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6 Oct 2016, 9:01 pm by Vikram David Amar
As a result, all of Manuel’s federal case was dismissed.He sought certiorari in the Supreme Court, asking it in particular to decide “whether an individual’s Fourth Amendment right to be free from unreasonable seizure continues beyond legal process [that is, after an indictment has issued] so as to allow a malicious prosecution claim based upon the Fourth Amendment. [read post]
22 Sep 2016, 10:00 am by Michael Grossman
Other states may be working on similar legislation, but let’s not yet proclaim the doom of individual freedom. [read post]
Even if DOE’s documents asserting its view that refusal to permit transgender individuals bathroom choice constitutes sex discrimination under federal law are legally flawed, that does not mean that its view of the meaning of sex discrimination law is wrong. [read post]
24 Aug 2016, 9:01 pm by Vikram David Amar
But I don’t expect most law professors to heed Judge Posner’s good advice here—court of appeals jurisprudence simply isn’t sexy or glamorous enough, and law professors view themselves as watchdogs (if at all) not for individual cases, but only for larger jurisprudential developments.Who’s left? [read post]
11 Aug 2016, 9:01 pm by Vikram David Amar
Importantly, the defendant in the Nam case was not the individual people who complained about Ms. [read post]
14 Jul 2016, 9:01 pm by Vikram David Amar
” He is the one who can render moot any pending or future federal prosecutions (even prior to indictment—more on that later) by pardoning individuals. [read post]
30 Jun 2016, 9:02 pm by Vikram David Amar
But it is hard to see how it makes sense for Justice Kennedy, who still expresses skepticism of affirmative action—and who still seem to want to apply strict scrutiny—to lump all race-conscious programs (percentage plans and plans that consider the race of individuals) into the same doctrinal basket. [read post]
23 Jun 2016, 10:46 am by Gritsforbreakfast
Grits this morning interviewed author Derek Cohen about the report and soon will post our conversation online. [read post]
16 Jun 2016, 9:01 pm by Vikram David Amar
Making such a suggestion about an individual or a group is not always or intrinsically racist. [read post]
8 Jun 2016, 6:15 am by Marty Lederman
In a conspicuous footnote, however, the judge pointedly suggested that Ali might have a much stronger claim under the Equal Protection Clause, if only he could allege facts to support his vague and general allegation that “on information and belief, defendants have on several occasions licensed professional boxers notwithstanding evidence that such individuals would be far more likely to be detrimental to the interests of boxing than plaintiff. [read post]
19 May 2016, 9:01 pm by Vikram David Amar
The majority deflected Raines by reminding that the plaintiffs there were individual members of Congress (rather than an institutional body), and that none of the individual plaintiffs in Raines suffered any injury that affected them in a distinct or personal way. [read post]
7 Apr 2016, 9:01 pm by Vikram David Amar
(I should emphasize that some of the criticism of both of these individuals was unfair; I am not suggesting that the attitude of Americans was fully justified, only that it existed.) [read post]
24 Mar 2016, 9:01 pm by Vikram David Amar and Michael Schaps
Under the modern Supreme Court’s equal protection jurisprudence, any governmental use of race as a means of sorting individuals for differential treatment—even if race is just one factor among many in the individualized decisionmaking process—is constitutionally permitted only if using race is the most narrowly tailored way to achieve a compelling governmental interest. [read post]
10 Mar 2016, 9:01 pm by Vikram David Amar
He is a 1988 graduate of the Yale Law School and a former clerk to Justice Harry Blackmun. [read post]
11 Feb 2016, 9:01 pm by Vikram David Amar
Supreme Court does not sit as a forum for error correction in individual cases, it was justified in granting review in this case to reverse. [read post]
4 Feb 2016, 9:01 pm by Vikram David Amar
He is a 1988 graduate of the Yale Law School and a former clerk to Justice Harry Blackmun. [read post]
17 Dec 2015, 9:01 pm by Vikram David Amar and Michael Schaps
(In this regard, we note that some of the literature on mismatch seeks to establish a mismatch effect whenever a group of individuals—by virtue of race-based affirmative action, legacy admissions, geographical diversity programs, etc. [read post]