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The Dave Kopel Daily. Web newspaper collecting articles from Kopel and those whom he follows on Twitter.

Latest short articles and commentary

Bonidy v. United States: The Second Amendment at the post office. Analysis of challenge to gun ban in post offices and parking lots. Washington Post. Oct. 2, 2014.

New Anti-Gun Strategies. “Assault weapon” bans have proved very unpopular — but the anti-gun lobbies aren’t giving up entirely. National Review. Sept. 16, 2014.

Libertarian criticism of police militarization. David Kopel's arguments and research against the militarization of law enforcement. Washington Post. Aug. 14, 2014.

The dangerous and controversial speakers of 1900 at the University of Michigan Law School. Guest speakers at the University of Michigan in 1900 incited controversies--and a riot. Washington Post. Aug. 13, 2014.

Pro-gun Milwaukee Sheriff defeats challenge from Bloomberg. Bloomberg spending fails to unseat pro-gun Milwaukee Sheriff. Washington Post. Aug. 13, 2014.

The Scam Artist. Former New York City Mayor Michael Bloomberg’s newest gun-prohibition group, Everytown for Gun Safety, has gotten off to a rough start. America's 1st Freedom. July 2014.

Former Nixon speechwriter: Why the president had to resign, or be impeached. John K. Andrews's explanation for why the lawless president he once served had to be removed from office. July 7, 2014.

Gore Vidal: The United States of Amnesia. Movie review. "Gore Vidal: United States of Amnesia" is a fine film for everyone who is interested in American intellectual history. Washington Post. June 17, 2014.

The missing 18 1/2 minutes: Presidential destruction of incriminating evidence. How Richard Nixon got away with destroying 18 1/2 minutes of taped evidence against him. Washington Post. June 16, 2014.

Emmy nomination: 1973 time machine episode of Colorado Inside Out. "Time machine" episode of Colorado Public TV roundtable program goes back to 1973. Washington Post. June 1, 2014.

Podcasts, Radio & Video

Colorado Inside Out. The judge in the Aurora Theater shooting case allowing it to be filmed. Controversy over pay raises and curriculum in Jeffco schools. A Colorado Supreme Court case involving a paraplegic medical marijuana patient who was fired from Dish Network for drug use. Post game: Contentious comments made by Representative Doug Lamborn about President Obama and his foreign policy. Oct. 3, 2014.

Libertarianism.org Episode 49. The right to keep and bear arms. Interview by Aaron Powell and Trevor Burrus. Soundcloud.com. 57 minutes. Sept. 26, 2014.

Colorado Inside Out. The latest campaign ads pushing for the safe consumption of marijuana-edibles. Polls come out showing conflicting data for U.S. Senate and Gubernatorial races. The parents of a woman killed in the Aurora Theater shootings file a law suit against the ammunition companies who sold products to the suspect in the case. Post game: The teacher-driven "walk-out" leading two Jefferson County high schools to cancel classes after instructors failed to show up over anger for new pay raise policies. Sept. 19, 2014.

Nat Hentoff interview. Kopel speaks with legendary music critic, journalist, syndicated columnist, and civil libertarian Nat Hentoff. They discuss the current state of civil liberties in America and Nat explains why Obama has been the worst president of all-time when it comes to our individual freedoms. YouTube.com. 55 minutes. Sept. 17, 2014.

Do American Police Departments Need Military Weapons from the Pentagon? Cato Institute panel event. Sept. 12, 2014.

Colorado Inside Out. Atty. General running for mayor of CO Springs. Cory Gardner and Mark Udall campaign ads attacking each other. Protestors threatening to pull the Latino vote from Hickenlooper if Dems don't further implement the new licensing program for illegal immigrants. Post game: Denver's hiring of a former FBI agent to guide the sheriff department's reform. Sept. 5, 2014.

Colorado Inside Out.  Republicans launching a new fundraising and informative website aimed at regaining the Senate. Gov. Hickenlooper making new comments about the Nathan Dunlap death penalty case in an upcoming CNN documentary. Bob Beauprez upsetting some for comments he made about immigration. The City of Aurora awarding retail pot licenses to 21 businesses. Post game: The abundance of pro and anti-fracking ads on TV, despite their absence from the 2014 November ballot. Aug. 29, 2014.

Latest Books, Monographs and Journal articles

The History of Firearms Magazines and of Magazine Prohibition. 88 Albany Law Review (forthcoming 2015).

The Posse Comitatus and the Office of Sheriff: Armed Citizens Summoned to the Aid of Law Enforcement. Journal of Criminal Law and Criminology (forthcoming 2014).

