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10 May 2022, 9:01 pm
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]
8 May 2022, 9:01 pm
When a federal court (especially a U.S. [read post]
5 May 2022, 9:01 pm
Last week’s decision by the highest state court in New York invalidating congressional districts drawn by the Democrat-controlled legislature, on the ground that the legislature ran afoul of recently adopted state constitutional provisions prohibiting excessive partisan gerrymandering, is the latest in a series of such cases by state high courts rebuffing the congressional district lines drawn by legislatures in their respective states. [read post]
28 Apr 2022, 9:01 pm
Perhaps this could make the TJ case more like the Harvard dispute, which one of us (Amar) has argued could rightly be understood not necessarily as highlighting a problem with affirmative action generally, but instead with affirmative action plans that seek to burden Asians more than Whites. [read post]
20 Mar 2022, 9:01 pm
One shouldn’t push the cases too far because (as Amar noted in his critique of them) members of the U.S. [read post]
16 Mar 2022, 9:01 pm
U.S. [read post]
13 Mar 2022, 9:01 pm
As I explained in the earlier Parts and in more depth in a co-authored article (with Akhil Amar) viewable on SSRN here, ISL theory is deeply flawed and unconvincing as a matter of original understandings (see Part One), the actions and intentions of state legislatures themselves, and recent Supreme Court case law (see Part Two).In today’s installment I want to look back a bit more at the Court’s decisions last week not to grant relief to the North Carolina and… [read post]
7 Mar 2022, 9:01 pm
I well understand that there are internal dynamics and politics within the Court, but when one side lays out its case in public writings and the other (much stronger) side does not, especially for an issue that is not going away, the public is not well served.Follow @prof_amar Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law on the Urbana-Champaign campus. [read post]
6 Mar 2022, 9:01 pm
As my co-author (Akhil Amar) and I discuss in an Article forthcoming in The Supreme Court Review (a draft of which is available on SSRN here), recent attention concerning ISL theory may have been generated by members of the Supreme Court itself; four Justices, drawing on arguments advanced in the Bush v. [read post]
3 Mar 2022, 9:01 pm
As my co-author (Akhil Amar) and I elaborate in an Article forthcoming in The Supreme Court Review (a draft of which is available on SSRN here), four Justices, drawing on arguments advanced in the Bush v. [read post]
1 Mar 2022, 9:00 pm
As my co-author (Akhil Amar) and I explain in great detail in an Article forthcoming in The Supreme Court Review (a draft of which is available on SSRN here), the ISL theory has its “modern” origins in the Bush v. [read post]
28 Feb 2022, 9:00 pm
My series of columns here borrows heavily from a longer and much more thorough Article co-authored with Akhil Amar (my brother and fellow constitutional law professor) that forthcoming in The Supreme Court Review. [read post]
31 Jan 2022, 6:00 am
Professors Akhil Reed Amar and Vikram David Amar have put forward an Intermediate View: the elected President is an "officer of the United States," but members of Congress are not. [read post]
22 Nov 2021, 9:01 pm
About three weeks ago, on November 5, the federal Occupational Safety and Health Administration (OSHA), invoking its statutory authority, issued an Emergency Temporary Standard (ETS) that provides that every U.S. employer with 100 or more employees must “develop, implement, and enforce a mandatory COVID-19 vaccination policy” for workers, and require any workers who remain unvaccinated to undergo weekly testing and wear a face mask. [read post]
3 Oct 2021, 1:33 pm
By David S. [read post]
3 Oct 2021, 1:33 pm
By David S. [read post]
30 Sep 2021, 7:07 pm
“Some Hard Thought-Experiment Questions for Both Sides of the Abortion Debate”: Law professors Vikram David Amar and Alan E. [read post]
27 Sep 2021, 9:01 pm
The right of abortion is one of the most contentious political and legal issues in the United States today. [read post]
16 Sep 2021, 9:01 pm
But we need be careful not to focus on the work of the drafters at the Philadelphia Convention in a way that obscures the grievous imperfections in their work product, or (more happily) the ways in which Americans have worked hard (and sacrificed so much) in the two centuries since to correct those imperfections, an enterprise that continues to this day.Follow @prof_amar Vikram David Amar is the Dean and Iwan Foundation Professor of Law at… [read post]
9 Sep 2021, 9:01 pm
Relatedly, even though the specifics of a reform package need to be worked out, legislative leaders in California should proclaim publicly on Monday of next week, before anyone knows the fate of Gavin Newsom or his would-be successors, that a significant set of reforms will be forthcoming, so as to minimize the perception that reformers want to make changes only if their candidate loses under the current rules.Follow @prof_amar Vikram David… [read post]
