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26 Feb 2015, 9:01 pm by Vikram David Amar and Kevin R. Johnson
Over the next month or two, tens of thousands of admitted applicants will make decisions about which law schools to attend. [read post]
3 Sep 2018, 9:01 pm by Vikram David Amar
The team, headed by Mary Jo White (a partner at the law firm of Debevoise and Plimpton and a former United States Attorney and Chair of the Securities and Exchange Commission) and David Saratt (Senior Chair of Debevoise and a former Assistant United States Attorney), in concluding that Coach Meyer’s false statements were not deliberate, intimated instead that the statements may have been the product of “memory issues [even as to matters on which he had] prior extensive knowledge… [read post]
3 Oct 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
And membership changes have continued to influence doctrinal developments in fundamental areas of constitutional law: When one of us (Amar) graduated from law school in 1988, the Court was deferential to exercises of federal power. [read post]
16 Apr 2023, 9:02 pm by Vikram David Amar and Jason Mazzone
But for a recent example of the problems that arise when people speak before thinking these issues through, see this prior column that one of us (Amar) wrote.4. [read post]
10 Aug 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
A recent column in the New York Times entitled “Defying the Supreme Court,” by noted and Pulitzer-prize winning journalist David Leonhardt, exemplifies the problem. [read post]
24 Mar 2016, 9:01 pm by Vikram David Amar and Michael Schaps
When doctors consider whether to administer a particular medical treatment, they have to balance the treatment’s efficacy (that is, how likely the treatment is to help the patient, and by how much) against negative side effects (that is, how likely the treatment is to harm the patient, and how badly). [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]
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]
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]
7 Sep 2017, 9:01 pm by Vikram David Amar
In my last column, I began analyzing a recent plan by Silicon Valley billionaire investor Tim Draper to break up California into three separate states stemming from his view that “California’s diverse population and economies [have] rendered the state nearly ungovernable. [read post]
In our last column, we focused on the “Most Favored Nation” (“MFN”) approach to the Free Exercise Clause of the First Amendment from the vantage point of protecting religious exercise as a liberty right. [read post]
21 Mar 2018, 9:01 pm by Vikram David Amar
In my last column, 2020 Election Legal Maneuvering, I described a recent lawsuit filed by some prominent lawyers and law professors challenging Texas’s use of the so-called Winner-Take-All (WTA) approach to selecting the state’s representatives to the so-called Electoral College. [read post]
20 Nov 2022, 9:00 pm by Vikram David Amar
The latest filing in the Supreme Court’s biggest pending case is a perfect illustration of how not to do serious originalism.The case, Moore v. [read post]
19 May 2016, 9:01 pm by Vikram David Amar
Here they (or we, depending on point of view) go again—yet another complicated lawsuit seeking to mortally wound the Affordable Care Act (popularly known as Obamacare) is wending its way through the federal courts. [read post]
1 Jul 2019, 9:01 pm by Vikram David Amar
As is typical, the Supreme Court this year delivered some of its biggest rulings at the end of the term. [read post]
5 Dec 2013, 9:01 pm by Vikram David Amar
Yesterday the Federalism Working Group of the American Legislative Exchange Council (ALEC)—an influential and generally conservative policy-oriented institution that offers template legislation for state governments to consider adopting—was scheduled to meet to consider, among other things, a proposal that would empower state legislatures to add candidates to general election ballots for the office of United States Senator. [read post]
One of the vexing legal questions raised by President Trump’s original and revised executive orders concerning entry into the United States by nationals of several Middle Eastern and African countries is whether and how courts ought to take into account the subjective motives behind the executive order, whether or not these motives are reflected in the text of the orders themselves. [read post]