Renee Lerner

Guns

The Second Amendment vs. the Seventh Amendment: The Terminal Decay of the Seventh Amendment and the Revival of the Second Amendment

The Second Amendment right is vibrant and prominent for many citizens. The Seventh Amendment right has shriveled to a husk of its former self.

Renee Lerner |The Volokh Conspiracy | 10.22.2021 8:01 AM

Guns

The Second Amendment vs. the Seventh Amendment: Procedural Rights and the Problem of Incorporation

Recognizing the difference between substantive and procedural rights helps enormously in understanding the battles over applying the first eight amendments of the U.S. Constitution to the states. Procedural rights have failed; not only have they not improved procedures, they have made things worse.

Renee Lerner |The Volokh Conspiracy | 10.21.2021 8:01 AM

Guns

The Second Amendment vs. the Seventh Amendment: The Distinction Between Substantive and Procedural Rights

Substantive rights have a core that can be meaningfully interpreted and protected; they can exist independently of a particular government or a particular legal system. Procedural rights lack such an independent core because they are necessarily embedded in a whole system of legal procedure, and they depend on that system for their meaning.

Renee Lerner |The Volokh Conspiracy | 10.20.2021 8:01 AM

The Second Amendment vs. the Seventh Amendment: Accountability and Understanding of Gun Owners and Civil Jurors

Gun owners and users have individual responsibility for their actions, and the ability to understand their responsibilities. In contrast, civil jurors lack individual responsibility and often have trouble understanding their job.

Renee Lerner |The Volokh Conspiracy | 10.19.2021 8:01 AM

Guns

The Second Amendment vs. the Seventh Amendment: Substantive vs. Procedural Rights; Part 1: Similarities and Differences

Although the affinities between the Second Amendment right to keep and bear arms and the Seventh Amendment right to civil jury trial seem strong, there are crucial differences. The first concerns individual accountability and the ability to understand responsibilities; the second concerns the distinction between substantive rights and procedural rights.

Renee Lerner |The Volokh Conspiracy | 10.18.2021 8:01 AM

Crime

The uncivil jury, part 5: What to do now -- repeal and redesign

Renee Lerner |The Volokh Conspiracy | 5.29.2015 8:32 AM

Crime

The uncivil jury, part 4: The collapse of the civil jury

Renee Lerner |The Volokh Conspiracy | 5.28.2015 10:44 AM

Crime

The uncivil jury, part 3: The perils of jury trial, efforts to control juries, and the deceptive allure of nullification

Renee Lerner |The Volokh Conspiracy | 5.27.2015 12:18 PM

Crime

The uncivil jury, part 2: The unromantic origins of the jury and the continuous need for an alternative

Renee Lerner |The Volokh Conspiracy | 5.27.2015 8:47 AM

Crime

The uncivil jury, part 1: Americans' misplaced sentiment about the civil jury

Renee Lerner |The Volokh Conspiracy | 5.26.2015 12:23 PM