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Legale§e
Bob Fiedler
65 episodes
2 days ago
Legalese is a podcast discussing all things constitutional law, as well as current events in law, politics and culture.
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All content for Legale§e is the property of Bob Fiedler and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
Legalese is a podcast discussing all things constitutional law, as well as current events in law, politics and culture.
Show more...
Politics
News
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Qualified Immunity As Gun Control.... Really?
Legale§e
39 minutes 25 seconds
2 years ago
Qualified Immunity As Gun Control.... Really?

Episode #53 Today on Legalese we are going to be discussing a new article that will be released in an upcoming volume of the Notre Dame Law Review entitled "Qualified Immunity As Gun Control". Law professors Guha Krishnamurthi & Peter N. Salib make one of the most evil and admittedly most brilliant calls ever to further a gun control agenda by using the doctrine of qualified immunity. This video is based on my article of the same name, recently published to Substack: https://constitutionallaw.substack.com/p/qualified-immunity-as-gun-control Even if you have read the article this video may well be worth a watch anyway, as I have elaborated on certain topics first discussed in the article, such as judicial scrutiny. The original article by Krishnamurthi and Salib was largely written as a response to a notable case filed by the U.S. Fifth Circuit on Feb 02, 2023 ~United States v. Rahimi, 61 F.4th 443, 448 (5th Cir. 2023). https://cases.justia.com/federal/appellate-courts/ca5/21-11001/21-11001-2023-02-02.pdf?ts=1675384240 What makes U.S. v Rahimi so notable is that the Supreme Court has chosen to grant cert on this case, following a petition filed by the DOJ on the following question presented: "Whether 18 U.S.C. 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face." This case has a high likelihood of ending up as a landmark 2A case in their upcoming term... ORIGINAL ARTICLE Krishnamurthi, Guha and Salib, Peter, Qualified Immunity as Gun Control (July 5, 2023). Notre Dame Law Review Reflection (forthcoming 2023), https://ssrn.com/abstract=4500816 SHOW NOTES For all other links and citations, as well as a full transcript of this podcast episode head over to episode show notes page - https://constitutionallaw.substack.com/p/qi-as-gc FOLLOW AND SUPPORT Subscribe To Legalese Newsletter - https://legaleseshow.com/ Legalese Homepage - https://www.legalesepodcast.com/ Pick up a copy of my book - “Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon - https://www.amazon.com/dp/B0BN93R9QX Contact Me - Bob@legaleseshow.com Legale§e is a podcast that discusses all things constitutional law-- as well as current events in law, politics and culture. Legale§e is a subscriber-supported project. Please consider becoming a free or paid subscriber.

Legale§e
Legalese is a podcast discussing all things constitutional law, as well as current events in law, politics and culture.