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4 Oct 2014, 8:17 am
" Scalia thus arguably implied that the elimination of the "under God" phrase could not be accomplished by any Court — even his own....The standard for recusal is vague — "[a]ny justice, judge or magistrate of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned" — and there's a great deal of analysis of it at that last link by Vikram David Amar. [read post]
28 Aug 2014, 9:01 pm by Vikram David Amar
A few months ago, I wrote about an effort by the California legislature to undo an unwise (but duly enacted) voter initiative involving immigration policy. [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]
30 Jun 2014, 9:14 am by David Kemp
Burwell).In a 5-4 opinion by Justice Samuel Alito, the Court held that the Religious Freedom Restoration Act (RFRA) permits a closely held for-profit corporation to deny its employees the health coverage of contraceptives to which the employees are otherwise entitled by the federal Patient Protection and Affordable Care Act of 2010 (ACA), based on the religious objections of the corporation’s owners.Here is some commentary tracking the progress of these cases before the Court’s… [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]
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]
1 May 2014, 9:01 pm by John Dean
My Verdict co-columnist Vikram David Amar recently addressed the U.S. [read post]
22 Apr 2014, 9:01 pm by Michael C. Dorf
Three prior Verdict columns—two by Professor Vikram Amar (here and here) and one by me—explained why the result reached by the appeals court in Schuette is puzzling, at least at first blush. [read post]
27 Mar 2014, 9:01 pm by Vikram David Amar
In early January, I wrote about Silicon Valley billionaire Tim Draper’s proposed initiative (“Six Californias”) that seeks to bring about a division of California into six separate states. [read post]
In Part One of this series, we began to analyze the recent decision from the federal Ninth Circuit Court of Appeals in SmithKline Beecham Corp. v. [read post]
In today’s column, the first in a two-part series, we begin to analyze and assess an important decision handed down last week by the United States Court of Appeals for the Ninth Circuit concerning discrimination against would-be jurors who happen to be gay or lesbian. [read post]