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Drug regulation encompasses the management of drug usage by evaluating its safety and efficacy through assessments conducted by regulatory authorities. Regrettably, the history of drug regulation is marred by several catastrophic events. One such incident is the Elixir Sulfanilamide tragedy, in which the toxic compound diethyl glycol was included in a sweet-tasting medication, leading to numerous fatalities. This event prompted the enactment of the Food, Drug, and Cosmetic Act in 1938. Under...
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Drug control governance involves the oversight and regulation of pharmaceuticals to ensure their safety and efficacy while preventing illegal drug use and trafficking. Regulatory bodies, including the US Food and Drug Administration (FDA) and the European Union's European Medicines Agency (EMA), play a central role in this process. These agencies evaluate the safety and efficacy of drugs before they can be marketed. They fund clinical trials and assess the benefits and risks associated with...
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Psychosurgery, the surgical alteration or permanent removal of brain tissue to alleviate severe psychological conditions, stands as one of the most radical and controversial treatments in the history of mental health care. Its development and application have evolved significantly, marked by dramatic shifts in scientific understanding and ethical perspectives.
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Humans engage in aggression when they seek to cause harm or pain to another person. Aggression takes two forms depending on one’s motives: hostile or instrumental. Hostile aggression is motivated by feelings of anger with intent to cause pain; a fight in a bar with a stranger is an example of hostile aggression. In contrast, instrumental aggression is motivated by achieving a goal and does not necessarily involve intent to cause pain (Berkowitz, 1993); a contract killer who murders for...
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According to some social psychologists, people tend to overemphasize internal factors as explanations—or attributions—for the behavior of other people. They tend to assume that the behavior of another person is a trait of that person, and to underestimate the power of the situation on the behavior of others. They tend to fail to recognize when the behavior of another is due to situational variables, and thus to the person’s state. This erroneous assumption is...
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Why Regulate Guns?

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  • 1Reva B. Siegel, J.D., M.Phil., is the Nicholas deB. Katzenbach Professor of Law at Yale Law School. Joseph Blocher, J.D., M.Phil., is the Lanty L. Smith '67 Professor of Law at Duke Law School.

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Summary

Courts often narrowly define public safety when reviewing gun laws. A broader understanding, encompassing physical safety and constitutional liberties, is crucial for effective Second Amendment jurisprudence.

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Area of Science:

  • Law and Society
  • Constitutional Law
  • Public Health

Background:

  • Courts reviewing Second Amendment cases often narrowly interpret "public safety."
  • This limited view overlooks the multifaceted nature of public safety as a social good.
  • Gun laws serve not only physical protection but also the broader exercise of constitutional liberties.

Purpose of the Study:

  • To advocate for a comprehensive understanding of public safety in Second Amendment jurisprudence.
  • To encourage courts to consider the full spectrum of interests protected by gun laws.
  • To guide lawyers and advocates in presenting richer evidence for gun regulations.

Main Methods:

  • Conceptual analysis of "public safety" in legal and social contexts.
  • Review of Second Amendment case law, including *District of Columbia v. Heller*.
  • Examination of the relationship between gun laws, physical safety, and constitutional freedoms.

Main Results:

  • "Public safety" encompasses physical security and the foundational conditions for community and liberty.
  • Gun laws protect individuals' ability to participate freely in public life.
  • A narrow judicial focus on public safety risks undermining democratic values.

Conclusions:

  • Courts must adopt a holistic approach to public safety when evaluating gun laws under the Second Amendment.
  • Recognizing the broader social and constitutional dimensions of public safety is essential.
  • Lawyers and advocates play a vital role in educating courts on these broader considerations.