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Another is the fact that, although the electoral college is still part of our constitutional fabric, we have moved in the direction of popular election of the President, such that he garners far more votes nationwide than does any other elected official, and thus has a special claim to national electoral legitimacy—unlike that of even the Speaker of the House and the Senate Majority leader, the two elected leaders of Congress. [read post]
7 Dec 2014, 9:01 pm by Vikram David Amar
In fact, this is precisely how the Court explained the “clear voice” requirement in Pennhurst, where the majority explicitly observed that “the crucial inquiry is not whether a state would knowingly [have acted differently if the condition had been clearly stated] but whether Congress spoke so clearly that we can fairly say that the State could make an informed choice. [read post]
4 Dec 2014, 9:01 pm by Vikram David Amar
So even if the four 2012 dissenters felt unbound by the National Federation Court’s ruling on whether the mandate exceeds federal authority, they would also (in order to block Obamacare because of the mandate today) have to explain why they should not obey the 2012 majority’s statutory interpretation on the question of severability. [read post]
20 Nov 2014, 9:01 pm by Vikram David Amar
The Multistate exam thus counts for about half of the overall test for many test-takers (and some states use Multistate results to calibrate the grading of the one-day essay portion of the Bar—the other commonly used major component of the exam), so performance on the Multistate is undeniably important. [read post]
18 Nov 2014, 9:51 am
The trial court, however, did not have authority for his actions during a majority of the proceedings. [read post]
7 Nov 2014, 3:22 pm by Gary P. Rodrigues
Rand by William KaplanA Trying Question: The Jury in Nineteenth Centre Canada by R. [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]
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]
10 Oct 2014, 3:18 am by Ben
CCIPO says this negates the spirit of President Goodluck Jonathan’s Transformation Agenda, which centres on the observance of the rule of law and opening up of the nation’s economy to enable all Nigerians participate. [read post]
Black, where the Court upheld the major portions of a Virginia statute making intimidating cross burning illegal. [read post]
3 Oct 2014, 7:59 am by Jim Sedor
House Majority Leader Tom DeLay’s 2010 conviction for money laundering. [read post]
25 Sep 2014, 7:04 am
Rowan Williams as the Archbishop of Canterbury. [read post]
7 Sep 2014, 11:00 am by Jim Butler
EB-5 capital is widely used by major hotel brands and some of the largest owners of hotels and restaurants: Marriott International has raised $500 million in EB-5 capital Hilton Worldwide has raised $100 million 4 projects in Washington DC were built with more than $150 million of EB-5 money (including City Market at O, the Marriott Marquis, a Hilton hotel development on New York Avenue and a hotel on E Street that will include a fire station) “I understand why the government has… [read post]
2 Sep 2014, 4:50 am by SHG
But this is a perilous trend, said Allison Orr Larsen, a law professor at the College of William & Mary. [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]