Darrell A.H. Miller

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Text, History, and Tradition: What the Seventh Amendment Can Teach Us About the Second

122 Yale L.J. 852 (2013). In District of Columbia v. Heller and McDonald v. City of Chicago, the Supreme Court made seemingly irreconcilable demands on lower courts: evaluate Second Amendment claims through history, avoid balancing, and retain as much regulation as possible. To date, lower courts have been unable to devise a test that satisfies all three of these conditions....