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18 Apr 2018, 9:01 pm by Vikram David Amar
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]
30 Jun 2016, 9:02 pm by Vikram David Amar
The biggest problem with the Supreme Court’s affirmative action case law over the last four decades is the lack of candor (some would say dishonesty) in the way the Court discusses the constitutional limits on government’s ability to use race. [read post]
28 Aug 2023, 9:01 pm by Vikram David Amar
Two months ago, I wrapped up an eight-year stint as the Dean of the University of Illinois College of Law at Urbana-Champaign and returned to “civilian” life as “just” a law professor. [read post]
30 Jun 2015, 9:01 pm by Vikram David Amar
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]
22 Nov 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
About three weeks ago, on November 5, the federal Occupational Safety and Health Administration (OSHA), invoking its statutory authority, issued an Emergency Temporary Standard (ETS) that provides that every U.S. employer with 100 or more employees must “develop, implement, and enforce a mandatory COVID-19 vaccination policy” for workers, and require any workers who remain unvaccinated to undergo weekly testing and wear a face mask. [read post]
4 Feb 2016, 9:01 pm by Vikram David Amar
”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]
4 May 2023, 9:01 pm by Vikram David Amar
   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]
31 Jan 2024, 9:01 pm by Vikram David Amar and Jason Mazzone
We don’t think there is a convincing answer to that question, which is one straightforward reason why we would be extremely surprised if this lawsuit ending up having any real legs.Follow @prof_amar Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor of Law and Former De [read post]
12 Feb 2024, 9:00 pm by Vikram David Amar
The Court’s manipulation of the meaning of Section Three can’t address the basic reality that states can (and ultimately will) do whatever they want as long as we have an electoral college model for picking Presidents, something on which our originalist Constitution is (for better or worse) quite clear.Follow @prof_amar Vikram David Amar is a [read post]
23 Sep 2015, 9:01 pm by Vikram David Amar
Many of the essays posted on Verdict deal with Supreme Court cases; in today’s column I focus on an opinion issued by a court at the base, rather than the pinnacle, of the federal judicial system—this month’s ruling by a federal district court in Arizona disposing of residual challenges brought against Arizona’s SB 1070 statute, the statute passed in 2010 attempting to deal with immigration stresses in the state, parts of which were struck down two years later by the Supreme… [read post]
29 Nov 2018, 9:00 pm by Vikram David Amar
As the vote tallies for the November 2018 federal elections become finalized, one seat in the House of Representatives may not be resolved for several weeks because of an unusual lawsuit filed by Republican incumbent Bruce Poliquin (along with three Republican voters) in Maine. [read post]
4 Jul 2023, 9:02 pm by Vikram David Amar
Justices Thomas and Gorsuch did not embrace the majority’s views (which align tightly with the views Akhil Amar and I have advanced in many pieces of scholarship and in an amicus brief joined by Steven Calabresi). [read post]
1 Mar 2022, 9:00 pm by Vikram David Amar
As my co-author (Akhil Amar) and I explain in great detail in an Article forthcoming in The Supreme Court Review (a draft of which is available on SSRN here), the ISL theory has its “modern” origins in the Bush v. [read post]
29 Aug 2021, 9:00 pm by Vikram David Amar and Evan Caminker
But they reject our characterization of the recall mechanism as involving two decisions: “[Amar and Caminker] want to treat each question on the ballot as a separate election and don’t want to compare the votes between the two questions on the ballots. [read post]
5 Aug 2018, 9:01 pm by Vikram David Amar
Board of Education) involve overruling past cases that were wrongly decided.Moreover, as my elder brother, Yale Law Professor Akhil Amar, and I argued many years ago when tackling this question, I think this “special justifications” approach wrongly submerges the meaning of the Constitution itself and improperly elevates the importance of the justices’ decisions. [read post]
16 Jul 2020, 9:01 pm by Vikram David Amar
As I have explained in many essays analyzing different nuances of this concept, the NPV plan—a version of which was seriously floated by a small number of people including me, my older brother Akhil Amar, and also (separately) Professor Robert Bennett over a decade-and-a-half ago—seeks to permit and encourage states to sign onto an agreement that would require each signatory state to cast its electoral college votes not for the candidate who necessarily garners the largest… [read post]
25 Oct 2023, 9:01 pm by Vikram David Amar
I am counsel of record in an amicus brief filed earlier this week on behalf of Professor Akhil Amar and myself, trying to provide an originalist answer to the questions the Court should be asking. [read post]