Professor Jacob Charles "Time and Tradition in Second Amendment Law" -- Fordham Urban Law Journal
Professor Jacob D. Charles's essay "Time and Tradition in Second Amendment Law" is published in the Fordham Urban Law Journal, 51 Fordham Urb. L.J. 259 (2023). The essay examines the inconsistent treatment of time in Supreme Court Second Amendment decisions. Professor Charles presented his essay at Fordham Law School, sponsored by the Fordham Urban Law Journal, on October 13.
Excerpt from "Time and Tradition in Second Amendment Law"
This Essay has canvassed possible ways to explain, justify, or redirect doctrinal references to time. But one other answer suggests itself: perhaps the unexplained time variation is just a way for judges to toggle the time periods to reach their desired outcomes in each case. That explanation does account for some otherwise strange divergences — like the focus on modern consumer choices for weapon protection and simultaneous strict limitation to the past for assessing new regulations
"Time and Tradition in Second Amendment Law" may be found at Fordham Urban Law Journal