Article on Heller incorporation
At SSRN. One of the core ideas is interesting to us grunts in the trenches who have to persuade courts -- that a right can be incorporated, yet not identical at State and Federal levels. The idea of "reasonable regulation," that is to say, may be more like "shall not be infringed" at the Federal level, and "reasonable regulation (subject to strict standards)" at the State level.
Understand, from the standpoint of those in the legal trenches, that you are trying to work out theories that can persuade judges at home on the driving range but not the rifle range, who associate guns with the latest newspaper article about crackheads shooting at each other instead of with shooters who are ashamed to get a moving violation, and live in gated communities where the closest approach to self defense is complaining about the golf ball that hit your windshield...
UPDATE: Effect of the election. (1) The Solicitor General will certainly file a brief, in any case that gets to the Supremes, opposing incorporation. An SG's brief gets more consideration than briefs by other folks. He might also file a motion to argue it, as he did in Heller. (2) In the longer term, Obama's going to be appointing Justices. The most likely to retire is Stevens, next to him Ginsberg. They both dissented in Heller, so those wouldn't change the vote count. The Heller majority was from the younger end of the Court. The risk is that young here means 70 or less, and there's always risk of a heart attack or cancer taking out one of the five over the next 4 years.