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31 Mar 2020, 9:01 pm by Vikram David Amar
., selective service conscription).In this regard, harken back to what another prominent constitutional scholar, Akhil Amar (my older brother), wrote about Obamacare in 2012: The next terrorist attack might very well be biological. . . . [read post]
18 May 2017, 9:01 pm by Vikram David Amar
Although I had planned to write on another subject this week, recent and fast-moving events warrant attention to the topic of impeachment, a process more and more commentators (and some legislators on Capitol Hill) have been mentioning. [read post]
28 Aug 2022, 9:01 pm by Vikram David Amar
I find the start of each academic year invariably invigorating. [read post]
6 Mar 2022, 9:01 pm by Vikram David Amar
As my co-author (Akhil Amar) and I discuss in an Article forthcoming in The Supreme Court Review (a draft of which is available on SSRN here), recent attention concerning ISL theory may have been generated by members of the Supreme Court itself; four Justices, drawing on arguments advanced in the Bush v. [read post]
22 Feb 2018, 9:01 pm by Vikram David Amar
At the end of the day, even those of us who are constitutional lawyers must appreciate that there is nothing that can remotely substitute for electing wise and thoughtful persons who exercise care and good judgment, and who take the long view of things.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]
Late last month, a federal trial court in Texas issued a nationwide order preventing the federal Department of Education (DOE), as well as a number of other federal agencies, from enforcing—anywhere in the country—their “interpretation of the definition of ‘sex’ in the various written directives … as applied to Title IX … and Title VII” (which are federal laws that prohibit certain entities from discriminating on the basis of sex). [read post]
29 Jun 2017, 9:01 pm by Vikram David Amar
So whether or not a broader executive privilege should have been recognized by the Court, Richard Nixon should not have benefitted from it, in the same way that other privileges do not protect persons engaged in ongoing criminality.That said, as commentators such as Akhil Amar have observed, there are aspects of the Court’s reasoning that don’t hold up well to careful scrutiny. [read post]
As Amar put it, “‘[e]mpower’ does not mean ‘require;’ rather, it means to create the power to do or not do something” (emphasis in original). [read post]
10 Sep 2015, 9:01 pm by Vikram David Amar
We are now just weeks away from the start of the Supreme Court’s 2015-2016 Term, and in the coming months the Justia Verdict site will feature previews and analyses of many important upcoming cases. [read post]
16 Jan 2014, 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]
10 Dec 2015, 9:01 pm by Vikram David Amar
Vikram David Amar is the Iwan Foundation Professor of Law and the Dean at the University of Illinois College of Law. [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]
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]
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]
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]
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]
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]
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]
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]