Posts

The Art of Predicting the Future: Measuring "Dangerousness"

We like to think of the law as a set of firm, historical facts. You either committed a crime, or you didn't. You either qualify for a right, or you are disqualified. But right now, the Department of Justice is grappling with a much more "revelatory" question: Can the law predict the future? In July 2025, the DOJ proposed new rules to revive the long-dormant gun rights restoration program under 18 U.S.C. § 925(c). The core of this program hinges on a single, heavy word: Dangerousness . If a person with a prior disqualifying record wants their rights restored, they must prove they are no longer "dangerous." The Rest of the Story The surprise isn't that we are asking the question—it’s how we are trying to answer it. We are moving away from mere "gut feelings" by judges and toward a sophisticated, albeit controversial, blend of clinical art and data science. In a recent piece I wrote for the Duke Second Thoughts blog (which was also cross-posted on t...

The Efficiency of Being Inefficient: A Law & Economics Surprise

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 We’ve all heard the complaints—and perhaps made them ourselves. Whether it's during a campaign season or a frustrating afternoon at a government office, the refrain is always the same: "Why can't the government just run like a business?" We imagine a world where a leader could simply snap their fingers and make the "trains run on time." We crave the streamlined efficiency of a CEO who can pivot a company in a single afternoon. In our civic imagination, "checks and balances" often feel like nothing more than red tape and gridlock. But what if I told you that the Founding Fathers were actually some of history’s most brilliant (if accidental) economists? The Monopoly Problem In a traditional market, we loathe monopolies. Why? Because without competition, there is no incentive to improve quality or lower prices. A monopolist becomes unresponsive and self-centered. As it turns out, the same is true in politics. A political monopoly—an autocracy or a d...

The Complete Administrative Law Lecture Series (142 Videos) by Professor Dru Stevenson

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  🏛️ New: The Complete Administrative Law Lecture Series is Now Public I am pleased to announce the public availability of the complete Administrative Law lecture series for the Fall 2025 semester. This series includes 46 new videos posted in the last seven months, covering the core principles of the administrative state and essential topics for the bar exam and legal practice. The videos cover the full spectrum of agency power, including rulemaking, adjudication, and the critical role of judicial review. As a Professor of Law at South Texas College of Law Houston (STCL), this is the definitive, up-to-date guide for current legal analysis. Why This Content is Essential Now (H2) The Supreme Court’s recent decisions have fundamentally reshaped the landscape of Administrative Law, making new, up-to-date analysis essential for students and practitioners alike. This series includes new videos focused on: ⚖️ Statutory Interpretation and Deference (H3) New analysis on the Chevron doct...

Article: Revisiting the Original Congressional Debates About the Second Amendment

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My latest academic article published - Revisiting the Original Congressional Debates About the Second Amendment - #2A Thanks to the editors at Missouri Law Review for editing/publishing it. Read/download here: https://scholarship.law.missouri.edu/mlr/vol88/iss2/9/
 I posted a new article about Operation Choke Point on SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4292272  Operation Choke Point: Myths and Reality
Check out my new post on the Second Thoughts blog here .

New Article: Ethical Issues with Lawyers Openly Carrying Firearms

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Ethical Issues with Lawyers Openly Carrying Firearms    St. Mary’s Journal on Legal Malpractice & Ethics (Forthcoming) December 18, 2019 Abstract Ethical concerns arise when lawyers openly carry firearms to adversarial meetings related to representation, such as depositions and settlement negotiations. Visible firearms introduce an element of intimidation, or at least the potential for misunderstandings and escalation of conflicts. The adverse effects of openly carried firearms can impact opposing parties, opposing counsel, the lawyer’s potential clients, witnesses, and even judges and jurors encountered outside the courtroom. The ABA’s Model Rules of Professional in their current form include provisions that could be applicable, such as rules against coercion and intimidation, but there is no explicit reference to firearms. Several reported incidents with lawyers and firearms have occurred in recent years, and as states liberalize their “open carry” laws, as well ...