Independence Institute, http://i2i.org

Dave Kopel's Home Page

 

Latest short articles and commentary

Rights During War. In 1864, the U.S. Army court-martialed an Indiana civilian and sentenced him to death. What does this case teach us about the Second Amendment and the limits of presidential powers?

 

God's Carpenter. Minorities targeted for ethnic cleansing. Leaders of persecuted religious sects. Escaped slaves. Outlawed guns. Every age has something to hide, and also brave individuals who risk everything to hide it. Nicholas Owen was one of those brave men.

 

Lions vs. Tigers. The precarious state of Sri Lanka.

 

The Return of a Legislative Legend. Debating "cop-killer" ammunition.

 

Appearances
Colorado Inside-Out. Fridays at 8 pm., Sundays at 11 am. KBDI channel 12, Denver.

 

Latest Media Analysis articles

It's not what's on TV, it's TV itself. Too much television time creates children uninterested in self-restraint or empathy.

Media goes all fuzzy on protest. Lack of specifics, perspective on figures used by Auraria students hurts coverage. Plus Nelson Rockefeller's divorce, dubious statistics about "hate crimes" against homosexuals, and attacks on George Bush's campaign advertisements.

Press ambushes CU football coach. Denver media unapologetically subject Barnett to raw character assassination.

 

Just for fun

My entries in an industrial sign creation contest.

 

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Browse or shop at Dave Kopel's Great Books and Great Movies pages.

 

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New Books:

Supreme Court Gun Cases: Two Centuries of Rights Revealed. By David B. Kopel, Alan Korwin, and Stephen P. Halbrook. The Conservative Book Club says the book is "The most important legal reference ever published on your right to keep and bear arms."

 

Foreword to Gun Laws of Montana (2003).

 

New Media Analysis Article

It's not what's on TV, it's TV itself. Too much television time creates children uninterested in self-restraint or empathy.

 

New Monographs

Ballistic Imaging: Not Ready for Prime Time. National Center for Policy Analysis. Policy backgrounder. With Sterling Burnett.

 

Court Victory!

In the case of Newsom v. Albermarle, a public school threatened to punish a student for wearing a NRA shooting sports camp t-shirt. An Independence Institute amicus brief for the Fourth Circuit Court of appeals argued that shooting sports are wholesome and promote good character, and that speech promoting shooting sports cannot rationally be censored in a public school. On December 1, the Fourth Circuit upheld the student's First Amendment rights, in a 3-0 decision.

 

New Issue Papers

Limited Preemption of Firearms Laws: A Good Step for Civil Rights.

Denver's New Welfare Hotel: Why the Convention Center Hotel is a Mistake.

Hate Crime Laws: Dangerous and Divisive.

 

New journal articles

"Global Deaths from Firearms: Searching for Plausible Estimates." 8 Texas Review of Law and Politics 114 (2003). With Paul Gallant & Joanne D. Eisen. PDF.

The UN Small Arms Conference, Johns Hopkins SAIS Review.

"Guns for 'Non-State Actors': Tools to Prevent Genocide," Brown Journal of World Affairs. PDF

 

Archives

Newspaper and magazine articles.

Books, law review articles, other scholarly publications.

Weblog from NRO's The Corner.

 

New audio

National Public Radio, The Tavis Smiley Show. Kopel interviewed for 4/9/03 program on the NAACP's lawsuit against the firearms industry.

 

Organizations

Research Director of the Independence Institute

Director of the Center on the Digital Economy at the Heartland Institute

Associate Policy Analyst, Cato Institute.

Columnist, National Review Online.

Columnist, Rocky Mountain News/Denver Post.

Contributing Editor, Liberty magazine.

Editor-in-Chief, Journal on Firearms & Public Policy.

Contributing Editor, Gun Week, Gun News Digest. Contributing Legal Editor, The Firearms & Outdoor Trade.

Adjunct Professor of Law, New York University, 1998-99. Course syllabus.

Board of Advisors, Porto Libro.

Board of Directors, Colorado Union of Taxpayers.

Website designer, MaryLinks.

 

Background

Former Assistant Attorney General, State of Colorado. Hazardous and solid waste enforcement.

University of Michigan Law School, J.D. magna cum laude. Contributing Editor, Michigan Law Review.

