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Journal ArticleDOI

Sensitive Places?: How Gender Unmasks the Myth of Originalism in District of Columbia v. Heller

01 Apr 2021-Polity (The University of Chicago PressChicago, IL)-Vol. 53, Iss: 2, pp 207-238
TL;DR: In this paper, the authors synthesize insights from political theory, feminist legal theory, critical race theory, and American legal history for the case of District of Columbia v. Heller.
Abstract: This case study of the Second Amendment precedent, District of Columbia v. Heller, synthesizes insights from political theory, feminist legal theory, critical race theory, and American legal histor...
Citations
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13 Mar 2016
TL;DR: The case of Nitokalisi Fonua (hereinafter, "Nick") as mentioned in this paper, who admitted to stealing a white GMC Blazer from a motel room at the Days Inn in Utah.
Abstract: FACTS An officer in Midvale, Utah was doing some paperwork in his patrol car when he was approached by man, later identified as Nitokalisi Fonua (hereinafter, “Nick”). Nick “looked suspicious,” mainly because he was “jittery, looking around and appeared to be very nervous.” Nick’s suspicion rating jumped dramatically when, for no apparent reason, he informed the officer he had stolen a white GMC Blazer, which he had parked nearby. Naturally, the officer asked Nick if he would show him the Blazer, and Nick said sure. When they located the Blazer, the officer walked over and looked inside. The first thing he saw was a sawed-off shotgun on the back seat. Then he noticed some markings on the shotgun, “markings that looked gang-related.” Nick told the officer that the key to the Blazer was inside his motel room at the Days Inn. Also in the room, he said, were his “cousins,” meaning “people he knows from the streets.” The officer asked Nick “if we could obtain the keys to the vehicle so we could turn those back over to the owner.” Nick said the keys “were in the room somewhere” and that he “didn’t care” if the officer went in and retrieved them. Nick also gave the officer his key to the room. When backup arrived at the motel, officers knocked on the door which was opened by a man named Vake. There were two other occupants: a woman and Kimoana, the defendant. By this time, the officers were aware that Kimoana—not Nick—had rented the room. The first thing the officers saw as the door opened was the woman pointing “an unidentified black object” at the wall. Concerned for their safety, they ordered the occupants to “show their hands.” Then they pat searched them. Finding no weapons (the “unidentified black object” was a television remote control), they holstered their guns. Although the officers already had Nick’s consent to search the room, they sought and obtained consent from Vake. During the search, they found a “long-barreled revolver” under a mattress. As the result, Kimoana was convicted of being a felon in possession of a firearm.

483 citations

Journal ArticleDOI
TL;DR: In this article, the thief, a liminal figure that haunts the boundary of political membership and the border between the law of reason and the Law of beasts, drives Locke's accounts of the foundation of the commonwealth and the right to rebellion in the Second Treatise.
Abstract: This paper argues that the thief, a liminal figure that haunts the boundary of political membership and the border between the law of reason and the law of beasts, drives Locke’s accounts of the foundation of the commonwealth and the right to rebellion in the Second Treatise. Locke’s political theory is best read through punishment as a theory of subject formation, which relies upon an unstable concept of proportionality to produce this liminal figure in order to secure the member as a “stable” political subject.

16 citations

01 Jan 2016
TL;DR: In this article, a public man private woman women in social and political thought was downloaded and infected with a virus inside their computer. But they did not report the download of the virus.
Abstract: Thank you for downloading public man private woman women in social and political thought. As you may know, people have look numerous times for their chosen books like this public man private woman women in social and political thought, but end up in harmful downloads. Rather than reading a good book with a cup of coffee in the afternoon, instead they are facing with some infectious virus inside their computer.

12 citations

Journal ArticleDOI
28 Feb 2023-Polity
TL;DR: The appointment of Justice Ketanji Brown Jackson to the Supreme Court in April 2022 was a meaningful sign of progress as mentioned in this paper , and she became the first Black woman to serve on the Court, and with her addition the Court has greater gender and racial diversity than at any time in history.
Abstract: The appointment of Justice Ketanji Brown Jackson to the Supreme Court in April 2022 was a meaningful sign of progress. After her confirmation, President Biden declared, “We’re going to look back and see this as a moment of real change in American history.” Not only is Justice Jackson the first Black woman to serve on the Court, but with her addition, the Court has greater gender and racial diversity than at any time in history. Four of the nine justices are women and a third are people of color. Although many groups have never been represented on its bench, today’s Court looks more like America than ever before. However, this descriptive representation comes at a time when the Court is scaling back the rights of women andminoritized groups. Last term, the Court declared that abortion is not a constitutionally protected right, undermined Native American sovereignty, permittedCongress to deny residents of Puerto Rico benefits available to other citizens, and limited opportunities for non-citizens to seek judicial

3 citations

Journal ArticleDOI
28 Feb 2023-Polity
TL;DR: In 2018, the United States Supreme Court overturned Roe v. Wade, the precedent that had guaranteed access to abortion as a fundamental liberty ensured by the Fourteenth Amendment for almost half a century as mentioned in this paper .
Abstract: In June 2022, the United States Supreme Court overturned Roe v.Wade, 1 the precedent that had guaranteed access to abortion as a fundamental liberty ensured by the Fourteenth Amendment for almost half a century. Most Americans don’t know much about the Supreme Court or the due process clause of the Fourteenth Amendment, but the abortion decision in Dobbs v. Jackson Women’s Health Organization triggered political protests, extensive press coverage, and a wave of voter registration. Candidates for political offices revised their campaign strategies. Millions of dollars were poured into a state-wide referendum on abortion in Kansas. In his majority decision in Dobbs, Justice Alito insisted that the Constitution speaks clearly; abortion is not a fundamental right to be defended by the Court but a policy issue to be determined by the political branches of government. Yet voters are skeptical about whether the Constitution provides such clarity. Polls have consistently shown that people (especially those who identify as Democrats) believe the justices of the Supreme Court are increasingly political, pursuing conservative goals rather than impersonally ruling on constitutionality. Political scientists have

