George A. Mocsary

University of Wyoming | UW · College of Law

This Chapter provides a sample of the arguments that various philosophers have offered for or against arms possession, and about appropriate constraints on the use of arms. Many of the readings in this Chapter are part of the intellectual background of the Second Amendment. These include material from ancient Greece and Rome (Part B), the Judeo-Chr...

The en banc Ninth Circuit on March 24 held by a seven-to-four vote that the Second Amendment right does not encompass open handgun carriage. The decision in Young v. Hawaii complements the Circuit’s 2016 en banc Peruta v. San Diego, which held that concealed carry is categorically outside the Second Amendment. Thus, according to the Ninth Circuit,...

Every few decades, there erupt political and academic debates over the proper nature and purpose of the corporation. It is black letter law, according to most scholars, that corporations exist to maximize shareholder wealth. Others maintain that the corporation should exist for the benefit of multiple constituencies, regardless of what current blac...

Who should the state punish? Why? Should punishment be proportional? This article surveys, in the context of these fundamental criminal-law questions, the Second Amendment’s constitutional history and jurisprudence. A vast body of evidence shows that the framers of both the Second and Fourteenth Amendments intended to protect the individual’s right...

Enlightened shareholder wealth maximization – long-term thinking about improving and perfecting the corporation’s products and services that translates into sustainably increased future cash flows – has almost entirely given way to an overzealous focus on short-term stock performance. This commentary synthesizes a few basic concepts before this bac...

This Article examines whether mandating liability insurance for firearm owners would meet its avowed goals of efficiently compensating shooting victims and deterring unlawful and accidental shootings without creating a net social loss by chilling socially beneficial gun use. In the process, the Article also examines whether nonmandatory liability i...

This Article, using statistical tools and theory in conjunction with more standard legal approaches, argues that pharmaceutical manufacturers should disclose all cases of illness or injury associated with their products because this data is material to patients and their doctors, and therefore to Securities and Exchange Commission Rule 10b-5's "rea...

Firearms Law and the Second Amendment: Regulation, Rights and Policy is the first traditional law school textbook to cover the subject, and the only casebook that provides a comprehensive treatment since the Supreme Court affirmed the constitutional right to private firearms in 2008 and extended that right to constrain state action in 2010. From th...

Review of Robert Churchill's, To Shake Their Guns in the Tyrant’s Face: Libertarian Political Violence and the Origins of the Militia Movement (2008).To Shake Their Guns in the Tyrant’s Face is a work in three acts, each a snapshot of a period in our 'collective memory' of the American Revolution.

This is the final print version of the article, cited by the United States Supreme Court in McDonald v. Chicago, 130 S. Ct. 3020, 3039 n.21, 3041 n.25, 3043 (2010). Please see the pre-publication version, which has been cited by the petitioner’s brief and an amicus brief in McDonald v. Chicago, 08-1521 (S. Ct. argued Mar. 2, 2010), here: http://ssr...

Although the Second Amendment of the U.S. Constitution has guaranteed the right to keep and bear arms for more than 200 years, the U.S. Supreme Court has never formally declared to whom the right belongs. Each side of the gun debate - one holding that the Amendment guarantees a right to individuals, the other that states possess the right - support...