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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]
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]
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]
17 Jun 2019, 9:01 pm by Vikram David Amar
Last week Florida Governor Ron DeSantis signed into law SB 168, considered one of the strictest measures in the nation to prohibit state and local government entities from becoming so-called “sanctuary” jurisdictions within the state. [read post]
15 Jul 2018, 9:01 pm by Vikram David Amar
Now that Silicon Valley venture capitalist Tim Draper has submitted a sufficient number of signatures for his bid to split California into three separate states—Cal3, as it is called—to qualify for the November general election ballot, commentators are beginning to discuss the political and legal obstacles the measure faces—hurdles I flagged and analyzed in a number of Verdict columns, including here and here.Among the legal stumbling blocks currently being talked about is the… [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]
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]
3 Jan 2013, 9:01 pm by Vikram David Amar
Amid all the drama surrounding the fiscal cliff negotiations of the last few weeks, there was an important, sad, and in some respects troubling development in the U.S. [read post]
2 Jan 2014, 9:01 pm by Vikram David Amar
Silicon Valley billionaire investor Tim Draper recently unveiled a plan to divide up California into six separate states because, in his view, “California’s diverse population and economies [have] rendered the state nearly ungovernable. [read post]
22 Sep 2016, 9:01 pm by Vikram David Amar
Columns on this website that examine judicial rulings tend to focus on the very last stage of litigation—a U.S. [read post]
31 May 2018, 9:01 pm by Vikram David Amar
The tension between states and localities, on the one hand, and federal authorities, on the other, over so-called “sanctuary” jurisdictions has been one of the most politically charged federalism flashpoints since President Trump took office. [read post]
8 Oct 2015, 9:01 pm by Vikram David Amar
Last year at the Supreme Court, there was some level of drama about who would win or lose what I (and many other analysts) thought were the major cases; most people expected Justice Kennedy to join (as he did) with the more liberal Justices to recognize a national right of marriage equality for same-sex couples, but folks were less confident about the results in the Obamacare tax subsidies case and the challenge to Arizona’s independent redistricting commission, to name just a few. [read post]
In the space below, we analyze some complicated legal questions arising out of a proposed California initiative—the so-called “Sodomite Suppression Act” (SSA)—whose illegality and immorality are not complicated at all. [read post]
27 Dec 2018, 9:01 pm by Vikram David Amar
An interesting and potentially important lawsuit in federal court in Arizona is challenging the way state officials have sought to deal with the vacancy in the US Senate created by Senator McCain’s death four months ago (on August 25, 2018). [read post]
24 Jan 2019, 9:01 pm by Vikram David Amar
Last week an Alabama trial court judge (Michael Graffeo) made national news when (literally just minutes before his judicial term expired and he began retirement) he held that the Alabama Memorial Protection Act (AMPA)—which prohibits public jurisdictions within the state from altering or otherwise disturbing public monuments that have been in existence for at least forty years—violated the Fourteenth Amendment free speech and due process rights of the City of Birmingham, which sought to… [read post]