Briefs and Citations of Kopel

For information on the Colorado Sheriffs' lawsuit against the 2013 anti-gun laws, click here.

Amicus Briefs

United States Supreme Court

Arms law

New York State Rifle and Pistol Association v. New York City. No. 28-280. May 14, 2019. Amicus brief for Professors of Second Amendment law, Second Amendment Foundation, Citizens Committee for the Right to Keep and Bear Arms, Jews for the Preservation of Firearms Ownership, Millennial Policy Center, and Independence Institute. Appendix of professor biographies. The Second Circuit upheld New York City's ban on licensed handgun owners taking their handguns out of the City. The ban is contrary to good practices for safety training. The doctrinal errors found in the Second Circuit decision are prevalent in other circuits, demonstrating the need for further guidance from the Supreme Court.

Pena v. Horan. Cert. petition. No. 18-843. Feb. 1, 2019. Amicus brief for Second Amendment law professors, Citizens Committee for the Right to Keep and Bear Arms, Mountain States Legal Foundation, Jews for the Preservation of Firearms Ownership, Independence Institute, and Millennial Policy Center. California's "microstamping" mandate creates a de facto ban on all new models of semiautomatic pistols. The Ninth Circuit opinion uphold the ban was based on speculation and refusal to consider the plaintiffs' evidence.

Mance v. Whitaker. Cert. petition. No. 18-663. Dec. 20, 2018. Amicus brief for Second Amendment law professors, Independence Institute, and Millennial Policy Center. Challenge to federal ban on interstate handgun sales between consenting states. Argues that Court should take the case to explicate the proper test for Second Amendment challenges, due to conflicts in the lower courts, and nullification of the Second Amendment in some courts.

Teixeira v. Alameda County. Cert. petition. No 17-982. Feb. 9, 2018. Amicus brief on behalf of Cato Institute, Jews for the Preservation of Firearms Ownership, Independence Institute, and Millennial Policy Center. County's ban on all new gun stores violates the Second Amendment. The brief addresses circuit court doctrine, and the history of the British arms embargo on the American colonies.

Kolbe v. Hogan. Cert. petition. No. 17-127. Aug. 21, 2017. Amicus brief on behalf of National Sheriffs' Association, Cato Institute, Second Amendment Foundation, and Independence Institute. Maryland's ban on common firearms and standard magazines endangers law enforcement officers and public safety. The ban is contrary to the American tradition of arms regulation.

McDonald v. City of Chicago. 561 U.S. 742 (2010). Amicus brief for International Law Enforcement Educators and Trainers Association (ILEETA), International Association of Law Enforcement Firearms Instructors (IALEFI), Southern States Police Benevolent Association, Texas Police Chiefs Association, Law Enforcement Alliance of America, Congress of Racial Equality, the Claremont Institute, Professors Carlisle E. Moody, Roy T. Wortman, Raymond Kessler, Gary Mauser, Dr. Sterling Burnett, and the Independence Institute. Social science shows the benefits of arms in the hands of the law-abiding, and the harms of handgun prohibition. Cited by Justice Alito's plurality opinion (footnote 2), and by Justice Stevens' dissent (twice).

District of Columbia v. Heller. 554 U.S. 570 (2008). Amicus brief of the International Law Enforcement Educators and Trainers Association (ILEETA), the International Association of Law Enforcement Firearms Instructors (IALEFI), Maryland State Lodge Fraternal Order of Police, Southern States Police Benevolent Association, 29 Elected California District Attorneys, San Francisco Veteran Police Officers Association, Long Beach Police Officers Association, Texas Police Chiefs Association, Texas Municipal Police Association, New York State Association Of Auxiliary Police, Mendocino County, Calif., Sheriff Thomas D. Allman, Oregon State Rep. Andy Olson, National Police Defense Foundation, Law Enforcement Alliance of America, and the Independence Institute. Guns in the right hands enhance public safety. Cited four times in Justice Breyer's opinion.

Florida v. J.L. 525 U.S. 266 (2000). Amicus brief of the National Rifle Association and the Independence Institute. There is no "gun exception" to the Fourth Amendment's ban on searches based on unverified anonymous tips.

Printz v. United States. 521 U.S. 898 (1997). Amicus brief for the States of Colorado, Idaho, Kansas, Montana, Nebraska, South Dakota, Virginia, and Wyoming. Congress cannot order state and local officials to carry out federal checks on handgun buyers.

Other topics

Timbs v. Indiana. No. 17-1091. Sept. 11, 2018. Merits amicus brief. The Independence Institute joins a broad civil liberties coalition in an amicus brief led by the Drug Policy Alliance. The issue is whether the Eighth Amendment's Excessive Fines Clause should be incorporated against the States. The brief details modern abuses of forfeiture laws, and argues that no government can have a legitimate interest in imposing an "excessive" fine.

