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27 Apr 2022, 9:01 pm
Supposedly, this would have created enough time for Republican-led state legislatures to certify slates of Trump electors in states that Joe Biden won—relying on a constitutionally flawed theory that my Verdict colleague Vikram Amar recently debunked at length.The underlying idea, however, did not in fact rely on creating rogue slates of electors at all. [read post]
18 Apr 2022, 7:46 am
From SSRN:Rafael Domingo Osle, Toward a Global Canon Law Centred on the Human Person, (March 4, 2022).Surya Prabhat Pali, Balancing Environment and Religion: An Analysis of the Judicial Approach, (Issue 37, Lex Terra 2022).Alan Edward Brownstein & Vikram D. [read post]
20 Mar 2022, 9:01 pm
One shouldn’t push the cases too far because (as Amar noted in his critique of them) members of the U.S. [read post]
16 Mar 2022, 9:01 pm
U.S. [read post]
13 Mar 2022, 9:01 pm
As I explained in the earlier Parts and in more depth in a co-authored article (with Akhil Amar) viewable on SSRN here, ISL theory is deeply flawed and unconvincing as a matter of original understandings (see Part One), the actions and intentions of state legislatures themselves, and recent Supreme Court case law (see Part Two).In today’s installment I want to look back a bit more at the Court’s decisions last week not to grant relief to the North Carolina and… [read post]
8 Mar 2022, 9:31 am
I wanted to call attention to one such forthcoming piece by Akhil Amar and Vikram Amar condemning the doctrine. [read post]
7 Mar 2022, 9:01 pm
Immediately prior to taking the position at Illinois in 2015, Amar served [read post]
6 Mar 2022, 9:01 pm
As my co-author (Akhil Amar) and I discuss in an Article forthcoming in The Supreme Court Review (a draft of which is available on SSRN here), recent attention concerning ISL theory may have been generated by members of the Supreme Court itself; four Justices, drawing on arguments advanced in the Bush v. [read post]
3 Mar 2022, 9:01 pm
As my co-author (Akhil Amar) and I elaborate in an Article forthcoming in The Supreme Court Review (a draft of which is available on SSRN here), four Justices, drawing on arguments advanced in the Bush v. [read post]
1 Mar 2022, 9:00 pm
As my co-author (Akhil Amar) and I explain in great detail in an Article forthcoming in The Supreme Court Review (a draft of which is available on SSRN here), the ISL theory has its “modern” origins in the Bush v. [read post]
28 Feb 2022, 9:00 pm
My series of columns here borrows heavily from a longer and much more thorough Article co-authored with Akhil Amar (my brother and fellow constitutional law professor) that forthcoming in The Supreme Court Review. [read post]
31 Jan 2022, 6:00 am
Professors Akhil Reed Amar and Vikram David Amar have put forward an Intermediate View: the elected President is an "officer of the United States," but members of Congress are not. [read post]
26 Jan 2022, 9:01 pm
As Dean Vikram Amar observed here on Verdict in the summer of 2019 on the twenty-fifth anniversary of Breyer’s appointment, he was too far back in line for the best assignments. [read post]
22 Nov 2021, 9:01 pm
About three weeks ago, on November 5, the federal Occupational Safety and Health Administration (OSHA), invoking its statutory authority, issued an Emergency Temporary Standard (ETS) that provides that every U.S. employer with 100 or more employees must “develop, implement, and enforce a mandatory COVID-19 vaccination policy” for workers, and require any workers who remain unvaccinated to undergo weekly testing and wear a face mask. [read post]
19 Nov 2021, 7:26 am
[Doubts about the Presidential Succession Act remain in light of a 1995 article by Akhil Reed Amar and Vikram Amar.] [read post]
3 Oct 2021, 1:33 pm
Professor Vikram David Amar wrote in 2004 that Justice Stevens’ position is “quite scary” and could result in a Catch-22 for plaintiffs: “Give up an activity that they believe (and a district court agrees) is constitutionally protected, or risk criminal prosecution down the road if the district court is reversed. [read post]
3 Oct 2021, 1:33 pm
Professor Vikram David Amar wrote in 2004 that Justice Stevens’ position is “quite scary” and could result in a Catch-22 for plaintiffs: “Give up an activity that they believe (and a district court agrees) is constitutionally protected, or risk criminal prosecution down the road if the district court is reversed. [read post]
1 Oct 2021, 5:59 am
The best available debunking of the independent state legislature theory is in a draft paper by University of Illinois College of Law Dean Vikram Amar. [read post]
30 Sep 2021, 7:07 pm
“Some Hard Thought-Experiment Questions for Both Sides of the Abortion Debate”: Law professors Vikram David Amar and Alan E. [read post]
27 Sep 2021, 9:01 pm
The right of abortion is one of the most contentious political and legal issues in the United States today. [read post]
