Search for: "Vikram David Amar and Alan E. Brownstein"
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30 Sep 2021, 7:07 pm
“Some Hard Thought-Experiment Questions for Both Sides of the Abortion Debate”: Law professors Vikram David Amar and Alan E. [read post]
16 Apr 2021, 10:30 am
“Analyzing the Recent Sixth Circuit’s Extension of ‘Academic Freedom’ Protection to a College Teacher Who Refused to Respect Student Gender-Pronoun Preferences”: Law professors Vikram David Amar and Alan E. [read post]
25 Sep 2017, 11:52 am
"How First Amendment Speech Doctrine Ought to Be Created and Applied in the Colorado Baker/Gay Wedding Dispute at the Supreme Court": Law professors Vikram David Amar and Alan E. [read post]
30 Apr 2021, 10:26 am
” Law professors Vikram David Amar and Alan E. [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]
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]
26 Mar 2015, 9:01 pm
In the space below, we analyze some complicated legal questions arising out of a proposed California initiative—the so-called “Sodomite Suppression Act” (SSA)—whose illegality and immorality are not complicated at all. [read post]
15 Apr 2021, 9:01 pm
A few weeks back, in Meriwether v. [read post]
24 Jan 2018, 9:01 pm
The blockbuster movie The Post tells a very important real-life story about the efforts of the journalists and leaders of the Washington Post (including Katherine Graham, the first female head of a major American newspaper) and the New York Times to publish parts of a collection of classified documents (the “Pentagon Papers”) detailing non-public information about America’s controversial involvement in the Vietnam War. [read post]
9 Oct 2014, 9:01 pm
’Tis the season to begin looking carefully at the Supreme Court’s 2014–2015 docket, now that the Justices have returned from their summer recess and are hearing cases again. [read post]
29 Jul 2024, 9:02 pm
The Supreme Court’s recent decision in Trump v. [read post]
21 Sep 2017, 9:01 pm
Tornillo (striking down a Florida law mandating that a newspaper give space in the paper to political candidates who have been criticized by the newspaper to respond); PG&E v. [read post]
14 Jun 2018, 9:01 pm
One of the most contentious cases of the Supreme Court’s term has been Masterpiece Cakeshop, Ltd. v. [read post]
29 Apr 2021, 9:01 pm
About three weeks ago, in a per curiam (that is, unsigned) opinion in a case that was not fully briefed and argued at the Supreme Court, a majority of Justices (Justices Thomas, Alito, Gorsuch, Kavanaugh and Barrett) announced a potentially game-changing approach to processing claims brought under the Free Exercise Clause of the First Amendment. [read post]
1 May 2024, 9:01 pm
Debates about the permissibility of protests on college campuses today seem fixated on the notion of violence. [read post]
14 May 2020, 9:01 pm
An important case pending before the Supreme Court may provide important guidance on the question whether the Equal Protection Clause prohibits states from denying government subsidies to religious organizations who will use the funds for religious purposes. [read post]
28 Nov 2011, 6:42 am
” At Verdict, Vikram David Amar and Alan Brownstein argue that, even if the Proposition 8 case does reach the Court, “it is still quite unclear … whether the Court will rule on the merits—or instead dismiss the appeal on procedural grounds.” Also at Verdict, Julie Hilden explains why, in her view, the Court is likely to grant cert. to reverse a recent decision by the Third Circuit in an indecency case arising out of Janet… [read post]
25 Sep 2017, 4:14 am
” At Justia’s Verdict blog, Vikram Amar and Alan Brownstein weigh in on the free-speech claims raised in the case, asserting that “the Court—to this point—has not done a very comprehensive job in creating compelled speech doctrine,” and that what they view as the relevant factors “militate strongly against the baker’s compelled speech claim. [read post]
18 Jun 2018, 4:02 am
” Additional commentary comes from Vikram David Amar and Alan Brownstein at Justia’s Verdict blog, who remark that “what may be most memorable and important in this opinion is not the analytic moves it makes, but the tone it employs and the message about respect, civility, and dignity it tries to send. [read post]
4 Apr 2012, 7:42 am
” In an op-ed for the Los Angeles Times Vikram Amar and Alan Brownstein argue that “[t]here is no intellectually honest basis for concluding that the individual mandate will create a steeper slope less susceptible to judicial or political handholds and footholds than those slopes that already exist under current and accepted doctrine. [read post]