Hickenlooper v. Kerr. Cert. petition. No. 14-1460. Nov. 20, 2014. Cert. granted, judgment vacated. 135 S.Ct. 2927 (June 30, 2015). Amicus brief of Independence Institute, Cato Institute, and Reason Foundation. The Republican Form of Government Clause is not violated by Colorado's Taxpayer's Bill of Rights.

Joel Esquenzi and Carlos Rodriguez v. United States of America. Cert. petition. No. 14-189. Sept. 11, 2014. Amicus brief of the Washington Legal Foundation and the Independence Institute. Whether a corporation can be considered an "instrumentality" of a foreign government for purposes of the Foreign Corrupt Practices Act.

Zivotofsky v. Kerry. 135 S.Ct. 2076 (2014). Amicus brief of Kopel and other professors of constitutional and international law. Precedent and practice show that Congress has the authority to designate that particular locations will be treated as part of a particular nation, for purposes such as passport issuance, tariffs, and so on. Thus, Congress had the authority to specify by statute that passports for persons born in Jerusalem, Israel, should state the place of birth was Jerusalem, Israel.

National Labor Relations Board v. Noel Canning. 134 S.Ct. 2550 (2014). Amicus brief of the Independence Institute. Original meaning of the Recess Appointments Clause. Professor Natelson's research presented in this brief was cited several times in the four-Justice concurring opinion written by Justice Scalia.

Bakoss v. Certain Underwriters at Lloyd's of London Issuing Certificate No. 0510135. Cert. petition. No. 12-1429. July 11, 2013. Amicus brief of Independence Institute. The Federal Arbitration Act does not authorize federal courts to create federal common law about the definition of "arbitration." Contract law authority resides in the States.

Department of Health and Human Services v. State of Florida. 567 U.S. 519 (2012). Amicus brief of the Independence Institute and of the authors of The Origins of the Necessary and Proper Clause. Obamacare brief on the individual mandate. The individual mandate cannot be upheld under the Necessary and Proper Clause. Chief Justice Roberts' opinion for the Court on this issue included the first Court citation of Chief Justice Marshall's newspaper essays explicating the meaning of McCulloch v. Maryland, which we had presented in our brief.

State of Florida v. Department of Health and Human Services. 567. U.S. 519 (2012). Amicus brief of the Independence Institute. Brief on the Obamacare Medicaid mandate that states must drastically expand Medicaid eligibility, or lose all federal matching funds for Medicaid. The Medicaid mandate violates the State sovereignty principles of the Constitution.

Pleau v. United States and Chafee v. United States. Cert. petitions. Nos. 12-223, 12-230. Sept. 26, 2012. Amicus brief of Cato Institute and Independence Institute. Principles of federalism forbid the federal government from using a writ of habeas corpus ad testificandum to obtain custody of a prisoner who is serving a sentence in state prison.

Federal Election Commission v. Wisconsin Right to Life. 551 U.S. 449 (2006). Amicus brief of Coalition of Public Charities, including Independence Institute. Federal election law blackout on mentioning the names of federal candidates in the 60 day period before an election impairs public communication on policy issues.

Federal Courts of Appeal

D.C. Circuit

Wrenn v. District of Columbia. 864 F.3d 650 (D.C. Circuit. 2017). Amicus brief of legal historians. Peaceable carrying of arms was lawful in the American colonies, in the Early Republic, and in the vast majority of the United States through 1900. Cited and discussed in court's opinion striking D.C.'s excessively restrictive scheme for issuing gun carry licenses.

Seven-Sky v. Holder, 661 F.3d 1 (D.C. Cir 2011). Amicus brief of Authors of The Origins of the Necessary and Proper Clause (Gary Lawson, Robert G. Natelson & Guy Seidman) and the Independence Institute. The Obamacare individual mandate is not a constitutional exercise of congressional power under the Necessary and Proper Clause.

First Circuit

Worman v. Healey. Aug. 29, 2018. Amicus brief for 11 law professors specializing in the Second Amendment, Cato Institute, Second Amendment Foundation, Citizens Committee for the Right to Keep and Bear Arms, Jews for the Preservation Ownership, Independence Institute, and Millennial Policy Center. Massachusetts ban on common firearms and standard magazines violates Supreme Court precedent. Such arms have been traditional American arms since the 19th century. Cato Institute summary.

Second Circuit

Shew v. Malloy. 804 F.3d 242 (2d Cir. 2015). Amicus brief for S.J. Fjestad (author of The Blue Book of Gun Values and other books on firearms history) and the Center for Constitutional Jurisprudence. The history of magazines of greater than 10 rounds, and of magazine prohibition, in the United States.

