How do Grutter and Fisher Bear on the Question Whether Law Reviews Can Take Race and Gender Into Account in Selecting Members (and Also Articles)? Part Two in a Series
21 Feb 2019, 9:01 pm
In our last column, we explored some threshold justiciability issues (focusing on the plaintiff’s standing to sue in federal court) in the recent federal lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR), challenging HLR’s use of race and gender in selecting members and also in selecting authors for publication. [read post]
Is California’s Mandate That Public Companies Include Women on Their Boards of Directors Constitutional? Part Two
18 Oct 2018, 9:01 pm
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]
Senate Secrecy: Can the Votes of Senators on President Trump’s Impeachment be Withheld from the Voting Public?
9 Jan 2020, 9:01 pm
Freeing senators from party-leader retribution would be nice, but there is simply no way to do that without freeing senators from accountability to the people of the states (who themselves may prefer to be as intensely partisan as their leaders are in today’s moment), which is the whole point of popular election of senators.Follow @prof_amar Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of… [read post]
Part Three on California’s Mandate That Women Be Placed on Corporate Boards: Dormant Commerce Clause and Improper Government Purpose Questions
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]
When, If Ever, Should a Legislature Be Able to Enact a Law that it Knows (or Should Know) that Courts Today Would Invalidate?
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]
Is Mississippi’s Distinctive Method of Electing Governors Constitutional? Part One in a Two-Part Series
14 Nov 2019, 9:01 pm
Last week Mississippi voters went to the polls to elect a new governor. [read post]
Examining Federal Court Power in the Challenge to Mississippi’s Regime for Electing Governors: Part Two in Series
1 Dec 2019, 9:01 pm
As we explained in a column a few weeks ago, Part One in a series, an important federal lawsuit challenging Mississippi’s scheme for electing governors is wending its way through the federal courts. [read post]
11 Dec 2019, 9:01 pm
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]
Can Law Reviews Take Race and Gender Into Account in Selecting Members (and Also Articles)? Part One in a Series
7 Feb 2019, 9:01 pm
For many law students, membership in and service on an academic journal is a highlight of the law school experience. [read post]
Is California’s Mandate That Public Companies Include Women on Their Boards Of Directors Constitutional?
4 Oct 2018, 9:01 pm
Earlier this week, California Governor Jerry Brown signed into law SB 826, a landmark measure that requires each publicly held corporation whose principal executive offices are located in California to have, by the end of 2019, at least one woman on its board of directors. [read post]
How Much Deference Will be Given to Affirmative Action Plans Fashioned by Students, and to Affirmative Action Plans More Generally?
7 Mar 2019, 9:01 pm
In our two previous columns on the recent lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR) for its use of race and gender in selecting its members and authors for publication, we explored challenges the plaintiff faces in establishing standing to sue in federal court, the relationship of Title VI and IX (the statutory provisions the plaintiff has invoked) to the constitutional… [read post]
When is it Constitutionally Problematic for Government to Ask Questions about the Race of Individuals?
3 Oct 2019, 9:01 pm
Jason: Vik, as you know, last month three Virginia couples sued their state in federal court challenging a law requiring them to identify and report their race on the state’s marriage license application form. [read post]