Why Regulate Guns?

2020 ◽  
Vol 48 (S4) ◽  
pp. 11-16 ◽  
Author(s):  
Reva B. Siegel ◽  
Joseph Blocher

Courts reviewing gun laws that burden Second Amendment rights ask how effectively the laws serve public safety — yet typically discuss public safety narrowly, without considering the many dimensions of that interest gun laws serve. “Public safety” is a social good: it includes the public's interest in physical safety as a good in itself, and as a foundation for community and for the exercise of constitutional liberties. Gun laws protect bodies from bullets — and Americans' freedom and confidence to participate in every domain of our shared life, whether to attend school, to shop, to listen to a concert, to gather for prayer, or to assemble in peaceable debate. Courts must enforce the Second Amendment in ways that respect the public health and constitutional reasons a democracy seeks to protect public safety. Lawyers and citizen advocates can help, by creating a richer record of their reasons in seeking to enact laws regulating guns. This inquiry is urgent at a time when the Supreme Court's new conservative majority may expand restrictions on gun laws beyond the right to keep arms for self-defense in the home first recognized in District of Columbia v. Heller in 2008.

Author(s):  
Boaz Sangero

This article reflects on District of Columbia v. Heller and proposes a new footing and limit to the right to bear arms: a person's inalienable right to selfdefense. Self-defense is a natural right embedded in personhood and is antecedent to the social contract that sets up a state. This right consequently remains with the person following the establishment of the state and allows her to use proportional force necessary for resisting aggression. The right to bear arms derives from the constitutional right to self-defense, which merits protection under both the Ninth and Fourteenth Amendments. This instrumental nexus calls for a dynamic determination of the scope of the right to bear arms under the Second Amendment, along Heller's lines. The scope of the right to bear arms should be defined by an ordinary citizen's necessity to use arms in defending herself proportionally against criminals. This criterion will allow courts to deliver both predictable and balanced decisions that align with originalism.


Author(s):  
Olukayode James Ayodeji ◽  
Seshadri Ramkumar

The COVID-19 pandemic has been one of the biggest public health challenges of the 21st century. Many prevalent measures have been taken to prevent its spread and protect the public. However, the use of face coverings as an effective preventive measure remains contentious. The goal of the current study is to evaluate the effectiveness of face coverings as a protective measure. We examined the effectiveness of face coverings between 1 April and 31 December 2020. This was accomplished by analyzing trends of daily new COVID-19 cases, cumulative confirmed cases, and cases per 100,000 people in different U.S. states, including the District of Columbia. The results indicated a sharp change in trends after face covering mandates. For the 32 states with face covering mandates, 63% and 66% exhibited a downward trend in confirmed cases within 21 and 28 days of implementation, respectively. We estimated that face covering mandates in the 32 states prevented approximately 78,571 and 109,703 cases within 21- and 28-day periods post face covering mandate, respectively. A statistically significant (p = 0.001) negative correlation (−0.54) was observed between the rate of cases and days since the adoption of a face covering mandate. We concluded that the use of face coverings can provide necessary protection if they are properly used.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M Magnusson ◽  
I-Z Jama

Abstract The Right to health framework supports available, accessible and acceptable health care of high quality for all (AAAQ). Health of migrants often worsen in the new country. AAAQ may be hindered by poverty, discrimination, health cares' shortcomings and misunderstandings, respectively. Advocating for marginalised groups' Right to health include action. Interventions based on shared influence, participation and control need to be launched. Cultural mediators (CM), i.e. persons that are knowledgeable in both cultures and with networks in migrant groups help overcome lingual problems, lack of trust and uneven power relations. This resource needs to be further examined. How can a CM strengthen AAAQ in a public health setting? Women with Somalian origin living in an underserved neighborhood in Sweden contacted the Public Health Unit of a local hospital, asking for support for a health focused group-activity. Weight loss after delivery was a primary concern. Women gathered monthly 2018-19. The objective was to support healthy life style habits drawing on issues raised by the women. The intervention was conducted by group talks, led by the CM and a public health planner. Methods were based on Social Cognitive Theory focusing on self-efficacy. The CM recruited women, helped them to find the venue, encouraged them to trust the public health planner and broadened perspectives to include female genital mutilation, children's food, how to seek care and workforce issues. Trust developed over time. 70 women participated. Reported gains were raised awareness of ones' rights, increased self-efficacy in relation to food, physical activity and how to support children to a healthy life style. Support for a healthy lifestyle was made more available, accessible and acceptable by the cooperation with the CM, as was the quality of the support. A CM bridges distances regarding spoken language, trust and cultural understanding. S/he puts forward perspectives and needs from the group in question Key messages The Right to health framework highlights areas that need to be in focus when advocating for health equity. Health care workers in settings with many migrants should strive to include cultural mediators in planning, execution and evaluation of interventions.