Fourth Circuit

Woollard v. Gallagher, 712 F.3d 865 (4th Cir. 2013). Amicus brief of the International Law Enforcement Educators & Trainers Association, International Association of Law Enforcement Firearms Instructors, Prof. Clayton Cramer, and the Independence Institute. Social science re licensed carry.

Commonwealth of Virginia v. Sebelius. 656 F.3d 253 (4th Cir. 2011). Amicus brief on behalf of the Washington Legal Foundation and 14 law professors, including Kopel. The Obamacare individual mandate is not "proper" under the Necessary and Proper Clause.

Newsom v. Albermarle. 354 F.3d 249 (4th Cir. 2003). Amicus brief of the Independence Institute. A middle school threatened to punish a student for wearing an NRA shooting sports camp t-shirt. The shooting sports are wholesome and promote good character. Speech promoting shooting sports cannot rationally be censored in a public school.

Maryland District Court

Maryland Shall Issue v. Hogan. No. 16-cv-3311-ELH (D. Md. Oct. 5, 2018). Amicus brief of International Law Enforcement Educators and Trainers Association, International Association of Law Enforcement Firearms Instructors, Professors Randy Barnett (Georgetown), Royce Barondes (Missouri), Robert Cottrol (George Washington), Nicholas Johnson (Fordham), Donald Kilmer (Lincoln), Nelson Lund (George Mason), Joyce Malcolm (George Mason), George Mocsary (Southern Illinois), Joseph Olson (Mitchell Hamline), Glenn Reynolds (Tennessee), and Gregory Wallace (Campbell), Second Amendment Foundation, Citizens Committee For The Right To Keep And Bear Arms, Jews For The Preservation Of Firearms Ownership, Millennial Policy Center, and Independence Institute. Maryland's burdensome handgun licensing system in contrary to original understanding, history, and tradition, and cannot pass heightened scrutiny.

Fifth Circuit

United States v. Emerson. 270 F.3d 203 (5th Cir. 2001). Amicus brief of Independence Institute. The Second Amendment protects an individual right.

Seventh Circuit

McDonald v. Chicago and NRA v. Chicago. 567 F.3d 856 (7th Cir. 2009). Amicus brief of the International Law Enforcement Educators and Trainers Association, Independence Institute, the Heartland Institute, Prof. David Bordua, Prof. William Tonso, and the Law Enforcement Alliance of America. Social science shows the harm of handgun bans.

Ninth Circuit

Teixeira v. County of Alameda. 873 F.3d 670 (9th Cir. 2017) (en banc). Amicus brief for Jews for the Preservation of Firearms Ownership and the Independence Institute. County's ban on all new gun stores is invalid. The American Revolution was caused in part of British efforts to eliminate American arms commerce.

Duncan v. Becerra. 742 F. Appx. 218 (9th Cir. 2018). Amicus brief for Doctors for Responsible Gun Ownership, Independence Institute, and Millennial Policy Center. Urges affirmance of district court preliminary injunction against confiscation of standard capacity magazines. Addresses standard of review, and empirical evidence.

Peruta v. San Diego. 824 F.3d 919. (9th Cir. 2016) (en banc). Amicus brief for the International Law Enforcement Educators & Trainers Association. Explains the empirical evidence showing that licensed handgun carry strengthens public safety.

Fyock v. Sunnyvale. 779 F.3d 991 (9th Cir. 2014). Amicus brief for Gun Owners of California and the Center for Constitutional Jurisprudence. The history of magazines of greater than 10 rounds, and of magazine prohibition, in the United States.

Peruta v. San Diego, 742 F.3d 1144 (9th Cir. 2014). Amicus brief for the International Law Enforcement Educators and Trainers Association, and the Independence Institute. Details why the carrying of an unloaded handgun--which can only be loaded under "imminent" threat--is insufficient to effectuate the constitutional right of armed self-defense. Also details police interests in encouraging concealed carry rather than open carry. Includes numerous short videos to illustrate the brief's descriptions of how guns are loaded, and how they are deployed in an emergency. Same case in the District Court, 758 F.Supp.3d 1106 (S.D. Cal. 2010): amicus brief for Center for Constitutional Jurisprudence, Doctors for Responsible Gun Ownership, Law Enforcement Alliance of America, and Independence Institute. Heller and McDonald recognize the right to bear arms.

Jackson v. San Francisco, 746 F.3d 953 (9th Cir. 2013). Amicus brief of California Rifle and Pistol Association Foundation and Independence Institute. Requirement that guns at home must be locked up when they are not being carried on the person.

McKay v. Hutchens 668 Fed. Appx. 782 (9th Cir. 2012). Amicus brief of the International Law Enforcement Educators & Trainers Association, International Association of Law Enforcement Firearms Instructors, Inc., and the Independence Institute. Right to carry.

