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26 Jun 2023, 9:01 pm by Vikram David Amar and Jason Mazzone
A recent controversy over an invited-speaker event at the University of Pittsburgh (a public university in Pennsylvania known as “Pitt”) illustrates how both sides in free speech controversies at public universities seem to do and say untenable things, and also how the Supreme Court could improve matters by providing more clarity on key doctrinal and practical questions.The following factual contentions are drawn (and quote) from a demand letter sent to Pitt officials by the Alliance… [read post]
3 Feb 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
The Senate has announced that when it convenes later this month for the second impeachment trial of former President Donald J. [read post]
18 May 2025, 9:01 pm by Vikram David Amar and Jason Mazzone
Last week’s Supreme Court oral argument in the case involving the federal government’s emergency application to cut back on the so-called “universal” (nationwide) preliminary injunctive blocks lower courts have placed on President Donald Trump’s birthright-citizenship Executive Order was revealing and important, and we are glad that analysts, like our friend and colleague Mike Dorf, are providing insightful commentary on it. [read post]
10 May 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
In Part One of this series, we discussed the historical and doctrinal background of so-called certification, a practice by which federal courts (especially federal appellate courts) certify questions to state high courts when cases in federal court might turn in whole or in part on unresolved questions of state law. [read post]
21 Nov 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
From one perspective, it was only a matter of time before the Pennsylvania Supreme Court slapped down the election officials in a handful of Democratic-dominated counties for attempting to count—in tallying final results for the November 2024 election—mail-in ballots that, although properly signed and timely received, had not been properly dated. [read post]
30 Mar 2025, 9:01 pm by Vikram David Amar and Jason Mazzone
”—is something that judges, too, should heed.Follow @prof_amar Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor of Law and Former Dean at the University of Illinois College of Law on the Urbana-Champaign campus. [read post]
7 Mar 2019, 9:01 pm by Vikram David Amar
In our two previous columns on the recent lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR) for its use of race and gender in selecting its members and authors for publication, we explored challenges the plaintiff faces in establishing standing to sue in federal court, the relationship of Title VI and IX (the statutory provisions the plaintiff has invoked) to the constitutional… [read post]
10 Apr 2025, 9:01 pm by Vikram David Amar and Jason Mazzone
Legal professions and indeed the nation as a whole have been engaged over the past few weeks in a heated conversation about how best to respond to a series of executive orders from the White House targeting law firms whose past clients and legal work have annoyed the President and members of his team. [read post]
10 Apr 2023, 9:00 pm by Vikram David Amar and Jason Mazzone
National attention has recently been directed to the boisterous protest by Stanford Law School (SLS) students at a Federalist Society Event featuring Judge Kyle Duncan, a conservative Trump-appointed judge on the United States Court of Appeals for the Fifth Circuit. [read post]
9 Mar 2025, 9:01 pm by Vikram David Amar and Jason Mazzone
The Fourteenth Amendment to the United States Constitution, arguably the most important piece of law enacted anywhere in the world over the last two centuries, opens majestically with these words: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. [read post]
29 Apr 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
In this, the second of a two-part essay series, we continue to explore the constitutional issues raised by a recent episode in which a public high school (Central Davidson High School in Lexington, North Carolina) imposed disciplinary suspension on a student, Christian McGhee, for invoking the term “illegal alien” when asking a question to his teacher about an assignment. [read post]
28 Apr 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
The two of us just finished co-teaching a law school class focused on the Free Speech Clause of the First Amendment, and this semester has not lacked for plenty of cutting-edge, ripped-from-the headlines fodder for us to explore with our students. [read post]
19 Apr 2020, 9:00 pm by Vikram David Amar and Jason Mazzone
In spite of (or perhaps because of) the fact that the Supreme Court’s per curiam opinion two weeks ago in the Wisconsin election case, Republican National Committee (RNC) v. [read post]