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7 Dec 2014, 9:01 pm by Vikram David Amar
In Part One of this two-part series, I contended that the reading of the Obamacare statute offered by the plaintiffs in the important King v. [read post]
4 Dec 2014, 9:01 pm by Vikram David Amar
In an essay for this website a few weeks ago, my fellow columnist and friend Mike Dorf wrote about how the Obamacare statute (Act) might be in danger in the King v. [read post]
30 Nov 2014, 4:22 pm by Jarod Bona
” A superstar collection of authors—including Herbert Hovenkamp, Richard Epstein, William E. [read post]
20 Nov 2014, 9:01 pm by Vikram David Amar
Over the next few days, the California Bar announces the outcomes from the July 2014 exam. [read post]
6 Nov 2014, 9:01 pm by Vikram David Amar
He is a co-author, along with William Cohen and Jonathan Varat, of a [read post]
1 Nov 2014, 7:56 am by Randall Hodgkinson
William Barber, Jr., No. 106,911 (Cherokee)Direct appeal (petition for review); Aggravated batteryMichelle A. [read post]
23 Oct 2014, 9:01 pm by Vikram David Amar
In 1974, when Justice William Douglas’s majority opinion in one case construed the fee-setting authority of a federal agency narrowly so as to avoid nondelegation problems, Justice Thurgood Marshall wrote: The notion that the Constitution confines the power of Congress to delegate authority to administrative agencies, which was briefly in vogue in the 1930’s, has been virtually abandoned by the Court for all practical purposes . . . [read post]
’Tis the season to begin looking carefully at the Supreme Court’s 2014–2015 docket, now that the Justices have returned from their summer recess and are hearing cases again. [read post]
28 Aug 2014, 9:01 pm by Vikram David Amar
Supreme Court opinion) that “[r]atification by a State of a constitutional amendment is not an act of legislation within the proper sense of the word. [read post]
14 Aug 2014, 9:01 pm by Vikram David Amar
As the fall semester approaches and college freshmen prepare to start school, there is renewed criticism of the University of California’s decision, implemented over the last few years at all or nearly all of the system’s campuses, to increase the number and percentage of out-of-state and international college students. [read post]
31 Jul 2014, 9:01 pm by Vikram David Amar
In my last column, Part I of this Two-Part series, I argued that lower courts are justified in paying (indeed perhaps required to pay) close attention to Justice Kennedy’s concurring opinion in this summer’s blockbuster Burwell v. [read post]
17 Jul 2014, 9:01 pm by Vikram David Amar
Legal and political commentators have already spent thousands of hours on how best to understand Justice Alito’s majority opinion in Burwell v. [read post]
29 Jun 2014, 9:01 pm by Vikram David Amar
In my last column, I began analyzing SB 396, a laudable but legally questionable effort by the California legislature to repeal, by ordinary legislation, provisions of Proposition 187, a 1994 voter-enacted measure that imposed harsh restrictions on unlawful immigrants in the State, restrictions that have since been blocked indefinitely by a federal district court judge. [read post]
23 Jun 2014, 11:07 am
Dang; Lon Dunn; William McLaws, Trustee; Natl-electronic Residential Payment History Recording Agency; CVI; Constant Contact, Inc.; Charles Lantz; Schumacher Cargo Logistics; Eventbrite, Inc.; Celebrity Entertainment Corp.; Association of Equipment Manufacturers; Yardi Systems Inc.; DiamondIndyLimo.com; Marcelo Santos; National Rural Recruitment & Retention Network; Anbritt Stengele; Pinnacle Sports Equipment, Inc.; Marygrove College; RunAnyCity.com; Buzzle.com, Inc.; Charles… [read post]
19 Jun 2014, 9:01 pm by Vikram David Amar
In the space below, I analyze a pending effort by California lawmakers to cleanse the California statute books of (what are to my mind) some mean-spirited provisions concerning the treatment of undocumented immigrants in the State. [read post]
5 Jun 2014, 9:01 pm by Vikram David Amar
While many analysts this month are understandably focused on the blockbuster rulings that are due from the Supreme Court in June—the back end of the Supreme Court litigation process, if you will—in my column today I introduce and briefly analyze the front end of three cases on which the Court has granted review for the next Term, which begins this fall. [read post]