Search for: "Vikram David Amar"
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25 Jul 2016, 9:01 pm
A few weeks ago, the U.S. [read post]
20 Nov 2022, 9:00 pm
The latest filing in the Supreme Court’s biggest pending case is a perfect illustration of how not to do serious originalism.The case, Moore v. [read post]
2 Jun 2021, 9:01 pm
High-level university administrators (say, deans, provosts, chancellors, and presidents)—in both private and public institutions—have been asked with increasing frequency in recent years to issue statements on behalf of the academic units/universities they lead concerning national and world events that certainly involve important topics of discourse but that may not have distinctive relevance to academic institutions. [read post]
11 Aug 2019, 9:01 pm
Republican Party leaders and President Trump’s legal team have gone to court to block implementation of California’s newly enacted law that denies ballot access to presidential candidates who have chosen not to release their tax returns. [read post]
22 Sep 2016, 9:01 pm
Columns on this website that examine judicial rulings tend to focus on the very last stage of litigation—a U.S. [read post]
7 Feb 2023, 9:00 pm
Prominent rankings of institutions Americans care about are invariably controversial. [read post]
23 Sep 2020, 9:01 pm
Ruth Bader Ginsburg’s career will be remembered for so many things, most notably her work as a litigator, a law professor, a lower court judge and a Justice at the Supreme Court (where she sat for over a quarter century). [read post]
23 Mar 2017, 9:01 pm
One of the vexing legal questions raised by President Trump’s original and revised executive orders concerning entry into the United States by nationals of several Middle Eastern and African countries is whether and how courts ought to take into account the subjective motives behind the executive order, whether or not these motives are reflected in the text of the orders themselves. [read post]
19 Mar 2020, 9:01 pm
If you are a member of the legal profession, you almost certainly appreciate that written communication is a lawyer’s stock in trade. [read post]
24 Mar 2016, 9:01 pm
When doctors consider whether to administer a particular medical treatment, they have to balance the treatment’s efficacy (that is, how likely the treatment is to help the patient, and by how much) against negative side effects (that is, how likely the treatment is to harm the patient, and how badly). [read post]
19 May 2019, 9:01 pm
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]
21 Mar 2018, 9:01 pm
In my last column, 2020 Election Legal Maneuvering, I described a recent lawsuit filed by some prominent lawyers and law professors challenging Texas’s use of the so-called Winner-Take-All (WTA) approach to selecting the state’s representatives to the so-called Electoral College. [read post]
17 Jul 2014, 9:01 pm
Legal and political commentators have already spent thousands of hours on how best to understand Justice Alito’s majority opinion in Burwell v. [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]
27 Dec 2018, 9:01 pm
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]
28 Jun 2021, 9:01 pm
In this—the second—installment in our series on McConchie v. [read post]
31 Oct 2018, 9:01 pm
This three-part series looks at intriguing constitutional questions raised by California’s statutory enactment of SB 826, which requires publicly held corporations with principal executive offices located in California to have a prescribed number of women on their boards of directors. [read post]
4 Oct 2017, 9:01 pm
With all the discussion these days over what public universities and municipalities can and should be doing to handle large, raucous rallies and protests without sacrificing public health and safety, one topic that has been mentioned but not often thoroughly analyzed is what the rules are, or ought to be, when a boisterous and angry crowd “shouts down” a speaker. [read post]
20 Sep 2018, 9:01 pm
Earlier this summer, Illinois became the 37th state to ratify the Equal Rights Amendment (ERA) to the United States Constitution originally proposed by Congress on March 22, 1972. [read post]
18 Apr 2018, 9:01 pm
It is time for an update on a proposal—about which I wrote two columns (the second of which is here) last summer—that seeks to carve California up into three separate states. [read post]
