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Journal ArticleDOI

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

Susan P. Liebell
- 01 Apr 2021 - 
- Vol. 53, Iss: 2, pp 207-238
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.
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...

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Posted Content

The True Woman: Scenes from the Law of Self-Defense

TL;DR: In the last few years, dozens of states have passed or proposed new Castle doctrine legislation intended to expand the right to use deadly force in self-defense as discussed by the authors. But the new Castle Doctrine statutes, conceived and advocated by the National Rifle Association, extend beyond the home to self defense more broadly.
Journal ArticleDOI

Securing white democracy: Guns and the politics of whiteness

TL;DR: The authors argue that open-carried firearms work to reinforce and reproduce white democracy, and that the force of open-carry guns in sustaining white democracy works through two linked dynamics: first, guns extend, generate, and secure the wages of whiteness; second, they protect and assert white dominion.
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United States V. _____

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.
Journal Article

Becoming a Citizen: Reconstruction Era Regulation of African American Marriages

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.
Book ChapterDOI

Originalism: The Lesser Evil


Gun Women: Firearms and Feminism in Contemporary America

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.
Journal ArticleDOI

To Kill a Thief: Punishment, Proportionality, and Criminal Subjectivity in Locke's Second Treatise

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.