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15 May 2017, 6:56 am by Eric Goldman
“1-800 Contacts is paying Gibson, Dunn & Crutcher LLP for my time, at a rate of $1,095 an hour and the time of research staff working on this matter. [read post]
And the messages/appearances that laws convey are often more important than underlying realities, especially when it comes to things like access to democracy (and education, for that matter, as one of us has written about in an earlier column). [read post]
31 Oct 2018, 9:01 pm by Vikram David Amar and Jason Mazzone
As the Supreme Court has explained, this doctrine “recognizes that only one State should have the authority to regulate a corporation’s internal affairs—matters peculiar to the relationships among or between the corporation and its current officers, directors, and shareholders—because otherwise a corporation could be faced with conflicting demands. [read post]
21 Mar 2018, 9:01 pm by Vikram David Amar
Indeed, as a general matter, at-large election schemes (which political scientists argue have some advantages over other methods) are not unconstitutional except insofar as they are used to invidiously deny racial minorities a fair chance of winning elections. [read post]
9 Apr 2015, 9:01 pm by Vikram David Amar
For example, a law that says “no pro-life rallies in the park after 6pm” is clearly unconstitutional, because it regulates speech on a matter of public concern in a traditional public forum in a viewpoint-based way. [read post]
17 Jan 2013, 9:01 pm by Vikram David Amar
  The grocery store’s reply was that the Moscone Act, because it singles out labor picketing in particular for special protection, discriminates among speech activities on the basis of the “content” or subject-matter of the speech, and therefore is invalid under the First Amendment. [read post]
1 Jul 2019, 9:01 pm by Vikram David Amar
It is not inherently problematic (constitutionally or legally speaking) for a President to take a firm, even dominant, hand in overseeing, limiting, or, for that matter, terminating federal criminal investigations; if President Trump had terminated any DOJ investigation of Hillary Clinton that was still ongoing when he took office in the name of national healing, no one would think that improper. [read post]
3 May 2018, 9:01 pm by Vikram David Amar
Certainly when government speaks out against smoking in public service ad campaigns, I don’t sense that many people think the government is acting/speaking inappropriately (even though the risks/benefits of smoking and the behavior of the tobacco industry are certainly matters for public debate). [read post]
20 Sep 2022, 5:42 am by LII Team
Student researchers edit summaries provided by pro bono law firm associates from White & Case and Gibson, Dunn & Crutcher; translate summaries; and perform comparative law research for the Collection’s NGO partners. [read post]
25 Apr 2013, 9:01 pm by Vikram David Amar
  (It is on this crucial question of assent to agency where, as I explain in longer academic writings, I part company with thoughtful commentators, like Ed Whelan, who have argued that as long as the California Supreme Court today thinks that under the California constitution the sponsors are the People’s representatives, it does not matter whether voters, when they enacted Proposition 8 in 2008, could have anticipated this principle of California law, which was not made clear… [read post]
26 Feb 2015, 9:01 pm by Vikram David Amar and Kevin R. Johnson
The relative quality (compared to other schools) of a school’s student body—as judged by median LSAT scores, college GPAs, and the school’s acceptance rate—also has tended, as an historical matter, not to change tremendously in a single year (but rather evolves much more gradually), but this factor has itself become a bit more volatile in recent years as the national decline in application volume has hit some schools harder than others. [read post]
21 May 2015, 9:01 pm by Vikram David Amar
Minnesota argued that it needed to regulate candidate speech to ensure that the public believes that judges are sufficiently open-minded about important matters that might come before them, an interest very similar to Florida’s goal of “preserving public confidence in judicial integrity. [read post]
7 Mar 2019, 9:01 pm by Vikram David Amar
But it is quite possible a court will rule that HLR is sufficiently connected to the university for purposes of triggering Title VI and Title IX while also finding that its admissions and article selection practices are distinct from the activities of educational professionals upheld in Grutter and Fisher.The Fate of University Affirmative Action More GenerallyThus far we have been asking how lower courts, applying existing precedent, might view the HLR matter. [read post]
15 May 2007, 9:45 am
"Without the ability to ask other shareholders to give their views on these matters, companies would be less willing to talk," said Paul Neuhauser, a law professor of the University of Iowa. [read post]
7 Jun 2019, 3:00 am by Jim Sedor
Meet the GOP Operatives Who Aim to Smear the 2020 Democrats – but Keep Bungling It MSN – Manuel Roig-Franzia and Beth Reinhard (Washington Post) | Published: 6/4/2019 Like notorious dirty tricksters before them, Jack Burkman and Jacob Wohl operate in a realm where it matters little whether their outrageous claims against political opponents are proved – they hardly ever are – but only whether they somehow slip into the national consciousness. [read post]
18 Sep 2019, 9:52 pm by Kevin LaCroix
John Reed Stark As discussed in the following guest post from John Reed Stark, a recent development in the class action litigation arising out of the massive Marriott International data breach could have significant ramifications for other claimants asserting class action claims — including securities class action claims — based on data breaches or other cybersecurity incidents. [read post]