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Articles by Patrick J. Charles
“The Second Amendment and Heller’s ‘Sensitive Places’ Carve Out Post-Rahimi: A Historiography, Analysis, and Basic Framework,” 58 UIC Law Review _ (forthcoming 2025).
"The Long Fight to Achieving Military Integration," Air Force Historical Research Agency, Feb. 2023.
“But for a Free Press: A Response to Press Freedom Skeptics,” 33 William & Mary Bill of Rights Journal _ (forthcoming 2025).
"The Faces of the Second Amendment Outside the Home, Take Three: Critiquing the Circuit Courts Use of History-in-Law," 67 Cleveland State Law Review 197 (2019).
"The Second Amendment and the Basic Right to Transport Firearms for Lawful Purposes," 13 Charleston Law Review 123 (2018).
"Forgotten Emblems of the World War II Air Commandos," 6 Air Commando Journal 43 (2018).
"Dissecting the Origins of Air-Centric Special Operations Theory," 81 Journal of Military History 803 (2017).
"The Call to Embrace Immigration Federalism in the United States," 30 Journal of Immigration, Asylum, and Nationality Law 353 (2016).
"The Faces of the Second Amendment Outside the Home, Take Two: How We Got Here and Why It Is Important," 64 Cleveland State Law Review 373 (2016).
"Finding History: How Captain Cortez Enloe's Journal Sheds New Light on the History of the World War II Air Commandos and Operation THURSDAY," 3 Air Commando Journal 11 (2015).
"The "Originalism is Not History" Disclaimer: A Historian's Rebuttal," 63 Cleveland State Law Review Et Cetera 1 (2015).
"The Second Amendment in the Twenty-First Century: What Hath Heller Wrought?," 23 William & Mary Bill of Rights Journal 1143 (2015).
"Weighing the Constitutionality of State Immigration Verification Laws in the Wake of Arizona v. United States," 27 Journal of Civil Rights and Economic Development 441 (2014).
"The Sudden Embrace of Executive Discretion in Immigration Law," 55 Washburn Law Journal 59 (2015).
"The Second Amendment and Militia Rights: Distinguishing Standard Model Legal Theory from the Historical Record," 40 Fordham Urban Law Journal City Square 1 (2013).
"History in Law, Mythmaking, and Constitutional Legitimacy," 63 Cleveland State Law Review 23 (2014).
"Historical Reflections on the Beginnings of an Air Commando Theory," 2 Air Commando Journal 9 (2013).
"The Statute of Northampton by the Late Eighteenth Century: Clarifying the Intellectual Legacy," 40 Fordham Urban Law Journal City Square 10 (2013).
"Decoding the Fourteenth Amendment’s Citizenship Clause: Unlawful Immigrants, Allegiance, Personal Subjection, and the Law," 51 Washburn Law Journal 211 (2012).
"Recentering Foreign Affairs Preemption in Arizona v. United States: Federal Plenary Power, the Spheres of Government, and the Constitutionality of S.B. 1070," 60 Cleveland State Law Review 133 (2012).
"The Faces of the Second Amendment Outside the Home: History Versus Ahistorical Standards of Review," 60 Cleveland State Law Review 1 (2012).
"Saving the Press Clause From Ruin: The Customary Origins of a “Free Press” as Interface to the Present and Future,"
2012 Utah Law Review 1691 (2012) (co-authored with Kevin Francis O'Neill).
"Restoring “Life, Liberty, and the Pursuit of Happiness” in Our Constitutional Jurisprudence: An Exercise in Legal History," 20 William & Mary Bill of Rights Journal 457 (2011).
"The Second Amendment in Historiographical Crisis: Why the Supreme Court Must Reevaluate the Embarrassing “Standard Model” Moving Forward," 39 Fordham Urban Law Journal 1727 (2012).
"Representation Without Documentation?: Unlawfully Present Aliens, Apportionment, the Doctrine of Allegiance, and the Law," 25 BYU Journal of Public Law 35 (2011).
"The Constitutional Significance of a “Well-Regulated Militia” Asserted and Proven and Commentary on The Future of Second Amendment Jurisprudence," 3 Northeastern Law Journal 1 (2011).
"Scribble Scrabble, the Second Amendment, and Historical Guideposts: A Reply to Lawrence Rosenthal and Joyce Lee Malcolm," 105 Northwestern University Law Review 1821 (2011).
"The 1792 National Militia, the Second Amendment, and Individual Militia Rights: A Legal and Historical Perspective," 9 Georgetown Journal of Law & Public Policy 323 (2011).
"The Plenary Power Doctrine and the Constitutionality of Ideological Exclusions: A Historical Perspective," 15 Texas Review of Law & Politics 61 (2010).
"The Second Amendment Standard of Review After McDonald: Historical Guideposts and the Missing Arguments in McDonald v. City of Chicago," 2 Akron Law Journal of Constitutional Law & Policy 7 (2011).
"Originalism, John Marshall, and the Necessary and Proper Clause: Resurrecting the Jurisprudence of Alexander Addison," 58 Cleveland State Law Review 529 (2010).
"The Right of Self-Preservation: A True Legal and Historical Understanding of the Anglo-American Right to Arms," 2010 Cardozo Law Review De Novo 18 (2010).
"'Arms for Their Defence'? A Historical, Legal and Textual Analysis of the English Right to Have Arms and Whether the Second Amendment Be Incorporated in McDonald v. City of Chicago," 57 Cleveland State Law Review 351 (2009).
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