

Duke Center for Firearms Law. A Conversation with Dave Kopel. Apr. 28, 2020. Guns in the pandemic.

Latest Books, Monographs and Journal articles

Fewer Guns, More Genocide: Europe in the Twentieth Century. 116 Northewestern Univ. Law Review (forthcoming 2021).

The National Popular Vote Violates the Colorado Constitution. Denver Law Review Forum (22-Sept.-2020). With Hunter Hovenga. HTML.

Online chapters for the textbook Firearms Law and the Second Amendment: Regulation, Rights, and Policy (Wolters Kluwer, 2d ed. 2017). With Nicholas J. Johnson, George Mocsary and Gregory Wallace. Chapter 13: International Law; covers United Nations, regional treaties, classical founders of international law, right to resist genocide, globalization of gun rights and gun bans. Chapter 14: Comparative Law: self-defense and defense against tyranny in national constitutions, comparative statistical studies, case studies of various nations, long-term homicide risks in Europe are much higher thanin the US because of insufficient arms to resist mass murder by government, case study of resistance to the Armenian genocide; 100 page case study of mass murder and gun bans in China and Tibet under Mao. Chapter 16: Antecedents of the Second Amendment; covers ancient China, Greece, Rome, the Judeo-Christian tradition, and European political philosophy.

Red Flag Laws: Proceed with Caution. 45 (Alabama) Law & Psycology Review (forthcoming 2020).

Media quotes and cites

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.

Courts and Legislatures

Caniglia v. Strom. No. 20-157. Merits amicus brief of Firearms Policy Coalition, Firearms Policy Foundation, and Independence Institute (Jan. 15, 2021). A judicially-created "community caretaking exception" to the Fourth Amendment allows warrantless searches of automobiles without probable cause. Can the exception be extended to the home? The amicus brief urges not, based on the historical sanctity of the home in Anglo-American law, plus analysis of the text of the Amendments I through V.

Folajtar v. Rosen. No 20-812. Cert. petition amicus brief of Cato Institute, Reason Foundation, Individual Rights Foundation, qne Independence Institute. (Jan. 14, 2021). Lisa Folajtar pled guilty to cheating on her taxes in 2011, and served three years probation. She has been law-abiding ever since, and has never been dangerous. She should not lose the right to arms for the rest of her life.

Holloway v. Rosen. No. 20-782. Cert. petition amicus brief of Cato Institute, Reason Foundation, Individual Rights Foundation, Independence Institute, and Mountain States Legal Foundation Center to Keep and Bear Arms (Jan. 7, 2021). The Second Amendment allows dangerous people to be disarmed, but not disarmament of a person who is said to lack "virtue."

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.

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.

Rupp v. Becerra. No. 19-56004. 9th Circuit. Feb. 3, 2020. Amicus brief of Firearms Policy Coalition/Foundation, Second Amendment Foundatoin, 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.

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Jerry Kopel