Tenth Circuit

Baca v. Secretary of State. No. 18-1173. June 27, 2018. Amicus brief for Independence Institute. States cannot compel presidential electors to vote a certain way.

Kerr v. Hickenlooper, 744 F.3d 1156 (10th Cir. 2014). Amicus brief for Cato Institute and Independence Institute. The Colorado Taxpayer's Bill of Rights provisions for direct democracy are consistent with the original meaning of the Republican Form of Government Clause. Amicus brief in the District Court.

Eleventh Circuit

Florida v. United States Department of Health and Human Services. 648 F.3d 1235 (11th Cir. 2011). Amicus brief of the Independence Institute. Explains the original meaning of the Necessary and Proper Clause, and why the individual mandate is neither "necessary" nor "proper."

State Courts

Chiafalo v. Washington. No. 953-47-3. Dec. 5, 2018. Washington Supreme Court. Amicus brief of Independence Institute. Based on original public meaning of Article II and the Twelfth Amendment, presidential electors are free to vote their conscience, and cannot be constrained by state law.


RMGO v. Polis. No. 2018SC817. June 3, 2019. Colorado Supreme Court. Amicus brief of Colorado Law Enforcement Firearms Instructors Association, 32 County Sheriffs, and the Independence Institute. The ban on magazines over 15 rounds harms public safety and law enforcement. Motion for leave to file amicus brief.

Colorado Department of Labor v. Dami Hospitality. No. 17SC200. July 2, 2018. Colorado Supreme Court. Amicus brief of the Cato Institute and the Independence Institute. The Excessive Fines Clause of the Eighth Amendment does not have a loophole allowing excessive fines against corporations.

RMGO v. Hickenlooper. No. 2017CA1502, 2018 WL 5974555. (Colo. App. 2018). Amicus brief for Colorado Law Enforcement Firearms Instructors Association; Sheriffs Chad Day (Yuma County), Steve Reams (Weld), Shannon K. Byerly (Custer), and Sam Zordel (Prowers); and the Independence Institute. Why Colorado's magazine ban endangers public safety.

Taxpayers for Public Education v. Douglas County School District. 351 P.3d 461 (Colo. 2015), judgment vacated 137 S.C. 2323 (June 27, 2017). Amicus brief for the Independence Institute and the Friedman Foundation for Educational Choice. Covers empirical and social science issues of school choice..

Regents of the University of of Colorado v. Students for Concealed Carry on Campus. 271 P.3d 496  (Colo. 2012). Amicus brief for the County Sheriffs of Colorado and the Independence Institute. Licensed carry on campus promotes public safety. Discussed by Justice Hobbs during oral argument.

Robertson v. Denver 874 P.2d 325 (Colo. 1993). Colorado Attorney General reply brief in district court. Colorado Attorney General answer brief in Colorado Supreme Court. Later proceeding, 978 P.2d 156 (Colo. App. 1999) (brief for plaintiffs, with Stephen Halbrook). Denver's "assault weapon" ban.


People v. Vivian Claudine Brown. (Ill. 2019). Amicus brief on behalf of State’s Attorneys Stewart J. Umholtz and Brandon J. Zanotti, Professors Of Second Amendment Law, Firearms Policy Coalition, Firearms Policy Foundation, Citizens Committee For The Right To Keep And Bear Arms, Millennial Policy Center, Independence Institute, and Carlisle Moody. Illinois FOID licensing law for firearms possession cannot be applied to peaceable possession of a lawful gun on one's own property by a person who is not prohibited from owning guns.

People v. Aguilar. 2 N.E.3d. 321 (Ill. 2013). Amicus brief of Professors Michael O'Shea, Nicholas Johnson, and David Kopel. Illinois's complete prohibition of defensive carry in public places violates the Second Amendment.

Citations in State Courts


Bolden v. State, 205 So.3d 739, 749 n.2 (Ala. Ct. Crim. App. 2015) (Welch, J., dissenting).


People v. Genel, B269297, 2018 WL 1919053 *11 (Cal. App., 2d Dist, Apr. 24, 2018) (Lench, J.).

Kasler v. Lockyer, 23 Cal. 4th 472, 510, 97 Cal.Rptr.2d 334, 360 (Cal. 2000) (Janice Rogers Brown, J., concurring).

Kasler v. Lungren, 72 Cal. Rptr. 2d 260, 265 (Cal. App. 1998) (Morrison, J.).


Rocky Mountain Gun Owners v. Hickenlooper, 371 P.3d 768, 784 (Colo. App., 2016) (Graham, J., dissenting).

