Search for: "Akhil Amar"
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2 Mar 2010, 3:30 pm
The Clause has been misread by the Supreme Court for 140 years, starting with the Court’s 1873 ruling in The Slaughterhouse Cases, and as Yale Law School’s Akhil Amar has summarized: “Virtually no serious modern scholar -- left, right, and center -- thinks that [Slaughterhouse] is a plausible reading of the Amendment. [read post]
1 Apr 2010, 4:05 pm
I don’t know if Kurt Lash (Loyola LA) thinks Obamacare is unconstitutional, but he does think that Akhil Amar’s 14th Amendment argument in favor is incorrect. [read post]
19 Jul 2008, 7:23 am
I mean, I had to find some Yale guy, Akhil Reed Amar, who wrote a 1994 Harvard Lampoon, I mean Law Review, article to get a negative. [read post]
28 Jun 2010, 4:07 pm
Outside the judiciary, leading liberal constitutional law scholars such as Akhil Amar, Jack Balkin, and Sandy Levinson have defended the idea that the Second Amendment protects an important individual right enforceable against all levels of government. [read post]
13 Jun 2012, 9:30 am
") Story's view has been revived in modern times by Akhil Amar and has a lot going for it as a matter of constitutional text, but it is much embarrassed by the Judiciary Act of 1789, which clearly did not vest federal courts with jurisdiction over all constitutional (or other federal) cases. [read post]
11 Oct 2022, 6:21 am
Academic disagreements risk becoming reality shows. [read post]
29 Jun 2021, 6:30 am
For the Symposium on Kurt Lash, The Reconstruction Amendments: The Essential Documents (University of Chicago Press, 2021)(2 vols.). [read post]
4 May 2015, 6:00 am
(I still think that the best book, other than The Federalist, on the Constitution is my old friend -- and former law school roommate -- Akhil Amar's America's Constitution: A Biography. [read post]
20 Jul 2013, 11:55 am
See Akhil Reed Amar, the Lawfulness of Section 5—and Thus of Section 5, 126 Harv. [read post]
27 Jul 2024, 6:00 am
Liberal originalist Akhil Amar wrote that the decision turns the Constitution “inside out and upside down, saying things that are flatly contradicted by the document’s unambiguous letter and obvious spirit. [read post]
19 Mar 2019, 9:01 pm
Yet, Professor Akhil Amar has observed that by the time of Reconstruction, the term had come to encompass an individual right. [read post]
23 May 2018, 11:01 am
They include such prominent constitutional theorists as John McGinnis and Michael Rappaport (authors of an important book defending originalism on consequentialist grounds) and Akhil Amar, probably the best-known left of center originalist, who argues that we should privilege the original meaning of the text over judicial innovations because the former has "often proved more enlightened and enlightening than the latter. [read post]
29 Nov 2017, 10:04 am
One of the things that is different about the constitutional law casebook that I have the honor to co-edit, in its present version with Jack, Akhil Amar, and Riva Siegel (though I remain eternally grateful to Paul Brest for his original vision and kindness in asking me to join him in the second edition), is that it includes hefty excerpts from the Lincoln-Douglas debates. [read post]
14 May 2020, 6:30 am
It does so by dropping the Article of Confederation’s language of “confederation” and the more strident rhetoric of state “sovereignty”—along with the power of a single state to stop a constitutional amendment dead in its tracks—in favor of “the people of the United States” forming a new government based entirely on a new formula that gives no such veto power to any single state.These changes, as Bruce Ackerman, Akhil Amar, and… [read post]
6 Mar 2013, 1:35 pm
Thaman, editor.Dordrecht ; New York : Springer, c2013.K5471 .E93 2013 Constitutional LawAmerica's unwritten constitution : the precedents and principles we live by / Akhil Reed Amar..New York : Basic Books, c2012.KF4541 .A875 2012 Criminal LawCriminal law update 2012. [read post]
11 Aug 2021, 6:30 am
After all, Pfander notes in paraphrasing Akhil Amar, “it takes a theory to beat a theory. [read post]
24 Apr 2022, 6:30 am
In this, Fishkin and Forbath make a major contribution to a like-minded cohort of liberal-left constitutional scholars -- Bruce Ackerman, Jack Balkin, Akhil Amar, Larry Kramer, and others -- who have written against the legal academy’s grain by focusing on “the constitution outside the courts. [read post]
3 Aug 2018, 12:17 pm
In America's Unwritten Constitution, Akhil Reed Amar wrote "Washington defined the archetypical presidential role," and "[a]s America's first 'first man,' [he] set precedents from his earliest moments on the job. [read post]
26 Jul 2024, 6:30 am
See Akhil Reed Amar, Something Has Gone Deeply Wrong at the Supreme Court, The Atlantic, July 2, 2024.Suppose that the President takes a bribe to pardon a political contributor who has committed some crime. [read post]
29 Oct 2021, 7:00 am
For the Balkinization symposium on Linda Colley, The Gun, the Ship, and the Pen: Warfare, Constitutions, and the Making of the Modern World (Liveright, 2021).By any account Linda Colley’s The Gun, the Ship, and the Pen: Warfare, Constitutions, and the Making of the Modern World is a remarkable book. [read post]