Professor Nelson Lund's Publications

PUBLICATIONS

• Second Amendment and Firearms Regulation
• Federalism and Separation of Powers
• Civil Rights
• Election Law
• Jurisprudence and Political Philosophy
• Bioethics
• Legal Ethics and Professional Responsibility

Second Amendment and Firearms Regulation

Symposium on "Rearming: The D.C. Gun Ban Gets Overruled," National Review Online, March 12, 2007

Have Gun, Can’t Travel: The Right to Arms under the Privileges and Immunities Clause of Article IV, 73 UMKC Law Review 951 (2005)

The Second Amendment, The Heritage Guide to the Constitution, Matthew Spalding and David Forte, eds. (Regnery 2005)

Putting the Second Amendment to Sleep (book review), 8 Green Bag 2d 101 (2004)

Federalism and the Constitutional Right to Keep and Bear Arms, 33 Publius: The Journal of Federalism, No. 3, at 63 (Summer 2003)

Will Supreme Court Rule Correctly on Second Amendment?: Ninth Circuit Denies Individual Right to Bear Arms, Human Events, January 6, 2003, at 18

A Primer on the Constitutional Right to Keep and Bear Arms, Policy Paper No. 7, Virginia Institute for Public Policy (June, 2002)
[http://www.virginiainstitute.org/publications/primer_on_const.php]

Second Amendment Victory: People Really Do Have a Right to Keep and Bear Arms, Interrogatory with Kathryn Jean Lopez, National Review Online, October 18, 2001

Outsider Views on Guns and the Constitution (book review), 17 Constitutional Commentary 1701 (2000)

Taking the Second Amendment Seriously, The Weekly Standard, July 24, 2000, at 21

Firearms Litigation, Tort Liability, and the Second Amendment, 3 Civil Rights News No. 3, at 1 (E. L. Wiegand Practice Groups of the Federalist Society, Winter, 2000)

The Ends of Second Amendment Jurisprudence: Firearms Disabilities and Domestic Violence Restraining Orders, 4 Texas Review of Law & Politics 157 (1999)

Second Amendment Decision Breaks New Ground, 3 Civil Rights News No. 1, at 10 (E. L. Wiegand Practice Groups of the Federalist Society, Spring 1998)

Gunning Down Crime: The Statistics of Concealed Weapons (book review), The Weekly Standard, June 1, 1998, at 35

Firearms and Tort Law, 2 Litigation News No. 1, at 1 (E. L. Wiegand Practice Groups of the Federalist Society, Spring 1998)

The Past and Future of the Individual’s Right to Arms, 31 Georgia Law Review 1 (1996)

The Second Amendment, Political Liberty, and the Right to Self Preservation, 39 Alabama Law Review 103 (1987)

(reprinted in 2 Robert J. Cottrol, ed., Gun Control and the Constitution (Garland, 1993))

Federalism and Separation of Powers

ABAndoning the Constitution, (with Craig S. Lerner), National Review Online, August 10, 2006

Is Constitution Day Constitutional?, 9 Green Bag 2d 247 (2006)

Precedent Bound? (with Craig S. Lerner), National Review Online, March 6, 2006

Fig Leaf Federalism and Tenth Amendment Exceptionalism, 22 Constitutional Commentary 11 (2005)

The Uniformity Clause and The Port Preference Clause, The Heritage Guide to the Constitution, Matthew Spalding and David Forte, eds. (Regnery 2005)

Putting Federalism to Sleep: The Wrong Way to Argue Against Assisted Suicide, The Weekly Standard, October 31, 2005

Supreme Choice . . . With Encore, Washington Times, September 23, 2005, at A21

Lawrence v. Texas and Judicial Hubris (with John O. McGinnis), 102 Michigan Law Review 1555 (2004)

Federalism and the Constitutional Right to Keep and Bear Arms, 33 Publius: The Journal of Federalism, No. 3, at 63 (Summer 2003)