Students for Concealed Carry on Campus v. Regents of University of Colorado, 280 P.3d 18, 25 (Colo. App. 2010) (Hawthorne, J.).


State v. DeCiccio, 315 Conn. 79, 121-22, 128 n.34, 133-34; 105 A.3d 165, 193, 197 n.34, 200 (2014) (Palmer, J.).


Bridgeville Rifle & Pistol Club v. Small, 176 A.3d 632, 651 n.97 (Del. 2017) (Valihura, J.).

District of Columbia

Gamble v. United States, 30 A.3d 161, 161 n.7 (D.C. App. 2011) (Fisher, J.).


State v. Mendoza, 82 Hawai'i 143, 146 n.4, 920 P.2d 357, 360 n.4 (Haw. 1996) (Klein, J.).


People v. Chairez, 104 N.E.3d. 1158, 1169 n.3 (Ill. 2018) (Karmeier, C.J.).

New Hampshire

Bach v. New Hampshire Department of Safety, 143 A.3d 246, 252, 169 N.H. 87, 93 (N.H. 2016) (Bassett, J.).

New York

People of the State of New York v. Anthony Trowells, no. 3015/2013 (Aug. 4, 2014; Supreme Court, Bronx County, Part 92) (Justice Troy Webber).


Oregon v. Christian, 274 P.3d 262, 280 n.15, 249 Or. App. 1, 32 n.15 (Or. Ct. App., 2012) (Edmonds, J., dissenting).

Oregon v. Hirsch, 338 Or. 622, 657, 114 P.3d 1104, 1123 (Ore. 2005) (Durham, J.).

Rhode Island

Mosby v. Devine, 851 A.2d 1031, 1040 (R.I. 2004) (Williams, C.J.).


Seattle v. Evans, 366 P.3d 906, 914 n.10, 919, 926, 184 Wash.2d 856, 871 n.10, 883, 896 (Wash. 2015) (by both majority and dissent).

State v. Schelin, 147 Wash.2d 562, 588, 5 P.3d 632, 645 (Wash. 2002) (Justice Sanders, dissenting).


State v. Herrmann, 873 N.W.2d 257,262, 366 Wis.2d 312, 323 (Wisc. App. 2015) (Stark, P.J.).

Wisconsin v. Fisher, 290 Wis.2d 121, 154 n.6, 714 N.W.2d 495, 511 n. 6 (Wisc., May 17, 2006) (Crooks, J., dissenting).

State v. Hamdan, 264 Wis.2d 433, 467 n. 23, 665 N.W.2d 785, 802 n. 23 (Wisc. 2003) (Prosser, J.).


Pagel v. Franscell, 57 P.3d 1226, 1234 (Wy. 2002) (Golden, J., specially concurring).

Citations in Federal Courts

United States Supreme Court

McDonald v. Chicago, 561 U.S. 742, 751 n.2, 888 n.31, 904 (2010). Kopel's amicus brief is cited in Justice Alito's majority opinion and twice in Justice Stevens' dissenting opinion.

District of Columbia v. Heller, 554 U.S. 570, 700-01, 710 (2008). Kopel's brief for the International Law Enforcement Educators and Trainers Association (ILEETA) and other law enforcement organizations is cited four times in Justice Breyer's dissent, examining the pro/con social science on gun ownership.

D.C. Circuit Court of Appeals

Heller v. District of Columbia (Heller II), 670 F.3d 1244, 1287 (D.C. Cir. 2011) (Kavanaugh, J., dissenting) (cite to Johnson, Kopel, Mocsary, O'Shea, Firearms Law and the Second Amendment textbook).

3rd Circuit Court of Appeals

Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, 910 F.3d 106, 112 n.7 (3d Cir. 2018) (Shwartz, J.).

4th Circuit Court of Appeals

Kolbe v. Hogan, 849 F.3d 114, 159 (2017) (en banc) (Traxler, J., dissenting).

5th Circuit Court of Appeals

United States v. Gonzalez, 792 F.3d 534, 536 (5th Cir. 2015) (Costa, J.).

7th Circuit Court of Appeals

Moore v. Madigan, 702 F.3d 933, 940, 948 (7th Cir. 2012) (majority opinion of Judge Posner, and dissenting opinion of Judge Williams).

Ezell v. City of Chicago, 651 F.3d 684, 702 n. 11 (7th Cir. 2011) (Sykes, J.) (commending Kopel article as showing the proper model of "originalist interpretive method as applied to the Second Amendment.").

United States v. Skoien, 587 F.3d 803, 806 n.2 (7th Cir. 2009) (Sykes, J.).

9th Circuit Court of Appeals

Pena v. Lindley. 898 F.3d 969, 1004 n.17 (9th Cir. 2018) (Bybee, J., dissenting).

