PDA

View Full Version : UCLA Law Prof shares his thoughts on Heller, possible results.


bg
04-28-2008, 9:30 AM
It's pretty obvious this fellow prefers law abiding folks be
open prey to criminals. I wonder if he would hold this
same opinion if he or/and his family were to fall victim
to some crazies.
http://www.nydailynews.com/opinions/2008/04/28/2008-04-28_public_safety_in_supreme_danger.html
excerpt
Even the Bush administration realizes this is the sensible course. Bush's solicitor general - who argued against the D.C. gun ban on behalf of the federal government - submitted a brief to the court endorsing the principle that the arms right was subject to reasonable restriction, which put him in hot water with far-right elements within the administration.
Not completely true. VP Cheny opposes the Admin's view.
If the court chooses the second route, heaven help us.

Strict judicial scrutiny would mean the end to a wide range of common, legitimate gun safety laws that Americans nationwide rely on to preserve public safety and protect children. These include bans on carrying concealed firearms; bans on assault rifles; trigger lock requirements; bans on guns in government buildings and schools; bans on possession by felons; and perhaps even basic licensing laws.
Again one uses the "children" as a trump card..Heaven help
us..
Under strict scrutiny, every last gun control law including the laws that New York City has enforced so effectively and aggressively to drive violent crime to record lows - will be presumed to be unconstitutional.
It's true. NY, Chicago, Ca, etc have some of the strictest
anti gun laws in the Nation, yet have proven NOT so
effective. Example ? Chicago last weekend where over
30 shootings happened with 9 killed. Now how have
severe anti gun laws panned out there ?

RomanDad
04-28-2008, 9:42 AM
Hes a weenie.

Socal858
04-28-2008, 9:51 AM
its ok, he is affluent and liberal, he will never be plagued with america's problems and will always be able afford his way out of trouble; just like the rest of them

Californio
04-28-2008, 11:36 AM
What pains me is the he is teaching the next generation of Americas Lawyers, young impressionable minds.

mymonkeyman
04-28-2008, 11:44 AM
Well Eugene Volokh is a much more well known UCLA Law Professor who is strongly pro-2nd amendment, so don't worry too much about UCLA lawyers.

It's pretty interesting that he's willing to go so far as claim that NYC's decrease in crime is due to gun control, when almost everyone is willing to acknowledge it was due to general decreases in crime rate nation wide due to better job opportunities + Giuliani's Broken Windows / Zero Tolerance crime policing policy.

kap
04-28-2008, 11:56 AM
I checked his courses and to my surprise he does not in fact teach "Not Getting It 101"

He keeps throwing around the phrase "reasonable restrictions". Reasonable to whom? If these restrictions are so reasonable why are they not up to the strict scrutiny challenge. I don't think this guy would accept the same "reasonable restriction" that people can experiment with if it was directed at the first amendment. It irks me that we must fight this battle with a bunch of disingenuous gun banners who do it under the guise of "reasonable restrictions" that they don't want anyone to challenge.


Adam Winkler
Professor of Law
B.S.F.S Georgetown University School of Foreign Service, 1990
J.D. New York University, 1993
M.A. Political Science, 1998
UCLA Faculty since 2002

Adam Winkler is a specialist in American constitutional law. His wide-ranging scholarship has touched upon a diverse array of topics such as the right to vote, corporate free speech rights, campaign finance law, affirmative action, judicial independence, constitutional interpretation, and the right to bear arms. Along with Ken Karst of the law school and Pulitzer Prize-winning legal historian Leonard Levy, Professor Winkler edited The Encyclopedia of the American Constitution (2nd edition). Outside constitutional law, Professor Winkler has also written on corporate social responsibility and international economic sanctions.

A Los Angeles native, Professor Winkler graduated from Georgetown University's School of Foreign Service, earned his J.D. at New York University School of Law, practiced law in Los Angeles at the firm Katten Muchin Zavis & Weitzman, and clerked for the Honorable David R. Thompson of the United States Court of Appeals for the Ninth Circuit.

Professor Winkler currently serves on the board of directors of the Brennan Center for Justice, a leading public interest law firm and think-tank active in campaign finance reform, and the Los Angeles chapter of the Planned Parenthood Advocacy Project, the local electoral advocacy arm of Planned Parenthood. He is also the faculty advisor to the law school’s chapter of the American Constitution Society for Law and Policy.

Gryff
04-28-2008, 11:58 AM
He teaches at University of California. What do you expect?

(Don't you have to have a written endorsement by the California Democratic Party to get tenure there?)

Number 6
04-28-2008, 12:14 PM
He teaches at University of California. What do you expect?

(Don't you have to have a written endorsement by the California Democratic Party to get tenure there?)

Yes, everyone who teaches in the UC system is a gun-grabbing liberal. :rolleyes:

mymonkeyman
04-28-2008, 12:18 PM
He teaches at University of California. What do you expect?

(Don't you have to have a written endorsement by the California Democratic Party to get tenure there?)

Eugene Volokh teaches at UCLA Law.

John "Torture Memo" Yoo teaches at Berkeley Law.

Yes UC professors tilt liberal, but you would be surprised at the number of conservatives.

RomanDad
04-28-2008, 12:29 PM
What pains me is the he is teaching the next generation of Americas Lawyers, young impressionable minds.

By the time minds get to law school, they're rarely young or impressionable.

Gryff
04-28-2008, 12:56 PM
Yes UC professors tilt liberal, but you would be surprised at the number of conservatives.

Yeah, I know. But I also know there is a tendency in academia to swing liberal (especially in California).

Californio
04-28-2008, 2:34 PM
By the time minds get to law school, they're rarely young or impressionable.

Winston Churchill: "If you are not a liberal in your twenties, you have no heart. If you are not a conservative in your thirties, you have no brain."

Wisdom takes time and water under the bridge, that is why SCOTUS is a bunch of old farts:)

bg
04-28-2008, 2:35 PM
Yeah, I know. But I also know there is a tendency in academia to swing liberal (especially in California).
Whether they want to or not, seems like.

MrTuffPaws
04-28-2008, 2:49 PM
Hes a weenie.

I just have to quote this.

StukaJr
04-28-2008, 4:28 PM
If anybody has visited or lived in NYC, they'll know that the City has bigger overall Police force than some of the States do - it's sustainable (for now) in a City that has its own City tax, Commuter tax and additional City Sales tax on a number of goods and services... Living and working in NYC will get a single/no dependents Joe Bloe at 43% - that's not counting the additional sales tax. Some of that goes to pay to place an armed cop on almost every major street corner, subway station and every major transportation chain - that's not to mention myriad of Specialized units etc...

NYC has had its gun ban enacted close to a century ago - (1930's IIRC?) and has a history of gang wars and high crime/homicide figures. What solved the crime/homicide figures was eventual restructuring of the City, dissolution of Ghettos and turning the areas into Condos to entice the commuters to move into the City... The brownstones of Spanish Harlem are now half a million dollar condos.

So NYC is an only good example of gun-free City being the Statistically Safe City - but not because of the gun ban which took no effect for 60 years plus, but because of the crime moving somewhere else (where it doesn't grab as many headlines - you never hear about Trenton or Camden, New Jersey on the news)... Unfortunately, NYC is also a City about to implode under its own debt and deficit and Chicago/DC not having the funds to turn into "Police on every corner" cities...

And yeah, he's a weenie... A Law Professor commenting on social problems - might as well have his own Cooking show...