The First Amendment Guide to the Second Amendment. 81 Tennessee Law Review 419 (2014).

Does the Second Amendment Protect Firearms Commerce? 127 Harvard Law Review 230 (2014).

From Razing a Village to Razing the Constitution: The Branch Davidian Stand-Off Twenty Years Later. 36 Reason Papers 72 (2014). With Paul Blackman.

Necessary Reforms Can Keep Interpol Working in the U.S. Interest. Heritage Foundation Backgrounder #2861. With Theodore R. Bromund. Dec. 11, 2013.

New book. A Conspiracy Against Obamacare: The Volokh Conspiracy and the Affordable Care Act (Palgrave MacMillan, 2013). Co-authored.

Knives and the Second Amendment. 47 University of Michigan Journal of Law Reform 175 (2013). With Clayton Cramer and Joseph Olson.

Mexico’s Gun Control Laws: A Model for the United States? 18 Texas Review of Law & Politics 27 (2013).

Media quotes and cites

Missouri Republicans push for gun bill victory. President Obama's role in motivating gun activism. SFGate.com. Sept. 9, 2014.

U.S. gun control group takes aim at 'bad apple' dealers. Trusting the Brady Center to only "bad apples." Reuters.com. By Daniel Wiessner. Sept. 5, 2014.

Gun-rights group persuading dozens of towns to repeal firearms regs in legal blitz. Why fighting gun controls in court might not always be a smart move for small towns. FoxNews.com. By Barnini Chakraborty. Aug. 22, 2014.

Libertarians Who Oppose a Militarized Police Should Support Gun Control—But They Don't, of Course. Is there tension in libertarians opposing police militarization AND gun control? New Republic. By Alec MacGillis. Aug. 21, 2014.

Armed, Out and About: Evolving Public-Carry Laws Expand Gun Rights. Concealed carry is just a fact of American life. NBC News. By Kristen Hwang and Kate Murphy. Aug. 19, 2014.

Gun group's church violence stats can't be verified. Why anecdotal evidence has value. Politifact.com. By April Hunt. Aug. 1, 2014.

Judge's Ruling Upends D.C. Gun Ban. Kopel and Gura elated at the court's decision. The Washington Informer. By Barrington M. Salmon. July 29, 2014.

New York court sets aside “gravity knife” prosecution. Kopel's work cited. The Washington Post. By Eugene Volokh. July 25, 2014.

Did Hideyoshi pave way for gun control? How Hideyoshi's rule shaped owning guns in Japan. The Japan News. By The Yomiuri Shimbun. July 13, 2014.

Courts and Legislatures

Joel Esquenzi and Carlos Rodriguez v. United States of America. Washington Legal Foundation and the Independence Institute amicus brief in support of petitioners. United States Court of Appeals for the Eleventh Circuit. Sept. 11, 2014.

Taxpayers for Public Education v. Douglas County School District (2014). Independence Institute amicus brief to the Colorado Supreme Court in the Douglas County school vouchers case in support of the respondents.

Constitutional law professors in Jerusalem passport case, Zivotofsky v. Kerry, file Supreme Court amicus brief in support of petitioner.

Kopel signs letter against confirm of David Barron to First Circuit. May 13, 2014.

The documents in Cooke et al. v. Hickenlooper are available here. Fifty-five Sheriffs, the Colorado Farm Bureau, disabled citizens, hunting guides, Women for Concealed Carry, and other plaintiffs have filed suit against the Colorado bills that ban magazines, and that outlaw some temporary transfers of firearms.

Amicus brief in Supreme Court cert. petition in Bakoss v. Lloyd's. Addresses federalism, and interpretation of the Federal Arbitration Act so that it does not preempt State authority over contract law. July 2013.

Testimony on Gun Bills at the Colorado State Capitol. On March 4, Kopel testified on 5 gun bills. Video of the testimony and Q & A are as follows: Universal Background Checks. 13 minutes. Magazine bans. 19 minutes. Fee for background checks. 6 minutes. Liability for manufacturers, sellers. 14 minutes. Concealed carry permit rules. 10 minutes. Mar. 4, 2013. 

Letter to Sen. Ted Cruz. Senator Ted Cruz is the ranking member of the U.S. Senate Judiciary Committee Subcommittee on the Constitution, Civil Rights and Human Rights. Letter contains information for the hearing, “Proposals to Reduce Gun Violence: Protecting Our Communities While Respecting the Second Amendment.” PDF. Feb. 8, 2013.

US Senate Judiciary Committee testimony on gun violence. PDF. Jan. 30, 2013.

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Archive of Kopel's blogging

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