2019 ◽  
Vol 47 (S2) ◽  
pp. 112-115 ◽  
Author(s):  
Michael R. Ulrich

The call for a public health approach to gun violence has largely ignored what role the nascent Second Amendment jurisprudence will play in hindering change. Given the state interest for infringing on Second Amendment rights is nearly always public safety, public health law doctrine provides an apt framework for analysis.


2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Jonathan Pugh

Abstract In response to the SARS-CoV-2 coronavirus pandemic the UK government has passed the Coronavirus Act 2020 (CA). Among other things, this act extends existing statutory powers to impose restrictions of liberty for public health purposes. The extension of such powers naturally raises concerns about whether their use will be compatible with human rights law. In particular, it is unclear whether their use will fall within the public heath exception to the Article 5 right to liberty and security of the person in the European Convention of Human Rights. In this paper, I outline key features of the CA, and briefly consider how the European Court of Human Rights has interpreted the public health exception to Article 5 rights. This analysis suggests two grounds on which restrictions of liberty enforced some under the CA might be vulnerable to claims of Article 5 rights violations. First, the absence of specified time limits on certain restrictions of liberty means that they may fail the requirement of legal certainty championed by the European Court in its interpretation of the public health exception. Second, the Coronavirus Act’s extension of powers to individuals lacking public health expertise may undermine the extent to which the act will ensure that deprivations of liberty are necessary and proportionate.


1763 ◽  
Vol 53 ◽  
pp. 195-200 ◽  
Keyword(s):  
The Many ◽  

My Lord, Among the many useful discoveries which this age hath made, there are very few which, better deserve the attention of the public than what I am going to lay before your Lordship. There is a bark of an English tree, which I have found by experience to be a powerful astringent, and very efficacious in curing aguish and intermitting disorders. About six years ago, I accidentally tasted it, and was surprised at its extraordinary bitterness; which immediately raised me a suspicion of its having the properties of the Peruvian bark. As this tree delights in a moist or wet soil, where agues chiefly abound, the general maxim, that many natural maladies carry their cures along with them, or that their remedies lie not far from their causes, was so very apposite to this particular case, that I could not help applying it; and that this might be the intention of Providence here, I must own had some little weight with me.


Prawo ◽  
2017 ◽  
Vol 323 ◽  
pp. 113-127
Author(s):  
Tadeusz Kocowski ◽  
Mateusz Paplicki

Form of medical entity and medical servicesHealth undoubtedly belongs of the fundamental existential values for human. Current legal regu­lations state that everyone is entitled to health care. Health care is agovernment task, executed especially by local government units. An individual has the right to claim medical services related to the protection of life and health from the public health service. For their practical implementation, government establishes a system of entities obliged to take action in this field. Unfortunately, the actions taken do not create a unified system in which the patient and his health are the most important value.


2020 ◽  
Vol 8 (2) ◽  
pp. 141
Author(s):  
Wahyu Maulana

Medium small industry (IKM) is one of the real sectors which is a favorite of the public to compete in producing maximum profits. This sector is also a strong foundation for regional governments in developing an independent regional economy. This is the reason for the many SMIs that have sprung up and are dominated by millennials. The purpose of this study was to determine the competitive strategy using the marketing mix method and SWOT analysis on one of the tempe chips SMIs. This type of qualitative research and direct interviews are things that are used in this study. The results showed that the position of IKM Ayudy was in the quadrant I in the SWOT analysis where the right strategy to compete was to use an aggressive strategy. Ayudy IKM will take advantage of open business opportunities by focusing on the strength of its products. The competitive strategy is divided into marketing mix where its application includes a product strategy by doing innovative products, this is considered appropriate because it is to overcome boredom in consumers so that consumers remain comfortable with the product from the IKM Ayudy; pricing strategy is done by implementing wholesale prices, this is intended to facilitate sales quickly; location strategy by opening sales outlets directly aimed at consumers especially those located far from production houses; and of course promotional strategies through social media that make products more known and have an impact on increasing sales


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