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(Forthcoming)

Law and History Review Vol 22 No 1 Spring 2004

paradigm crisis in Second Amendment scholarship, see Saul Cornell, “ Don t Know

Much About History: The Current Crisis in Second Amendment Scholarship” Northern

Kentucky Law Review 29 (2002):657-81.

3

United States v. Emerson, 270 F.3d 203 (5th Cir.), reh’g and reh’g en banc denied, 281

F.3d 1281 (5th Cir. 2001), cert. denied, 122 S. Ct. 2362 (2002).

4

Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002).

5 Richard Primus, The American Idea of Rights (Cambridge: Cambridge University

Press, 1999); David Yassky, “The Second Amendment: Structure, History, and

Constitutional Change, University of Michigan Law Review 99 (2000): 588-688;

Cornell, “Don’t Know Much About History.”

6

Julian P. Boyd, ed., The Papers of Thomas Jefferson (Princeton, N.J. 1950---) 1: 333,

336.

7

Cesare Beccaria, Of Crimes and Punishments trans. Edward D. Ingraham 2nd ed.

(Philadelphia, 1778); Gilbert Chinard, The Commonplace Book of Thomas Jefferson

(Baltimore,1926), 314. On the influence of Beccaria more generally, see David

Lundberg and Henry May, "The Enlightened Reader In America" American Quarterly

28 (1976): 262-293 and Donald S. Lutz, “The Relative Influence of European Writers on

late Eighteenth Century American Political Thought” American Political Science

Review 78 (1984): 189-97. According to May only slightly more than a third of all

libraries in the period 1777-1790 contained a copy of the essay by Beccaria favored by

Jefferson. In his study of the patterns of citation to various thinkers in published writing

in the Founding era Donald Lutz found that Beccaria accounted for about 1% of citations

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