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14 Jul 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
Last month, Texas adopted an anti-abortion statute that is noteworthy not so much for how it tries to deter abortions but for how it tries to deter legal challenges to the statute itself. [read post]
11 Sep 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
The past term at the Supreme Court will certainly be known for the Dobbs decision overruling Roe v. [read post]
19 May 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
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]
31 Oct 2018, 9:01 pm by Vikram David Amar and Jason Mazzone
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]
28 Apr 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
Perhaps this could make the TJ case more like the Harvard dispute, which one of us (Amar) has argued could rightly be understood not necessarily as highlighting a problem with affirmative action generally, but instead with affirmative action plans that seek to burden Asians more than Whites. [read post]
4 Mar 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
(Justices Alito and Gorsuch in their dissent cast the issue more broadly, to include not just the Electors Clause of Article II, but also the Elections Clause of Article I, which contains similar language with regard to congressional elections as distinguished from presidential elector selection.)One of us (Vikram Amar) has elsewhere argued that the Republican Party’s theory here—that the federal Constitution frees state legislatures from state judicial review to… [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]
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]
16 Apr 2023, 9:02 pm by Vikram David Amar and Jason Mazzone
But for a recent example of the problems that arise when people speak before thinking these issues through, see this prior column that one of us (Amar) wrote.4. [read post]
10 Aug 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
A recent column in the New York Times entitled “Defying the Supreme Court,” by noted and Pulitzer-prize winning journalist David Leonhardt, exemplifies the problem. [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]
3 Feb 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
The Senate has announced that when it convenes later this month for the second impeachment trial of former President Donald J. [read post]
7 Feb 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
For many law students, membership in and service on an academic journal is a highlight of the law school experience. [read post]
26 Jun 2023, 9:01 pm by Vikram David Amar and Jason Mazzone
A recent controversy over an invited-speaker event at the University of Pittsburgh (a public university in Pennsylvania known as “Pitt”) illustrates how both sides in free speech controversies at public universities seem to do and say untenable things, and also how the Supreme Court could improve matters by providing more clarity on key doctrinal and practical questions.The following factual contentions are drawn (and quote) from a demand letter sent to Pitt officials by the Alliance… [read post]
18 Jun 2023, 9:03 pm by Vikram David Amar and Jason Mazzone
The United States Court of Appeals for the Fourth Circuit recently handed down an important 2-1 ruling in a case involving changes in the admissions policy at the Thomas Jefferson High School for Science and Technology (“Thomas Jefferson” or “TJ”) in Alexandria, Virginia, a public STEM-focused school that has a selective admissions process and that has traditionally served high-performing students. [read post]
4 Oct 2018, 9:01 pm by Vikram David Amar and Jason Mazzone
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]