Brown University, B.A. in History with Highest Honors. National Geographic Society Prize for best History thesis.

State of Arizona, concealed handgun license instructor. NRA-certified instructor for Pistol and for Personal Protection. NRA-qualified Distinguished Expert rating for Handgun.

Memberships: Academy of Criminal Justice Sciences (Life member), American Civil Liberties Union, American Society of Criminology, National Rifle Association (Benefactor member), National Society of Newspaper Columnists, Outdoor Writers Association of America.

 

Recent Media Mentions

EDITORIAL: Dodging a bullet. Supreme Court ducks opportunity to clarify gun rights. Las Vegas Review-Journal. Dec. 2, 2003.


The court refused to review a decision from a three-judge panel of the 9th U.S. Circuit Court of Appeals, which stated in Silveira v. Lockyer that "the Second Amendment does not confer an individual right to own or possess arms," and that it applies only to the federal government, giving states a good deal of room to regulate gun ownership....

 

Litigator Don Kates, legal scholar David Kopel and other legal minds who are sympathetic to the Second Amendment have suggested the court's failure to act is not a bad thing for gun owners. Silveira is not a good test case for gun rights, they say, because it attempts to toss out decades of federal and state laws ... and the justices are loath to take such dramatic measures unless there's overwhelming popular support for the cause.

Mr. Kates and Mr. Kopel argue that it'll take a series of small but successful challenges to gun-control laws and regulations before the Second Amendment is restored to its proper place in the Bill of Rights.

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Research Areas

Criminal Justice

Digital Economy

Environment

International

Media Analysis

Second Amendment

Terrorism

Waco

 

Latest books

New Award! Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law was named an "Editors Choice," as one of the best new reference books of 2003 by Booklist, the magazine of the American Library Association.

 

Foreword to Gun Laws of Montana (2003).

 

Supreme Court Gun Cases: Two Centuries of Rights Revealed. By David B. Kopel, Alan Korwin, and Stephen P. Halbrook.

 

Chapter on burglary in Guns, Crime, and Punishment in America. Bernard Harcourt, editor. (NYU Press).

 

"Smash-up Policing: When Law Enforcement Goes Military" in Busted: Stone Cowboys, Narco-Lords and Washington's War on Drugs (Thunder’s Mouth Press/Nation Books).

 

Gun Control and Gun Rights: A Reader and Guide (NYU Press). College/graduate/law textbook, with balanced treatment of all subjects.

 

Favorite links.

Some recent academic articles citing Kopel:

 

The New Federalism, The Spending Power, And Federal Criminal Law. 89 Cornell Law Review 1 (Nov. 2003). By Richard W. Garnett.

 

The Uplifted Knife: Morality, Justification, And The Choice-Of-Evils

Doctrine.  18 New York University Law Review 1859. November, 2003. By Adav Noti.

 

The Effect Of Concealed Handgun Laws On Crime: Beyond The Dummy

Variables. 23 International Review of Law and Economics 199. June 2003. By Paul H. Rubin & Hashem Dezhbakhsh.

 

A Semiotic Approach To A Legal Definition Of Terrorism. ILSA Journal of International and Comparative Law 357

Spring 2003. By Susan Tiefenbrun.

 

Droit Patrimoine: The Barnes Collection, The Public Interest, And

Protecting Our Cultural Inheritance. 57 Rutgers Law Review 477. Winter 2003. By John Nivala.

 

Superfund Vs. Mega-Sites: The Coeur D'alene River Basin Story. 28 Columbia Journal of Environmental Law 255. By Clifford J. Villa.

The Continuing Importance Of Congressman John A. Bingham And The Fourteenth Amendment. 36 Akron Law Review 589.  2003 Symposium. By Richard L. Aynes.  

Erasure And Recognition: The Census, Race And The National Imagination. 97 Northwestern University Law Review 1701. Summer 2003. By Naomi Mezey.

Treating The Pen And The Sword As Constitutional Equals: How And Why The Supreme Court Should Apply Its First Amendment Expertise To The Great Second Amendment Debate. 44 William and Mary Law Review 2287. April 2003. By David G. Browne.

Is The Second Amendment An Individual Or A Collective Right: United States V. Emerson's Revolutionary Interpretation Of The Right To Bear Arms. 77 Saint John's Law Review 345. Spring 2003. By Michael Busch.

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