Young v. Hawaii. 896 F.3d 1044, 1054 n.8 (9th Cir. 2018) (O'Scannlain, J.).

Teixeira v. County of Alameda, 873 F.3d 670, 693 (9th Cir. 2017) (en banc) (Tallman, J., concurring in part and dissenting in part).

Peruta v. County of San Diego, 824 F.3d 919, 937 (9th Cir. 2016) (en banc) (Fletcher, J.).

Teixeira v. County of Alameda, 822 F.3d 1047, 1054 (9th Cir. 2016) (O'Scannlain, J.).

Peruta v. San Diego, 742 F.3d 1144, 1163 (9th Cir. 2014) (O'Scannlain, J.).

Silveira v. Lockyer, 328 F.3d 567, 585 n. 92 (9th Cir. 2003) (Judge Kleinfeld, joined by Judges Kozinski, O'Scannlain, and T.G. Nelson, dissenting from denial of petition for rehearing en banc).

10th Circuit Court of Appeals

Bonidy v. United States Postal Service, 790 F.3d 1121, 1130-31 (10th Cir. 2015) (Tymkovich, J., concurring & dissenting).

United States v. McCane, 573 F.3d 1037, 1049 n.2 (10th Cir. 2009) (Tymkovich, J. concurring).

United States v. McElhiney, 275 F.3d 928, 935 n.2 (10th Cir. 2001) (Henry, J.).

District of Maryland

United States v. Hosford, 82 F.Supp.3d 660 (D. Md. 2015).

Lorenda Moody v. The ARC of Howard County, Inc., 2011 WL 2671385, *5 n.4, 94 Empl. Prac. Dec. P 44,221 (D.Md., July 07, 2011) (Judge Bredar).

Southern District of New York

United States v. Vargas, 885 F.Supp. 504, 505 n. 1 (S.D.N.Y. 1995) (Judge Vincent Broderick). An Appendix to the opinion reprints Judge Broderick's article "Flexible Sentencing and the Violent Crime Control Act of 1994" from  Federal Sentencing Reporter, Vol. 7, No. 3, November/December 1994 at pages 128-131. Kopel is cited at note 1.

Out of court statement by Judges

Fifth Circuit Court of Appeals

Justice William Pryor previously served as Attorney General for the State of Alabama. As Attorney General, he contributed the following jacket quote for Kopel's book Antitrust after Microsoft: "Against the backdrop of the Microsoft case and the volatile marketplace in the information-technology age, David Kopel brilliantly and concisely makes the case for putting consumers first by burying antitrust doctrines of monopoly power, tying arrangements, and predatory pricing.

District of Colorado

Reason, December 1999

David Kopel's article aptly demonstrates his keen analytical abilities and thorough research. Based upon the reasoning used in Rice v. Paladin, a survivor of guerrilla warfare could sue Leon Uris for writing Trinity or Exodus because they extol the excitement and effectiveness of guerrilla tactics against an established government with consequent loss of innocent lives. If one could obtain jurisdiction on the authors or editors of the Bible, I can only hazard a guess as to how many miscreants would attempt to justify their criminal behavior through their fractured readings of the Good Book.

The missing ingredient from these ridiculous decisions is the independent intervening cause that breaks the chain of circumstances leading from a book to action: the mind and judgment of the reader. The wisdom of the ages insists that responsibility for that judgment or lack thereof rests with the reader. Aside from the other dangers of censorship and thought control about which Kopel writes so well, the very essence of a civilized society, based upon the requirement that individuals are responsible for their own acts, is being desiccated by this sort of mindless pandering.

John L. Kane Jr.
Senior Judge
U.S. District Court
Denver, CO

West Virginia Supreme Court

Jacket text for Kopel's book Guns: Who Should Have Them? "Whether you're an advocate or an opponent of gun control, this engaging, thoroughly-research book presents innovative solutions to one of America's pressing social problems." Richard Neeley, retired Chief Justice, Supreme Court of West Virginia.

Citations in Law Reviews

Kopel has been cited in 959 law review articles in 350 different law journals. He has been cited by the main law journal at all of the 50 top law schools. (Based on U.S. News & World Report ranking; citations counted on 9/10/2017).

Below is a list of law reviews where Kopel has  have been cited. It includes all journals in Westlaw's JLR-PRO database. This includes some faculty-edited law journals (such as the Journal on Law and Economics), and also several practitioners journals which produce footnoted, scholarly articles, but which are not published by law schools. In the list below, most journals are cited in the simplest format (e.g., "Kentucky" rather than "University of Kentucky Law Review.")

