Executive Director, @DukeFirearmsLaw, writing / commenting on the Second Amendment and firearms law.
Durham, NC
Joined December 2021
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My next article, Private Governance and Originalism, is now on SSRN & will be published in the @StanLRev!
I ask how originalist approaches that look to historical reg practice should account for the important role of private groups in early Am. society
papers.ssrn.com/abstract=620…
Andrew Willinger retweeted
What role do scholars play in shaping constitutional law?
In a new essay, Professor @ericmruben and @AndrewWillinger, executive director of @DukeFirearmsLaw, examine how legal scholarship is driving the Supreme Court’s approach to the Second Amendment.
Read: bit.ly/46sMDAL
Andrew Willinger retweeted
In a recent essay, @AndrewWillinger of @DukeFirearmsLaw argues that the Supreme Court’s decision in Bondi v. VanDerStok—upholding ATF “ghost-gun” rules—shows public-safety and law-and-order politics outweigh broad deregulatory gun-rights rhetoric. buff.ly/iQZAk0H
Does originalism always work in practice when it filters down to state courts? I blogged @BrennanCenter about a recent Kansas case that confronted that issue in the gun rights-context statecourtreport.org/our-wor…
Andrew Willinger retweeted
Willinger on Missing Pieces: Gaps in the Record of Early American Decisional Law @AndrewWillinger @DukeFirearmsLaw @DukeLawJournal / lawlit.blogspot.com/2024/11/…
Excited to share that my next article "History and Tradition as Heightened Scrutiny" will be published in the Wake Forest Law Review! Look forward to working w/ the great @WFULawReview student editors. Not on SSRN yet, but I'm happy to share the draft by email.
Andrew Willinger retweeted
In "Bruen’s Enforcement Puzzle: Unearthing and Adjudicating the Historical Enforcement Record in Second Amendment Cases," @AndrewWillinger analyzes the historical enforcement of gun regulations and notes how Bruen's treatment of discriminatory taint with such regulations may be
Andrew Willinger retweeted
.@DukeFirearmsLaw Exec Dir @AndrewWillinger writes for The Regulatory Review (@TheRegReview) on the relevance and role of statutory-regulatory time gaps in administrative law cases bit.ly/3WOKdrD
Excited to share that my essay "Cargill and the Regulatory Time Gap" is now published in @TheRegReview - thank you to all who provided comments and to the editors for their excellent work! 🧵theregreview.org/2024/07/24/…
In the essay, I argue that the majority in Cargill may have been especially skeptical of ATF’s bump stock ban bc it was adopted nearly 100 yrs *after* the authorizing statute, the 1934 National Firearms Act.
Thinking about Rahimi, are there other instances where a justice wrote the maj opinion in a case articulating a new rule, test, or major change in the law (at least arguably), and then only a short time later dissented from an opinion applying that rule/test?
Andrew Willinger retweeted
Overlooked: state cts resolve more 2A claims than fed cts and are extremely burdened by SCOTUS's ambiguous recent guidance.
I highlight that burden and how Rahimi does little to resolve it (even in DV cases) @statecourtrept @BrennanCenter @SMULawSchool
statecourtreport.org/our-wor…
Andrew Willinger retweeted
TOMORROW: Join @AlexisCoe and @AndrewWillinger of @DukeFirearmsLaw on the final stop of Coe's "How Should a President Be?" tour.
They'll discuss presidents and firearms and the ways that unknown history can influence a modern president.
📆 5/14 @ 7p ET: bit.ly/4dDTnNJ
Andrew Willinger retweeted
Washington, DC, the 13th and final
event in my @NewAmerica fellowship tour will take place in May 14 with @AndrewWillinger!
RSVP 🔜 newamerica.org/new-america/e…
The recent AZ abortion decision relied on a *territorial* law, 1st enacted nearly 50 yrs before statehood. Somewhat tough to square with SCOTUS' outright dismissal of territorial laws in Bruen, causing lower cts to follow that approach in all 2A cases. wustllawreview.org/2023/09/2…
Andrew Willinger retweeted
In his Essay, “Missing Pieces: Gaps in the Record of Early American Decisional Law,” @AndrewWillinger reveals a challenge of #Bruen's historical approach: court reporting at and after the Founding era was inconsistent and even chaotic. #law
Read here: scholarship.law.duke.edu/dlj…
Andrew Willinger retweeted
Willinger on Gaps in Early Reporting of Judicial Decisions and Reconstruction of the General Law, lsolum.typepad.com/legaltheo…
I've now posted to SSRN my new essay forthcoming in @DukeLawJournal Online, where I explore how to square originalist, history-focused methods of constitutional adjudication with the inconsistent realities of early American court reporting. papers.ssrn.com/sol3/papers.…
