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10 Dec 2015, 9:01 pm by Vikram David Amar
He is a co-author, along with William Cohen and Jonathan Varat, of a major constitutional law casebook, and a co-author of several volumes of the Wright & Miller treatise on federal practice and procedure. [read post]
5 Nov 2015, 9:01 pm by Vikram David Amar and Michael Schaps
Justice Kennedy, who might very well cast the deciding vote (assuming the Court does not think better of using this case to issue a major decision on standing, in which event the Court would have a number of fact-specific ways to dispose of the case on narrow grounds), apparently subscribes to the view that concrete, or “actual,” injury, rather than just a particularized legal injury, is required. [read post]
8 Oct 2015, 9:01 pm by Vikram David Amar
Everyone expects Justice Kennedy to be the pivotal vote in Fisher, and everyone also expects Justice Kennedy to reverse the Fifth Circuit opinion that upheld UT’s admissions policy on the strength of Grutter. [read post]
28 Sep 2015, 6:00 am by David Kris
Today, for reasons both technological and political, there is an increasing divergence and growing conflict between U.S. and foreign laws that compel, and prohibit, production of data in response to governmental surveillance directives.[1][2]  Major U.S. telecommunications and Internet providers[3] face escalating pressure from foreign governments, asserting foreign law, to require production of data stored by the providers in the United States, in ways that violate U.S. law.[4]  At the… [read post]
1 Sep 2015, 7:22 pm by Bill Marler
Chandler WL, Jelacic S, Boster DR, Ciol MA, Williams GD, Watkins SL, Igarashi T, and Tarr PI. (2002). [read post]
30 Jul 2015, 9:01 pm by Vikram David Amar
For many folks, next week’s Republican presidential debate in Cleveland—sponsored by Fox News and Facebook and scheduled to air on the Fox News Channel—fully kicks off the 2016 presidential election season. [read post]
16 Jul 2015, 9:01 pm by Vikram David Amar
He is a co-author, along with William Cohen and Jonathan Varat, of a major constitutional law casebook, and a co-author of several volumes of the Wright & Miller treatise on federal practice and procedure. [read post]
12 Jul 2015, 9:00 pm by Staley Smith
It will be moderated by Barbara Slavin, a senior fellow at the Atlantic Council with an introduction from former US Ambassador to Ukraine William Green Miller, senior advisor to Search for Common Ground's US-Iran program. [read post]
9 Apr 2015, 9:01 pm by Vikram David Amar
Less Can Be More (Important) Under the First Amendment Let us first consider Justice Kennedy’s questioning of the SCV lawyer. [read post]
11 Feb 2015, 4:53 am by Amy Howe
Louisiana, the recently dismissed case in which the Court had agreed to decide whether its ruling in Miller v. [read post]
7 Dec 2014, 9:01 pm by Vikram David Amar
In Part One of this two-part series, I contended that the reading of the Obamacare statute offered by the plaintiffs in the important King v. [read post]
4 Dec 2014, 9:01 pm by Vikram David Amar
First, a crucial bloc of the Supreme Court (with Justice Kennedy being a key member) in the famous 1992 Planned Parenthood v. [read post]
31 Jul 2014, 9:01 pm by Vikram David Amar
Also, Justice Kennedy starts this part of his discussion by saying that the federal government “makes the case that the mandate serves . . . [read post]
17 Jul 2014, 9:01 pm by Vikram David Amar
But, crucially, in Hobby Lobby, Justice Kennedy’s was the fifth vote in a 5-4 case; without Justice Kennedy’s joinder, Justice Alito’s opinion would have lacked a majority. [read post]