Roe v. Wade & Bush v. Gore: Making Judicial Activism “Mainstream,” National Review Online, May 19, 2003
[http://www.nationalreview.com/comment/comment-lund051903.asp]

Reprinted: 29 Human Life Review No. 2, Spring, 2003, at 99

Politicians in Robes: The Supreme Court’s Smoke Filled Room, Virginia Viewpoint, Virginia Institute for Public Policy (August, 2003)

Executive Power and Governmental Attorney-Client Privilege: The Clinton Legacy (with Douglas R. Cox), 17 Journal of Law & Politics 631 (2001)

Why Ray Made the Deal: The Self-Pardon Card, National Review Online, January 20, 2001 [http://www.nationalreview.com/comment/commentprint012001g.html]

Judicial Management of the Separation of Powers: Recent Trends, in B. Wilson & K. Masugi, eds., The Supreme Court and American Constitutionalism (Rowman & Littlefield, 1997)

Federalism and Civil Liberties, 45 University of Kansas Law Review 1045 (1997)

The Mandate Hoax of 1995, National Review, Nov. 27, 1995, at 52

Political Science and Political Weapons, 11 Journal of Law & Politics 537 (1995)

Lawyers and the Defense of the Presidency, 1995 Brigham Young University Law Review 17

Guardians of the Presidency: The Office of the Counsel to the President and the Office of Legal Counsel, in C. Clayton, ed., Government Lawyers: The Federal Legal Bureaucracy and Presidential Politics (University of Kansas Press, 1995)

Rational Choice at the Office of Legal Counsel, 15 Cardozo Law Review 437 (1993)

Congressional Power over Taxation and Commerce: The Supreme’s Court Lost Chance to Devise a Consistent Doctrine, 18 Texas Tech Law Review 729 (1987)

Comment, The Uniformity Clause, 51 University of Chicago Law Review 1193 (1984)

Civil Rights

A Constitutional Right to Self Defense?, 2 Journal of Law, Economics & Policy 213 (2006)

The Rehnquist Court’s Pragmatic Approach to Civil Rights, 99 Northwestern University Law Review 249 (2004)

Racial Profiling and the War on Terrorism, 4 Engage: The Journal of the Federalist Society’s Practice Groups No. 2, at 14 (October, 2003)

The Future of Racial Profiling in the War on Terrorism, 2 The CIP Report, No. 2, Aug. 2003, at 7

The Conservative Case Against Racial Profiling in the War on Terrorism, 66 Albany L. Rev. 329 (2003)

Illusions of Antidiscrimination Law, in Abigail Thernstrom & Stephan Thernstrom, eds., Beyond the Color Line: New Perspectives on Race and Ethnicity in America (Hoover Institution Press, 2002)

The Law of Affirmative Action in and after the Civil Rights Act of 1991: Congress Invites Judicial Reform, 6 George Mason Law Review 87 (1997)

The Constitution, the Supreme Court, and Racial Politics, 12 Georgia State Law Review 1129 (1996)

In Defense of Colorblindness (book review), Wall Street Journal, March 22, 1996, at A10

Retroactivity, Institutional Incentives, and the Politics of Civil Rights, 1995 Public Interest Law Review 87

Reforming Affirmative Action: How to Restore the Law of Equal Treatment, Heritage Foundation Report to Congress (August 2, 1995)

Congressional Self-Exemption from the Employment Discrimination Laws: A Rational Choice Analysis of the Civil Rights Act of 1991, 54 Louisiana Law Review 1559 (1994)

(reprinted in Roger Clegg, ed., The Civil rights Act of 1991: A Symposium, National Legal Center for the Public Interest 1994))

Election Law

Bush v. Gore: The Question of Legitimacy (book review), 4 Engage: The Journal of the Federalist Society’s Practice Groups No. 1, at 154 (May, 2003)

Carnival of Mirrors: Professor Tribe’s “Unbearable Wrongness,” 19 Constitutional Commentary 609 (2002)

“EQUAL PROTECTION, MY ASS!”?: Bush v. Gore and Laurence Tribe’s Hall of Mirrors, 19 Constitutional Commentary 543 (2002)

The Replacements, Wall Street Journal, October 12, 2002, at A12

Applying Law to the Political Process, 3 Engage: The Journal of the Federalist Society’s Practice Groups 24-26 (August 2002).

