The First Century of Right to Arms Litigation

This Article examines state court cases involving the right to arms, during the first century following ratification of the Amendment in 1791. This is not the first article to survey some of those cases. This Article includes additional cases, and details the procedural postures and facts, not only the holdings. The Article closely examines how the Supreme Court integrated the nineteenth century arms cases into Heller and McDonald to shape modern Second Amendment law. Part I briefly explains two English cases which greatly influenced American legal understandings. Semayne’s Case is the foundation of “castle doctrine” — the right to home security which includes the right of armed self-defense in the home. Sir John Knight’s Case fortified the tradition of the right to bear arms, providing that the person must bear arms in a non-terrifying manner. Part II examines American antebellum cases; these are the cases to which Heller looked for guidance on the meaning of the Second Amendment. Part III looks at cases from Reconstruction and the early years of Jim Crow, through 1891. As with the antebellum cases, the large majority of post-war cases are from the Southeast, which during the nineteenth century was the region most ardent for gun control. The heart of gun control country was Tennessee and Arkansas; courts there resisted some infringements of the right to arms, but eventually gave up. Heller and McDonald did not look to the Jim Crow cases as constructive precedents on the Second Amendment.

The Environmental Costs of Automobile-Centric Transportation Planning

Since the passage of the Federal-Aid Highway Act of 1956, the automobile has become the primary form of transportation on the Mississippi Gulf Coast. As the rate of motor vehicle use continues to rise faster than population growth, the benefits of the current transportation system are coming at a price that rivals annual household expenditures for housing. Furthermore, the automobile-centric transportation system incurs environmental costs. Carbon dioxide emissions, motor fuel use, health care costs for chronic illness, and the loss and impairment of natural resources due to sprawling development, continue to escalate. This project analyzes the environmental costs associated with automobile-centric planning for the urbanized area of the Mississippi Gulf Coast and compares these costs to those of alternative transportation modes.