Administrative Law Review, Akron, Alabama, Alabama Civil Rights & Civil Liberties J. Rev., Albany L.J. of Science & Technology, Alaska, American, American Bankruptcy L.J., American Criminal L. Rev., American Indian L. Rev., American J. of Criminal L. (from Univ. of Texas), American J. of Gender, Social Policy & the Law, American J. of Law & Medicine, American J. of Legal History, American U. Intl. L. Rev., Annual Survey of American Law, Annals of Health Law, Annual Survey of Int'l & Comp. L., Army Lawyer, Arizona, Arizona J. of International and Comparative L., Arizona State, Arkansas, Army Lawyer.

Baltimore, Baltimore J. Land & Developement, Barry, Berkely J. Crim. L., Boston College, Boston College Environmental Affairs, Boston College International and Comparative Law Review, Boston College Third World Law, Boston Univ., Boston Univ. Public Interest Law Journal, Brooklyn, Brooklyn J. Intl. L., Buffalo, Buffalo Human Rights, BYU, BYU Education. & L.J., BYU J. Public Law.

California (Berkeley), Campbell, Capital, Cardozo, Cardozo Arts and Entertainment, Cardozo J. of Conflict Resolution, Cardozo J. Intl. & Comp. L., Cardozo J. of L. & Gender, Case Western, Case Western Reserve Journal of International Law, Catholic, Cato Supreme Court Rev., Champion  (National Association of Criminal Defense Lawyers), Chapman, Chicago, Chicago-Kent, Chicago-Kent Journal of International and Comparative Law,  Cincinnati, Cleveland State, Colorado, Colorado Lawyer (Colorado Bar Association), Columbia, Columbia J. Envtl. L., Columbia J. of Gender & Law, Colombia J.L. & Social Problems, Columbia J. of Transnational L., Connecticut, Connecticut Public Interest L.J., Constitutional Commentary (faculty-edited, from Univ. of Minn.), Cornell, Cornell Intl. L.J., Cornell J.L. & Pub. Pol'y, Creighton, Creighton Int'l & Comp. L.J., Cumberland.

Davis (Univ. of Cal.), Davis J. International L. & Pol., Dayton, Defense Counsel Journal, Denver, Denver J. of Intl. Law & Pol., DePaul Law Review, DePaul-LCA Journal of Art and Entertainment L., DePaul J. Heath Care L., Detroit-Mercy, District of Columbia Law Review, Drake, Drexel, Duke, Duke Journal of Constitutional Law & Public Policy Sidebar, Duquesne.

Ecology L.Q., Education L. Rep., Emory, Environmental & Energy Law & Policy, Environmental Law.

Federal Lawyer, Florida, Federalist Society Rev., Florida A&M, Florida Coastal L. Rev., Florida J. of Law & Public Policy, Florida State, Fordham, Fordham Intellectual Property Media & Entertainment L.J., Fordham International L.J., Fordham Urban LJ.

George Mason, George Mason U. Civil Rights L.J., George Washington, Georgetown, Georgetown Intl. Enviro. L. Rev., Georgetown J. Gender & the Law, Georgetown J. Intl. L, Georgetown J.L. & Pub. Poly., Georgetown Journal of Legal Ethics, Georgia, Georgia J. of Intl. & Comp. L., Golden Gate U. Envtl. L.J., Gonzaga, Green Bag.

Hamline, Hamline J. of Law & Pub. Pol.; Harvard, Harvard BlackLetter L.J., Harvard J. of Law & Gender, Harvard Law & Policy Rev., Harvard J. of Law & Public Pol., Harvard J. on Legislation, Hastings, Hastings Business L.J., Hastings Constitutional L.Q., Hasting Science & Tech. L.J., Hawaii, Health Matrix: Journal of Law-Medicine, Hofstra, Houston, Houston J. of Health L. & Policy, Howard.

Idaho, Illinois, Illinois Bar J., ILSA Journal of International and Comparative Law, Indiana, Indiana Health L. Rev., Indiana J. of Global Legal Studies, International Enforcement Law Rep., International Rev. of Law and Economics, Iowa, Irvine, IUS Gentium.

John Marshall, John Marshall Journal of Computer & Information Law. Journal of Affordable Housing & Community Development L., Journal of Air Law & Commerce, Journal of Animal Law (Michigan State),Journal of Colelge & University L., Journal of Corporation L., Journal of Criminal Law and Criminology (from Northwestern), Journal of Food L. & Policy (Arkansas), Journal of Gender, Race & Justice (Iowa), Journal of High Technology Law, Journal of the Institute of Justice and International Studies, Journal of Law & Economics (faculty-edited, from U. of Chicago), Journal of Law, Economics & Policy, Journal of Law and Education, Journal of Law & Policy, Journal of Law & Religion, Journal of Legal Education, Journal of the Legal Profession, Journal Legal Med., Journal of Legal Studies, Journal of Maritime Law and Commerce, Journal of National Security Law & Policy, Journal of Technology Law & Policy.

