Search for: "Akhil Amar"
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31 Oct 2011, 9:30 pm
.'" Applying what Akhil Amar has called "intra-textualism," we might therefore think that while only "persons" are entitled by the Fourteenth Amendment to due process and equal protection, slavery is forbidden for all beings capable of being enslaved. [read post]
1 Feb 2011, 2:32 pm
” This history has been told lately in superb works by Akhil Amar and Jack Balkin, but Vinson ignored it.Vinson’s trade theory is inconsistent with not one, but two, of Chief Justice Marshall’s landmark opinions. [read post]
26 May 2007, 2:18 pm
" Rather, on a nice Akhil Amar intratextualist reading, the reference to "legislation" instead of "bills" and the absence of any reference to the veto power plainly mean that legislation passed under the post-Civil War Amendments is not subject to the veto power. [read post]
21 Oct 2013, 3:30 pm
Judge Jacobs has cited articles written by students, judges and scholars, century-old chestnuts and brand new work, he cites celebrities like Akhil Amar and William Stuntz writing in the Harvard Law Review and the Yale Law Journal, and lesser-known scholars writing in less fancy venues. [read post]
4 Jan 2009, 4:02 pm
For a spirited defense of this approach, see this nice piece by Akhil Amar and my colleague Josh Chafetz.4) Finally, if all else fails, there's what we might call the Andrew Jackson approach--named for the President who, so the probably-false legend goes, said in response to the Supreme Court's decision in Worcester v. [read post]
10 Jul 2008, 1:55 pm
The pro-incorporation view was given powerful further scholarly support by Michael Kent Curtis starting in 1980, joined by Akhil Reed Amar, Richard Aynes, Earl Maltz, and Stephen Halbrook, among others, in the 1990s. [read post]
16 Jan 2007, 3:08 am
We can then follow Akhil Amar's contention that Article V applies to governmental initiated constitutional change and does not prevent the sovereign authority of the people from adopting a more majoritarian process. [read post]
7 Nov 2006, 8:54 am
As Akhil Amar and others have been protesting for years, the existence of the Fourth Amendment violation requires no prosecution, and the ability to obtain a remedy for such a violation should not turn at all on whether a prosecution is attempted or results in a conviction. [read post]
17 Jan 2010, 9:46 am
It is true, incidentally, that Akhil and Vikram Amar have written a wonderful article plausibly arguing that the Succession in Office Act is unconstitutional, and I believe that it is perhaps even worse than unconstitutional, i.e., monumentally stupid. [read post]
31 Jan 2022, 6:00 am
Professors Akhil Reed Amar and Vikram David Amar have put forward an Intermediate View: the elected President is an "officer of the United States," but members of Congress are not. [read post]
11 Mar 2007, 11:00 pm
(On this point Amar's book on the Bill of Rights is quite important.). [read post]
28 Jun 2023, 5:34 pm
I wrote an amicus brief in this case with Yale Sterling Professor of Law, Akhil Reed Amar and Professor Vikram D. [read post]
8 Aug 2011, 8:04 am
In fact, despite the many and passionate debates over federal power that occurred in the first century and a half of the Constitution, no one suggested that Resolution VI had any relevance at all prior to 1935 when Robert Stern first made the argument in the Harvard Law Review.The use of Resolution VI as an interpretive guide then disappeared once more until surfacing briefly in a footnote by Professor Akhil Amar in his 2005 book, America’s Constitution: A Biography. [read post]
12 Jul 2017, 3:02 am
” In 1998, Yale scholar Akhil Reed Amar also referenced Story’s remarks in Senate testimony that later appeared in a law-review article. [read post]
11 Jul 2010, 1:12 pm
In fact, some of these legal experts recommend a single term of 18 years for Supreme Court Justices, including Akhil Reed Amar and Vikram David Amar writing in Should U.S. [read post]
7 Feb 2024, 7:47 pm
Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution (1/27/24). [read post]
31 Jul 2022, 6:30 am
Amar sees the transformed Establishment reading, too, as a legacy of former federal territories; upon becoming states, they were inclined to bind themselves to the same antiestablishment language found in the national Constitution.[14]Changes in federal Indian policy were also influenced by this shifting sentiment. [read post]
17 Nov 2019, 10:10 am
In contrast, Akhil Amar maintained that “the senior associate justice might presumably fill in temporarily” during a presidential impeachment trial if the Chief Justice had resigned. [read post]
13 Mar 2023, 4:00 am
To see why, readers could do no better than to read the terrific amicus brief by law professors Akhil Amar, Vik Amar, and Steve Calabresi. [read post]
8 Jun 2022, 7:00 am
By adding amendments as “new [constitutional] texts rather than directly editing old ones,” Akhil Amar (2005, 460) has observed, “We the People have made amends without hiding our past mistakes. [read post]