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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]
22 Feb 2018, 9:01 pm
At the end of the day, even those of us who are constitutional lawyers must appreciate that there is nothing that can remotely substitute for electing wise and thoughtful persons who exercise care and good judgment, and who take the long view of things.Follow @prof_amar Vikram David Amar is the Iwan Foundation Professor of Law and the Dean at the University of Illinois College of Law. [read post]
8 Sep 2016, 9:01 pm
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]
29 Jun 2017, 9:01 pm
So whether or not a broader executive privilege should have been recognized by the Court, Richard Nixon should not have benefitted from it, in the same way that other privileges do not protect persons engaged in ongoing criminality.That said, as commentators such as Akhil Amar have observed, there are aspects of the Court’s reasoning that don’t hold up well to careful scrutiny. [read post]
30 Oct 2022, 9:01 pm
As Amar put it, “‘[e]mpower’ does not mean ‘require;’ rather, it means to create the power to do or not do something” (emphasis in original). [read post]
10 Dec 2015, 9:01 pm
Vikram David Amar is the Iwan Foundation Professor of Law and the Dean at the University of Illinois College of Law. [read post]
16 Jan 2014, 9:01 pm
Vikram David Amar, a Justia columnist, is the Associate Dean for Academic Affairs and Professor of Law at the University of California, Davis School of Law. [read post]
10 Sep 2015, 9:01 pm
We are now just weeks away from the start of the Supreme Court’s 2015-2016 Term, and in the coming months the Justia Verdict site will feature previews and analyses of many important upcoming cases. [read post]
26 Jan 2017, 9:01 pm
Philadelphia’s mayor signed into law this week a measure that prohibits employers in the city from asking job applicants to provide their past salary data, something supporters of the ordinance hope will help reduce the wage gap between men and women.The theory appears to be that if women’s wages currently lag men’s for illegitimate reasons, and if employers base new starting salaries in any significant measure on salary histories (which in turn would be affected by improperly low… [read post]
20 Mar 2023, 9:01 pm
In the summer of 2021, the Missouri governor signed into law the state’s so-called “Second Amendment Preservation Act (SAPA),” whose preamble (a section styled as “findings”) declares that the “supremacy” of federal law “does not extend to various federal statutes, executive orders, [etc., that regulate firearms and ammunition in various ways]. [read post]
27 Sep 2023, 9:01 pm
This is an important week for determining the fate of congressional district lines in the state of New Mexico. [read post]
2 Jun 2016, 9:01 pm
Perhaps the reason the Harris Court did not discuss justiciability at all is that the plaintiff’s allegations of significant partisan motivation were factually baseless in any event, but had Justice Scalia remained on the Court, I would not have been surprised to see him comment on whether the Court should be reaching the merits at all.As in so many other areas, the Court in this setting is different in his absence.Follow @prof_amar Vikram… [read post]
21 May 2023, 9:01 pm
Like many other points of contention in modern America, the disagreement between the left and the right over raising the debt ceiling straddles constitutional law and politics. [read post]
16 Sep 2020, 9:01 pm
My thoughts and prayers go out to the (tens of) thousands of students who are slated to take remote bar exams in several states (including large states like California, New York, and Illinois) a little over two weeks from now, on October 5 and 6. [read post]
19 Jun 2014, 9:01 pm
In the space below, I analyze a pending effort by California lawmakers to cleanse the California statute books of (what are to my mind) some mean-spirited provisions concerning the treatment of undocumented immigrants in the State. [read post]
26 Jul 2017, 9:01 pm
Although for my money the big news of the week has been the resurrection of efforts by Republicans in the U.S. [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]
27 Jul 2023, 9:01 pm
As America seems to be figuratively coming apart at the seams, movements throughout the nation to accomplish literal (geopolitical) separation in various states and regions continue to gather supporters too. [read post]
24 Aug 2021, 9:01 pm
For this, and other more pragmatic reasons, we do not expect the Illinois Supreme Court (where any aggressive lower state court ruling would be appealed to in any event) to support doing anything but letting the revised district lines (if they be revised as we expect) go into effect.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]
23 Jan 2020, 9:01 pm
In 2011, in Hosanna-Tabor Evangelical Lutheran Church and School v. [read post]
