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1 Aug 2019, 4:17 am by Edith Roberts
” At Justia’s Verdict blog, Vikram David Amar notes that “August 3 marks Stephen Breyer’s completion of 25 years of service as a justice. [read post]
31 Jul 2019, 9:01 pm by Vikram David Amar
The recent passing of retired Supreme Court Justice John Paul Stevens has rightly generated numerous tributes and commentaries discussing the dozens of high-profile opinions he wrote during his almost-35 years on the Court. [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]
1 Jul 2019, 9:01 pm by Vikram David Amar
As is typical, the Supreme Court this year delivered some of its biggest rulings at the end of the term. [read post]
26 Jun 2019, 9:01 pm by Vikram David Amar
June 2019 might become known in Illinois as the month the state legalized marijuana use, but I hope it remains better remembered as the 100th anniversary of Illinois’ ratification of the Nineteenth Amendment—the provision in the Constitution that prohibited discrimination in voting on account of sex. [read post]
17 Jun 2019, 9:01 pm by Vikram David Amar
Last week Florida Governor Ron DeSantis signed into law SB 168, considered one of the strictest measures in the nation to prohibit state and local government entities from becoming so-called “sanctuary” jurisdictions within the state. [read post]
24 May 2019, 3:10 am by Edith Roberts
” At Justia’s Verdict blog, Vikram David Amar discusses the court’s approach to precedent in Franchise Tax Board of California v. [read post]
22 May 2019, 9:01 pm by Vikram David Amar
Last week’s 5-4 ruling by the Supreme Court in Franchise Tax Board v. [read post]
19 May 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
From the Right and from the Left, legislatures are considering—and in many cases enacting—laws that have no meaningful chance of surviving judicial challenge under the U.S. [read post]
12 May 2019, 9:01 pm by Vikram David Amar
President Trump’s tweet a few weeks ago—indicating that he “would first head to the U.S. [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]
17 Apr 2019, 9:01 pm by Vikram David Amar
The three recent pickups mean that 14 states (plus DC, which is not a state but which participates in the electoral college) have adopted; these 15 jurisdictions represent 189 electors—70% of the needed 270.In 2001, in some academic writings, my brother (and fellow law professor) Akhil Amar and I—and, separately, another law professor, Robert Bennett—laid out the intellectual foundations of this plan that would move the country close to having a national popular election… [read post]
13 Mar 2019, 9:01 pm by Vikram David Amar
(For a full explanation of why the AIRC ruling means direct democracy is permissible in electoral college reform, see my Justia essay written in the wake of the ruling.)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]
7 Mar 2019, 9:01 pm by Vikram David Amar
In our two previous columns on the recent lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR) for its use of race and gender in selecting its members and authors for publication, we explored challenges the plaintiff faces in establishing standing to sue in federal court, the relationship of Title VI and IX (the statutory provisions the plaintiff has invoked) to the constitutional… [read post]
21 Feb 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
In our last column, we explored some threshold justiciability issues (focusing on the plaintiff’s standing to sue in federal court) in the recent federal lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR), challenging HLR’s use of race and gender in selecting members and also in selecting authors for publication. [read post]
19 Feb 2019, 9:01 pm by Vikram David Amar
Public universities all over the country are grappling with the challenges that arise when members of the university community (especially so-called Registered Student Organizations or RSOs) invite contentious speakers to campus for events that threaten to generate tremendous passion on all sides of controversial issues, and that carry with them the realistic prospect of violence. [read post]
7 Feb 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
For many law students, membership in and service on an academic journal is a highlight of the law school experience. [read post]
24 Jan 2019, 9:01 pm by Vikram David Amar
Last week an Alabama trial court judge (Michael Graffeo) made national news when (literally just minutes before his judicial term expired and he began retirement) he held that the Alabama Memorial Protection Act (AMPA)—which prohibits public jurisdictions within the state from altering or otherwise disturbing public monuments that have been in existence for at least forty years—violated the Fourteenth Amendment free speech and due process rights of the City of Birmingham, which sought to… [read post]
10 Jan 2019, 9:01 pm by Vikram David Amar
In my last column, Part One of this series, I examined a lawsuit challenging the Arizona state law scheme for holding a replacement election to fill the US Senate vacancy created by John McCain’s death last year. [read post]
27 Dec 2018, 9:01 pm by Vikram David Amar
An interesting and potentially important lawsuit in federal court in Arizona is challenging the way state officials have sought to deal with the vacancy in the US Senate created by Senator McCain’s death four months ago (on August 25, 2018). [read post]