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26 Jun 2019, 9:01 pm by Vikram David Amar
As the anti-federalist historian Herbert Storing has eloquently stated, “[t]he question was not fundamentally whether the lack of adequate provision for jury trial would weaken a traditional bulwark of individual rights (although that was also involved) but whether it would fatally weaken the role of the people in the administration of government. [read post]
24 Aug 2017, 9:01 pm by Vikram David Amar
It is often (and rightly) said today that there are many people and forces working to divide America. [read post]
So, for example, when a public-figure plaintiff sues a magazine under the state tort law of defamation, the defendant can properly invoke the First Amendment as a defense, even though the plaintiff is a private individual rather than the government, because the plaintiff is relying on state-adopted tort law for his claim. [read post]
19 May 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
And resetting the default today for implementation later is, from the point of view of the legislature, moving the ball forward.Is there any way for a legislature to capitalize on current legislative momentum to regulate in ways that are not currently permissible but that may be down the road, without infringing the rights of individuals who shouldn’t have to expend resources to invalidate the measures in the near term? [read post]
7 Feb 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
Instead, it describes three groups of members FASORP is representing (and says there exists at least one individual in each group). [read post]
13 Jan 2011, 2:52 pm by Michael Markarian
Gary Ackerman, D-N.Y., co-signed by 40 of his colleagues, reinforced the request, as did the letters of more than 50,000 individuals. [read post]
A closely-held corporation like Hobby Lobby that is not publicly traded, and that is owned by a small number of actual individuals, does so as well. [read post]
13 Feb 2013, 9:01 pm by Vikram David Amar
In about six weeks, the Supreme Court will hear oral argument in two potentially blockbuster same-sex marriage cases. [read post]
30 Jul 2015, 9:01 pm by Vikram David Amar
This system, with enough states as signatories, would generally mean that the winner of the presidential contest would be the person who had won the largest number of votes from individual voters nationwide. [read post]
22 Sep 2016, 10:00 am by Michael Grossman
Other states may be working on similar legislation, but let’s not yet proclaim the doom of individual freedom. [read post]
The lawsuit questions whether Colorado’s public accommodations law—which prohibits covered persons from withholding goods, services, or facilities from an individual or group based on, among other things, sexual orientation—violates the First Amendment when it is applied against someone who refuses to create custom wedding cakes for same-sex wedding celebrations because doing so would violate the baker’s sincerely held religious beliefs.The petitioner Jack Phillips,… [read post]
17 Jun 2019, 9:01 pm by Vikram David Amar
State resources—including the time and information of state employees—are owned by the state, and not by individual employees. [read post]
Even if DOE’s documents asserting its view that refusal to permit transgender individuals bathroom choice constitutes sex discrimination under federal law are legally flawed, that does not mean that its view of the meaning of sex discrimination law is wrong. [read post]
19 Oct 2017, 9:01 pm by Vikram David Amar
There have been countless lawsuits filed over the last nine months—by states, cities, individuals, public interest groups, and others—challenging Trump administration actions and policies. [read post]
12 Feb 2015, 9:01 pm by Vikram David Amar
(I should point out here that individuals who violate federal court orders are generally punishable for contempt even when the federal court orders themselves go too far and are later determined to be illegal.) [read post]
21 Mar 2018, 9:01 pm by Vikram David Amar
”In essence, the complaint asserts, because members of some identifiable groups never (in recent years) succeed in electing any presidential electors from Texas, these individuals are not having their votes count equally compared to the voters who are consistently winning in the state.What are we to make of this claim that some peoples’ votes are being “magnified” while other peoples’ votes are being “discarded”? [read post]
31 Oct 2018, 9:01 pm by Vikram David Amar and Jason Mazzone
This three-part series looks at intriguing constitutional questions raised by California’s statutory enactment of SB 826, which requires publicly held corporations with principal executive offices located in California to have a prescribed number of women on their boards of directors. [read post]
17 Oct 2015, 4:01 pm by Bill Marler
Some individuals with reactive arthritis may develop heel spurs, bony growths that cause chronic foot pain. [read post]