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’Tis the season to begin looking carefully at the Supreme Court’s 2014–2015 docket, now that the Justices have returned from their summer recess and are hearing cases again. [read post]
21 Feb 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
In our last column, we explored some threshold justiciability issues (focusing on the plaintiff’s standing to sue in federal court) in the recent federal lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR), challenging HLR’s use of race and gender in selecting members and also in selecting authors for publication. [read post]
24 Mar 2016, 9:01 pm by Vikram David Amar and Michael Schaps
When doctors consider whether to administer a particular medical treatment, they have to balance the treatment’s efficacy (that is, how likely the treatment is to help the patient, and by how much) against negative side effects (that is, how likely the treatment is to harm the patient, and how badly). [read post]
19 Oct 2017, 9:01 pm by Vikram David Amar
There have been countless lawsuits filed over the last nine months—by states, cities, individuals, public interest groups, and others—challenging Trump administration actions and policies. [read post]
20 Nov 2014, 9:01 pm by Vikram David Amar
Over the next few days, the California Bar announces the outcomes from the July 2014 exam. [read post]
Late last month, a federal trial court in Texas issued a nationwide order preventing the federal Department of Education (DOE), as well as a number of other federal agencies, from enforcing—anywhere in the country—their “interpretation of the definition of ‘sex’ in the various written directives … as applied to Title IX … and Title VII” (which are federal laws that prohibit certain entities from discriminating on the basis of sex). [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]
7 Sep 2017, 9:01 pm by Vikram David Amar
In my last column, I began analyzing a recent plan by Silicon Valley billionaire investor Tim Draper to break up California into three separate states stemming from his view that “California’s diverse population and economies [have] rendered the state nearly ungovernable. [read post]
21 Mar 2018, 9:01 pm by Vikram David Amar
In my last column, 2020 Election Legal Maneuvering, I described a recent lawsuit filed by some prominent lawyers and law professors challenging Texas’s use of the so-called Winner-Take-All (WTA) approach to selecting the state’s representatives to the so-called Electoral College. [read post]
19 May 2016, 9:01 pm by Vikram David Amar
Here they (or we, depending on point of view) go again—yet another complicated lawsuit seeking to mortally wound the Affordable Care Act (popularly known as Obamacare) is wending its way through the federal courts. [read post]
1 Jul 2019, 9:01 pm by Vikram David Amar
As is typical, the Supreme Court this year delivered some of its biggest rulings at the end of the term. [read post]
5 Dec 2013, 9:01 pm by Vikram David Amar
Yesterday the Federalism Working Group of the American Legislative Exchange Council (ALEC)—an influential and generally conservative policy-oriented institution that offers template legislation for state governments to consider adopting—was scheduled to meet to consider, among other things, a proposal that would empower state legislatures to add candidates to general election ballots for the office of United States Senator. [read post]
3 May 2018, 9:01 pm by Vikram David Amar
It is usually a happy coincidence when my two professional roles—constitutional scholar/teacher and academic administrator—come together in a work task. [read post]
One of the vexing legal questions raised by President Trump’s original and revised executive orders concerning entry into the United States by nationals of several Middle Eastern and African countries is whether and how courts ought to take into account the subjective motives behind the executive order, whether or not these motives are reflected in the text of the orders themselves. [read post]
20 Sep 2018, 9:01 pm by Vikram David Amar
Earlier this summer, Illinois became the 37th state to ratify the Equal Rights Amendment (ERA) to the United States Constitution originally proposed by Congress on March 22, 1972. [read post]