Dowlut & Beard, Attorneys


Academic writing

The Second Amendment to the United States Constitution Guarantees an Individual Right to Keep and Bear Arms
Report of Senate Subcommittee on the Constitution, 97th Cong. 2nd Session, p. 83, February 1982.
authors: James J. Featherstone, Richard E. Gardiner, and Robert Dowlut.


State Constitutions and the Right to Keep and Bear Arms
7 OKLA. City U. L. REV. 177 (1982).
authors: Robert Dowlut and Janet A. Knoop.
Cited in State v. Comeau, 448 N.W.2d 595 (Neb. 1989); State ex rel. City of Princeton v. Buckner, 377 S.E.2d 139 (W. Va. 1988); State v. Hamdan, 665 N.W. 2d 785 (Wis. 2003); Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).


The Right to Arms: Does the Constitution or the Predilection of Judges Reign?
36 OKLA. L. REV. 65 (1983).
author: Robert Dowlut.
Cited in United States v. McCane, 573 F.3d 1037 (10th Cir. 2010); United States v. Emerson, 270 F.3d 203 (5th Cir. 2001); Tyler v. Hillsdale Co. Sheriff's Dept., 775 F.3d 308 (6th Cir. 2014); Posey v. Commonwealth, 185 S.W. 2d 170
(Ky. 2006); State v. Hirsch, 114 P.3d 1104 (Ore. 2005); Gamble v. United States, 30 A.3rd 161 (D.C. 2011); State v. Jorgenson, 312 P.3d 960 (Wash. 2013). Cited in Laurence H. Tribe's Vol. I of AMERICAN CONSTITUTIONAL LAW (Foundation Press, N.Y., N.Y. 2000) at page 897 n. 211.

The Current Relevancy of Keeping and Bearing Arms
15 U. BALT. L. F. 32 (1984).
author: Robert Dowlut.


Federal and State Constitutional Guarantees to Arms
15 U. DAYTON L. REV. 59 (1989).
author: Robert Dowlut.


The 2nd Amendment: To Keep and Bear Arms
SAN FRANCISCO BARRISTER LAW JOURNAL, Vol. 8, No. 12, Dec. 1989.
author: Robert Dowlut.


Bearing Arms in State Bills of Rights, Judicial Interpretation, and Public Housing
5 ST. THOMAS L. REV. 203 (1992).
author: Robert Dowlut.


The Right to Keep and Bear Arms in State Bills of Rights and Judicial Interpretation
5 JOURNAL ON FIREARMS & PUBLIC POLICY 153 (1993).
author: Robert Dowlut.


The Right to Keep and Bear Arms: A Right to Self-Defense Against Criminals and Despots (in HTML format) (in PDF format)
8 STAN. L. & POL'Y. REV. 25 (1997).
author: Robert Dowlut.
Cited in United States. v. Emerson, 46 F. Supp.2d 598 (N.D. Tex. 1999).


Murder, Self-Defense, and the Right to Arms
45 CONN. L. REV. 1685 (2013).
authors: Don B. Kates and Alice Marie Beard.


Resistance by Inferior Courts to Supreme Court's Second Amendment Decision
81 TENN. L. REV. 673 (2014).
author: Alice Marie Beard.


Gay Rights Strengthen Gun Rights
57 S. TEX. L. REV. 215 (2016).
author: Alice Marie Beard.



Brief writing

Brief in support of Florida Supreme Court decision, filed with U.S. Supreme Court in Florida v. J.L.
authors: Robert Dowlut, David B. Kopel, and Michael Lojek.
U.S. Supreme Court held that
"an anonymous tip lacking indicia of reliability ... does not justify a stop and frisk whenever and however it alleges the illegal possession of a firearm." Florida v. J.L., 529 U.S. 266 (2000).

Brief in support of defendant-appellee, filed with U.S. Court of Appeals for the Fifth Circuit in U.S. v. Emerson.
authors: Robert Dowlut and Nicholas J. Johnson.
Fifth Circuit interpreted the Second Amendment as protecting an individual right:

"It appears clear that 'the people,' as used in the Constitution, including the Second Amendment, refers to individual Americans."
United States v. Emerson, 270 F.3d 203 (5th Cir. 2001). The case was an appeal of U.S. v. Emerson, 46 F. Supp.2d 598 (N.D. Tex. 1999), which cited Dowlut's 1997 STANFORD LAW & POLICY REVIEW article in its holding that the 2nd Amendment is an individual right.

Brief in support of appellants seeking reversal, filed in the U.S. Court of Appeals for the D.C. Circuit in Parker v. D.C., filed for the NRA Civil Rights Defense Fund.
author: Robert Dowlut.
D.C. Circuit Court held that
"the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense." Parker v. D.C., 485 F.3d 380 (D.C. Cir. 2007).

Brief in support of D.C. Circuit decision, filed with U.S. Supreme Court in D.C. v. Heller.
authors: Robert Dowlut and Alice Marie Beard.
U.S. Supreme Court found that
"on the basis of both text and history ... the Second Amendment conferred an individual right to keep and bear arms." District of Columbia v. Heller, 554 U.S. 570 (2008). This case was an appeal of Parker v. D.C.

Brief in support of petitioners seeking reversal of 7th Circuit holding, filed with U.S. Supreme Court in McDonald v. City of Chicago.
authors: Don B. Kates and Alice Marie Beard.
U.S. Supreme Court held
"the Second Amendment right is fully applicable to the States." McDonald v. City of Chicago, 561 U.S. 742 (2010).


Educational seminar

RKBA Scholars Seminar
Sponsored by the NRA Civil Rights Defense Fund
January 7, 2012, Washington, D.C.


alicemariebeard@gmualumni.org