Kansas, Kansas J. of Law & Public Policy, Kentucky, Kentucky J. Equine, Agriculture & Natural Resource L.

Law & Contemporary Problems, Law & Ethics of Human Rights, Law & History, Law & Society, Law Library J., Lewis & Clark, Liberty, Lincoln, Louisiana, Louisville, Loyola, Loyola Consumer L.Rev., Loyola of Los Angeles, Loyola Univ. of Chicago., Loyola University Chicago International Law Review.

Maine, Marquette, Marquette Sports Law, Maryland, Maryland L.J. Race, Religion, Gender & Class, Massachusetts, McGeorge, Medicine & Law, Memphis, Mercer, Miami, Miami International & Comparative, Michigan, Michigan J. Gender & L., Michigan J. of Law Reform, Michigan State, Midwest, Military L. Rev., Minnesota, Mississippi, Missouri, Montana.

Nebraska, Nevada, New Criminal L. Rev., New England J. on Civil & Criminal Confinement, New England L. Rev., New Mexico, Nevada, New York International L. Rev., New York Law Sch. J. of Human Rights, New York L.S., New York L.S. J. of Intl. & Comp. L., Nexus, North Carolina, North Carolina Central, Northern Kentucky, NYU, NYU J. Intellecutal Prop.,NYU J. Intl. L. & Politics, NYU J. of L. & Liberty, NYU Journal of Legislation and Public Policy, Northern Illinois, Northwestern, Northwestern J. of Law & Social Policy, Notre Dame, Nova.

Ohio Northern, Ohio State, Oklahoma City Univ., Oklahoma, Oregon.

Pace, Penn State, Pennsylvania, Pennsylvania J. of Constitutional Law, Pennsylvania J.L. & Social Change, Penn State; Pepperdine, Phoenix, Preview of U.S. Sup. Ct. Cases, Public Land & Resources L. Rev., Public Law, Puget Sound.


Regent, Review of Litigation, Richmond, Roger Williams, Rutgers L.J., Rutgers J. of L. & Public Policy, Rutgers J.L. & Religion, Rutgers L. Rev., Rutgers Race & the Law Rev.

San Diego, San Francisco, Santa Clara, Scholar: St. Mary's Law Review on Race and Social Justice, Seattle, Seattle J. for Social Justice,  Seton Hall, Seton Hall Constitutional L.J., Seton Hall J. Sports & Entertainment L., Seton Hall Legislative J., South Carolina, South Dakota, South Texas, Southern California, Southern Cal. Interdisciplinary L.J.; Southern Illinois, Southern U. L.R., Southern J. Policy & Jutsicee, Southwestern, St. John's, St. John's Journal of Legal Commentary, St. Louis U. Public Law Review, St. Mary's, St. Thomas, Stanford, Stanford J. Int'l L., Stanford L & Policy; Stanford Technology,
Stetson, Suffolk, Suffolk J. Trial & Appellate Advocacy, Syracuse.

Temple, Tennessee, Texas, Texas J. on Civil Liberties & Civil Rights, Texas Rev. of Law & Politics, Texas Tech, Texas Tech. Administrative L.J., Texas Wesleyan,  The Crit, Theoretical Inquiries, Thomas M. Cooley, Thomas M. Cooley J. of Practical and Clinical L., Thomas Jefferson, Toledo, Toronto, Touro International L.Rev., Tulane, Tulsa.

UCLA, UCLA J. of International Law & Foreign Affairs, UCLA Entertainment L. Rev., UMKC, Utah.

Valparaiso, Vanderbilt, Vanderbilt J. of Transnational L., Vermont, Villanova, Virginia, Virginia J. of Social Policy & the Law, Virginia Tax Rev.

Wake Forest, Washburn, Washington U., Washington U. J. of Law & Policy, Washington & Lee, Washington and Lee Journal of Civil Rights and Social Justice, West Virginia, Western New England L.Rev., Whittier, Widener, William & Mary, William & Mary Bill of Rights J., William Mitchell L.Rev.,  Wisconsin, Women's Rights Law Reporter, Wyoming.

Yale, Yale J. of International Law, Yale J. Regulation, Yale J. of Law & the Humanities, Yale Law & Policy.

Other Journals (partial list)

American Behavioral Scientist, The American Review of Public Administration, The ANNALS of the American Academy of Political and Social Science, Communications and the Law, Forum for Applied Research and Public Policy, The Future of Children, Human Security Journal/Revue de Sécurité Humaine, Journal of Public Health Policy, Journal of Peace Research, Medical Sentinel, Men and Masculinities, Public Administration Review, Social Theory and Practice, Sociological Review, Theological Studies.

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