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11 Dec 2019, 9:01 pm by Vikram David Amar
In Parts One and Two of this series, we introduced an important pending federal court challenge to Mississippi’s gubernatorial election regime, situated the dispute in constitutional context, and examined various procedural aspects of the case. [read post]
26 Jan 2017, 9:01 pm by Vikram David Amar
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]
26 Jul 2017, 9:01 pm by Vikram David Amar
Although for my money the big news of the week has been the resurrection of efforts by Republicans in the U.S. [read post]
21 May 2023, 9:01 pm by Vikram David Amar
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]
23 Feb 2017, 9:01 pm by Vikram David Amar
., we ought not waste time on any hearing.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]
18 Apr 2019, 9:01 pm by Vikram David Amar
This week’s proposal by President Trump that immigrants detained at the border be relocated to so-called “sanctuary” cities (which the federal government has previously defined as jurisdictions that refuse to assist in federal immigration enforcement), so that these cities will bear the costs of absorbing the detainees, is not the first time the federal government has considered punishing (as distinguished from simply withholding federal funding from) sanctuary jurisdictions. [read post]
10 Mar 2016, 9:01 pm by Vikram David Amar
It is only to say that, while permissible, advisory measures like Proposition 49 that ask exaggerated questions, are of limited assistance in thinking meaningfully about the specific kinds of language we might include in our Constitution to make elections (and policy results) more fair and democratically responsive.Follow @prof_amar Vikram David Amar is the Iwan Foundation Professor of Law and the Dean at the University of Illinois College… [read post]
3 Nov 2016, 5:00 pm by Vikram David Amar
In July, in the aftermath of FBI Director James Comey’s wrong-headed decision to go public with the recommendations he was making to prosecutors in the DOJ that there was no plausible basis for prosecution of Hillary Clinton arising out of her email transgressions (and equally wrong-headed decision to opine about matters that went beyond whether prosecution was warranted), I wrote a column for this website identifying broader constitutional lessons to be gleaned from the episode.Since, as… [read post]
1 Nov 2017, 9:01 pm by Vikram David Amar
If federal courts are going to be able to enforce the limits that federalism creates on the national government, while at the same time permit the feds to operate in their own proper sphere (and inspire confidence in the public as they accomplish both objectives), they (and their law clerks) need to understand not just nuanced technical details of various specific doctrines, but the overall federalism big picture as well.Follow @prof_amar Vikram… [read post]
17 Jul 2019, 9:01 pm by Vikram David Amar
One of the most-watched set of Supreme Court cases last term involved efforts by reformers to enlist the federal judiciary in the fight to rein in what some people believe is problematically aggressive partisan gerrymandering. [read post]
20 Mar 2023, 9:01 pm by Vikram David Amar
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]
31 Jul 2014, 9:01 pm by Vikram David Amar
In my last column, Part I of this Two-Part series, I argued that lower courts are justified in paying (indeed perhaps required to pay) close attention to Justice Kennedy’s concurring opinion in this summer’s blockbuster Burwell v. [read post]
2 Jan 2020, 9:01 pm by Vikram David Amar
There remains uncertainty about exactly how the Senate will conduct impeachment trial proceedings on the two articles of impeachment for President Trump adopted by the House of Representatives last month. [read post]
18 Oct 2018, 9:01 pm by Vikram David Amar and Jason Mazzone
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]
9 Jan 2020, 9:01 pm by Vikram David Amar and Jason Mazzone
Freeing senators from party-leader retribution would be nice, but there is simply no way to do that without freeing senators from accountability to the people of the states (who themselves may prefer to be as intensely partisan as their leaders are in today’s moment), which is the whole point of popular election of senators.Follow @prof_amar Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of… [read post]
16 Sep 2020, 9:01 pm by Vikram David Amar
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]