Response to Gary Rosen on “Bush v. Gore,” Commentary (March 2002), at 12

The Unbearable Rightness of Bush v. Gore, 23 Cardozo Law Review 1219 (2002)

The Unbearable Rightness of Bush v. Gore, in Arthur J. Jacobson & Michel Rosenfeld, eds., The Longest Night: Polemics and Perspectives on Election 2000 (University of California Press, 2002)

An Act of Courage, The Weekly Standard, December 25, 2000, at 19

(reprinted in E.J. Dionne Jr. & William Kristol, eds., Bush v Gore: The Court Cases and the Commentary (Brookings Institution Press, 2001))

Travesty in Tallahassee, The Weekly Standard, December 18, 2000, at 17

Supreme Court’s Not the Last Word, New York Post, December 4, 2000, at 31

Courts Don’t Own the Law, New York Post, November 20, 2000, at 29

Jurisprudence and Political Philosophy

A Libertarian Constitution (book review), Claremont Review of Books, Vol. 5, No. 2 (Spring 2005), at 47

Rousseau and Direct Democracy (with a Note on the Supreme Court’s Term Limits Decision),13 Journal of Contemporary Legal Issues 459(2004)

Capital Punishment in America (book review), 149 Public Interest 122 (Fall 2002)

Landmarks of Constitutional Interpretation (with Charles J. Cooper), 40 Policy Review 10 (1987)

Philosophy and Public Policy (book review), St. John’s Review (Autumn 1981)

Guardian Politics in ‘The Deer Hunter’ (1978), St. John’s Review (Winter 1981)

Sex and Language in Rousseau’s Account of Human Origins (doctoral dissertation, Harvard University 1981)

Bioethics

Putting Federalism to Sleep: The Wrong Way to Argue Against Assisted Suicide, The Weekly Standard, October 31, 2005

Why Ashcroft is Wrong on Assisted Suicide, Commentary (Feb. 2002), at 50 and response to critics, Commentary (May 2002), at 12

(reprinted sub nom. The Federal Government’s Attempt to Ban Assisted Suicide Threatens Federalism, in Assisted Suicide (Greenhaven Press, 2005))

Biology Takes On Its Own Form of Morality (correspondence), New York Times, June 5, 1998, at A18

Two Precipices, One Chasm: The Economics of Physician-Assisted Suicide and Euthanasia, 24 Hastings Constitutional Law Quarterly 903 (1997)

Down Kevorkian’s Slope (book review), The Weekly Standard, July 28, 1997, at 34

Assisted Suicide is Death Knell to Doctor Ethics, Insight Magazine, at 30 (Feb. 10, 1997)

Courting Death: Assisted Suicide, Doctors, and the Law (with Leon R. Kass), Commentary (Dec. 1996), at 17

(reprinted in part in Euthanasia: Opposing Viewpoints (Greenhaven Press, 1999))

Physician-Assisted Suicide, Medical Ethics and the Future of the Medical Profession (with Leon R. Kass), 35 Duquesne Law Review 395 (1996)

Infanticide, Physicians, and the Law: The ‘Baby Doe’ Amendments to the Child Abuse Prevention and Treatment Act, 11 American Journal of Law and Medicine 1 (1985)

Legal Ethics and Professional Responsibility

Executive Power and Governmental Attorney-Client Privilege: The Clinton Legacy (with Douglas R. Cox), 17 Journal of Law & Politics 631 (2001)

The President as Client and the Ethics of the President’s Lawyers, 61 Law and Contemporary Problems No. 2, at 65 (1998)

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