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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]
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]
9 Oct 2019, 9:01 pm by Vikram David Amar
Earlier this month Sacramento-based federal district judge Morrison England issued a preliminary injunction blocking implementation of California’s recently enacted law that denies ballot access to presidential (and gubernatorial) candidates who have chosen not to release their tax returns. [read post]
1 Dec 2016, 9:01 pm by Vikram David Amar
Let’s hope that the absence of school-specific statistics for the February 2016 exam was an aberration, and that when the more detailed statistics for July 2016 come out later this month or early next, school-by-school data is provided (at least for schools with a large enough number of takers so as to make any concerns about identifying individual takers baseless.)Follow @prof_amar Vikram David Amar is the Iwan Foundation Professor of… [read post]
11 Aug 2016, 9:01 pm by Vikram David Amar
Sometimes when a lawmaking body adopts a new rule that seeks to promote the protection of civil liberties, the effort backfires. [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]
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]
24 Aug 2016, 9:01 pm by Vikram David Amar
In a very unusual recent law review essay, University of Chicago (emeritus) law Professor Al Alschuler seeks to expose what he sees as judicial wrongdoing by Frank Easterbrook, a prominent judge on the United States Court of Appeals for the Seventh Circuit (who came to the bench after a prolific career as a law professor and legal scholar, also at the University of Chicago.) [read post]
19 Jun 2014, 9:01 pm by Vikram David Amar
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]
2 Jun 2016, 9:01 pm by Vikram David Amar
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]
10 Mar 2020, 9:01 pm by Vikram David Amar
Controversial immigration policies that originate in D.C. and that are enforced throughout the country by the Immigration and Customs Enforcement (ICE) agency continue to generate tremendous friction between the federal government, on the on hand, and the state and local governments, on the other. [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]
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]
6 Apr 2017, 9:01 pm by Vikram David Amar
Three days before Donald Trump took the presidential oath of office, Summer Zervos—a woman who had participated on Mr. [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]
8 Mar 2017, 9:01 pm by Vikram David Amar
Legal magazines have recently been reporting on a spate of legislative proposals in various states that seek, albeit in different ways, to give legislatures increased power to interpret and implement the Constitution in the face of judicial rulings with which the legislators may disagree. [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]