3 citations

References
More filters
13 Mar 2016
TL;DR: The case of Nitokalisi Fonua (hereinafter, "Nick") as mentioned in this paper, who admitted to stealing a white GMC Blazer from a motel room at the Days Inn in Utah.
Abstract: FACTS An officer in Midvale, Utah was doing some paperwork in his patrol car when he was approached by man, later identified as Nitokalisi Fonua (hereinafter, “Nick”). Nick “looked suspicious,” mainly because he was “jittery, looking around and appeared to be very nervous.” Nick’s suspicion rating jumped dramatically when, for no apparent reason, he informed the officer he had stolen a white GMC Blazer, which he had parked nearby. Naturally, the officer asked Nick if he would show him the Blazer, and Nick said sure. When they located the Blazer, the officer walked over and looked inside. The first thing he saw was a sawed-off shotgun on the back seat. Then he noticed some markings on the shotgun, “markings that looked gang-related.” Nick told the officer that the key to the Blazer was inside his motel room at the Days Inn. Also in the room, he said, were his “cousins,” meaning “people he knows from the streets.” The officer asked Nick “if we could obtain the keys to the vehicle so we could turn those back over to the owner.” Nick said the keys “were in the room somewhere” and that he “didn’t care” if the officer went in and retrieved them. Nick also gave the officer his key to the room. When backup arrived at the motel, officers knocked on the door which was opened by a man named Vake. There were two other occupants: a woman and Kimoana, the defendant. By this time, the officers were aware that Kimoana—not Nick—had rented the room. The first thing the officers saw as the door opened was the woman pointing “an unidentified black object” at the wall. Concerned for their safety, they ordered the occupants to “show their hands.” Then they pat searched them. Finding no weapons (the “unidentified black object” was a television remote control), they holstered their guns. Although the officers already had Nick’s consent to search the room, they sought and obtained consent from Vake. During the search, they found a “long-barreled revolver” under a mattress. As the result, Kimoana was convicted of being a felon in possession of a firearm.

483 citations

Journal Article
TL;DR: While many Black people regarded slavery as a form of social death, some nineteenth-century white policy-makers extolled the virtues of slaves as a tool to uplift the characters of Africans in America as mentioned in this paper.
Abstract: While many Black people regarded slavery as a form of social death,' some nineteenth-century white policy-makers extolled the virtues of slavery as a tool to uplift the characters of Africans in America: \"[Slavery in America] has been the lever by which five million human beings have been elevated from the degraded and benighted condition of savage life ... to a knowledge of their responsibilities to God and their relations to society,\"2 observed a Kentucky Congressman in 1860. These sentiments were echoed by abolitionist northern officers not three years later when the institution of marriage was lauded for its civilizing effect on the newly freed men and women: \"[Marriage] is the great lever by which [the freed men and women] are to be lifted up and prepared for a state of civilization. 3

79 citations

Book ChapterDOI
01 Jan 2017

49 citations

Book
01 Jan 2000
TL;DR: Stange and Oyster as discussed by the authors argue that women are more likely to be injured by their own guns than to fend off an attack themselves, which is rooted in a fundamental assumption of female weakness and vulnerability.
Abstract: Women, we are told, should not own guns. Women, we are told, are more likely to be injured by their own guns than to fend off an attack themselves. This "fact" is rooted in a fundamental assumption of female weakness and vulnerability. Why should a woman not be every bit as capable as a man of using a firearm in self-defense? And yet the reality is that millions of American women--somewhere between 11,000,000 and 17,000,000--use guns confidently and competently every day. Women are hunting, using firearms in their work as policewomen and in the military, shooting for sport, and arming themselves for personal security in ever-increasing numbers. What motivates women to possess firearms? What is their relationship to their guns? And who exactly are these women? Crucially, can a woman be a gun-owner and a feminist too? Women's growing tendency to arm themselves has in recent years been political fodder for both the right and the left. Female gun owners are frequently painted as "trying to be like men" (the conservative perspective) or "capitulating to patriarchal ideas about power" (the liberal critique). Eschewing the polar extremes in the heated debate over gun ownership and gun control, and linking firearms and feminism in novel fashion, Mary Zeiss Stange and Carol K. Oyster here cut through the rhetoric to paint a precise and unflinching account of America's gun women.

18 citations

Journal ArticleDOI
TL;DR: In this article, the thief, a liminal figure that haunts the boundary of political membership and the border between the law of reason and the Law of beasts, drives Locke's accounts of the foundation of the commonwealth and the right to rebellion in the Second Treatise.
Abstract: This paper argues that the thief, a liminal figure that haunts the boundary of political membership and the border between the law of reason and the law of beasts, drives Locke’s accounts of the foundation of the commonwealth and the right to rebellion in the Second Treatise. Locke’s political theory is best read through punishment as a theory of subject formation, which relies upon an unstable concept of proportionality to produce this liminal figure in order to secure the member as a “stable” political subject.

16 citations