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In reality, only wealthy individuals or organizations can make effective use of the initiative even today. [read post]
13 Mar 2019, 9:01 pm by Vikram David Amar
He is a 1988 graduate of the Yale Law School and a former clerk to Justice Harry Blackmun. [read post]
10 Mar 2016, 9:01 pm by Vikram David Amar
He is a 1988 graduate of the Yale Law School and a former clerk to Justice Harry Blackmun. [read post]
13 Aug 2015, 9:01 pm by Vikram David Amar
As someone who teaches and writes about procedures used by government, I appreciate that procedural systems are often designed with the hard cases, and not just the easy cases, in mind, and that it may be difficult for a variety of reasons to treat particular individuals or departments differently from others. [read post]
29 Nov 2022, 4:30 am by Emma Snell
Annie Grayer, Zachary Cohen, Jamie Gangel and Sara Murray report for CNN. [read post]
11 Feb 2016, 9:01 pm by Vikram David Amar
Supreme Court does not sit as a forum for error correction in individual cases, it was justified in granting review in this case to reverse. [read post]
22 May 2019, 9:01 pm by Vikram David Amar
” Yet, consistent with the Court’s general focus on the big picture and not on protecting individual litigants, these “case-specific costs are not among the reliance interests that” count in deciding whether the Court should “adhere to an incorrect resolution of an important constitutional question. [read post]
31 Jul 2014, 9:01 pm by Vikram David Amar
On the first question, Justice Alito reasons quite broadly, and rests statutory protection for Hobby Lobby on the ground that a for-profit closely held corporation is itself a “person” capable of the “exercise of religion” under RFRA (rather than resting protection on the idea that the persons whom RFRA protects are the owners of a corporation, and the fact that Hobby Lobby’s owners are operating through the corporate form should not strip them of the statutory… [read post]
20 Jun 2013, 9:01 pm by Vikram David Amar
  In the DOMA case, there seemed at oral argument to be some support among the Justices to invalidate the challenged provision of DOMA without imposing same-sex marriage on unwilling states (by relying to some extent on federalism rather than individual rights), and I think in the Proposition 8 case the Court will also look to act as minimally as reasonably possible. [read post]
4 Feb 2016, 9:01 pm by Vikram David Amar
He is a 1988 graduate of the Yale Law School and a former clerk to Justice Harry Blackmun. [read post]
4 May 2017, 9:01 pm by Vikram David Amar
He is a 1988 graduate of the Yale Law School and a former clerk to Justice Harry Blackmun. [read post]
26 Jan 2017, 9:01 pm by Vikram David Amar
As troubling as it is in some settings when government forces private actors to be the vessel for government’s message, those situations (assuming outside observers know the message is the government’s and not the private individual’s) raise different and fewer First Amendment concerns than situations in which government prohibits private actors from speaking for themselves (as in the Philadelphia case.)Moreover, in most settings where government bans (either directly or… [read post]
14 Jul 2016, 9:01 pm by Vikram David Amar
” He is the one who can render moot any pending or future federal prosecutions (even prior to indictment—more on that later) by pardoning individuals. [read post]
8 Mar 2017, 9:01 pm by Vikram David Amar
Legal magazines have recently been reporting on a spate of legislative proposals in various states that seek, albeit in different ways, to give legislatures increased power to interpret and implement the Constitution in the face of judicial rulings with which the legislators may disagree. [read post]
19 Jun 2014, 9:01 pm by Vikram David Amar
While it is rare for the Court to overrule a past decision that had recognized an individual right or limited state power—it is more common, as in Brown v. [read post]
10 Dec 2015, 9:01 pm by Vikram David Amar
He is a 1988 graduate of the Yale Law School and a former clerk to Justice Harry Blackmun. [read post]
10 Feb 2023, 4:09 am by Emma Snell
Zachary Cohen and Paula Reid report for CNN. [read post]
11 Apr 2017, 3:01 pm
  It focuses on the individual within a collective that is not the state. [read post]
28 Feb 2013, 9:01 pm by Vikram David Amar
  (Remember, for instance, the Affordable Care Act case, in which the challenged individual mandate would not take effect until 2014, and yet standing was not a barrier.) [read post]
31 May 2018, 9:01 pm by Vikram David Amar
The release date and home and work address information is relevant to the feds because the feds may themselves want to detain and deport noncitizen individuals for federal immigration or federal criminal violations upon release from state facilities. [read post]