In this second of a two-part series of columns, Illinois Law dean and professor Vikram David Amar evaluates the major constitutional and statutory voting rights claims asserted in the federal challenge to Texas’s use of the so-called Winner-Take-All approach to selecting the state’s representatives to the Electoral College. Amar explains why he finds both types of arguments set forth in the complaint largely unpersuasive.
Illinois Law dean and professor Vikram David Amar comments on a lawsuit recently filed in Texas challenging the winner-take-all method by which Texas (and other states) administer presidential elections. Amar explains the benefits and drawbacks of the method and why the lawsuit is unlikely to elicit changes in Texas or elsewhere.
Illinois Law dean and professor Vikram David Amar comments on the phenomenon by legislators on judges for alleged "activism." Amar argues that when the attacks on judicial independence move from seeking to limit jurisdiction or undo particular rulings to attempting to remove jurists themselves, although such attacks may not "seem" right, they are (perhaps oddly) legal. He points out that state constitutions operate not just in the larger context of morality and justice, but also in the larger context of the US Constitution. Ultimately, Amar explains, the most important decisions are made not by judges or even legislators, but by voters, when they elect people to the political branches.
Illinois Law dean and professor Vikram David Amar explains why the US Supreme Court was right to leave undisturbed the recent congressional redistricting ruling by the Pennsylvania Supreme Court. Amar describes the important role (and limitations) of state courts and state legislative bodies in our federal system.
Illinois Law dean and professor Vikram David Amar and UC Davis Law emeritus professor Alan E. Brownstein describe and analyze the two main legal doctrines that give rise to the action in the blockbuster movie The Post, which chronicles the efforts of journalists at the Washington Post and the New York Times to publish the Pentagon Papers. As Amar and Brownstein explain, the rule against prior restraint and the collateral bar rule animated many of the motives, moves, and countermoves that were documented in the acclaimed film.
Illinois Law dean and professor Vikram David Amar offers some wisdom he shared during his keynote remarks at the swearing-in ceremony of new lawyers in Springfield, Illinois, describing how lawyers can help build American democracy. Amar comments on the specific duties and responsibilities lawyers swear to uphold, and explains why these duties are critical to the very foundations of our country.
Illinois Law dean and professor Vikram David Amar offers five resolutions he, as a law school dean, hopes to achieve in 2018. These resolutions include taking time to read recent scholarship by his faculty, increasing attendance at campus events, improving communication between faculty and alumni, managing (and reducing, when feasible) bureaucratic burdens, and spending more time with students.
Illinois Law dean and professor Vikram David Amar describes three important constitutional takeaway lessons from 2017. First, improper motive is the key to attacking many government actions, but it is a difficult ground on which to succeed. Second, the US Supreme Court seems to take a different position from that of lower courts on a number of issues. Finally, many norms that people assume are enshrined in the Constitution are actually not.
Illinois Law dean and professor Vikram David Amar offers some timely tips for law students during the law school exam season. Noting that there often seems to be a divide between what students know on a given topic and what their exam answers convey to a grader, Amar provides common sense test-taking suggestions to help bridge that gap, as well as insight into what law professors often look for in a successful exam answer.
Illinois Law dean and professor Vikram David Amar offers some thoughts on the divisive ongoing conversation about the possibility of the Senate voting to expel Senate candidate Roy Moore from Alabama, if he should win next month’s special election. Amar looks at the history of the practice of Senate expulsion, as well as some of the uncertainties that surround it.
Illinois Law dean and professor Vikram David Amar explains the federalism doctrines implicated by Attorney General Sessions’ attempt to deny funding to sanctuary jurisdictions. Amar points to lower court decisions that reflect a misunderstanding of the doctrines and calls upon federal courts and their law clerks to better understand and apply not just the nuanced technical details of various specific doctrines, but the overall federalism big picture as well.
Illinois Law dean and professor Vikram David Amar comments on the increasingly frequent practice of federal district courts issuing injunctions that extend relief beyond the plaintiffs in the case. Amar describes the problems with this practice and calls upon the US Supreme Court to clarify the doctrine of when nationwide (or global) injunctions by federal district courts are permissible and when they are not.
Illinois Law dean and professor Vikram David Amar and UC Davis Law emeritus professor Alan E. Brownstein propose and analyze a law to prevent hostile listeners from “shouting down” controversial speakers that, arguably, would pass constitutional muster. Amar and Brownstein do not fully agree on which standard of review should apply to the regulation they propose, but they do agree that the mere fact that a general law is applied to conventionally expressive conduct does not always justify increasing the standard of review applied to it.
Illinois Law dean Vikram David Amar and UC Davis Law emeritus professor Alan E. Brownstein point out that the US Supreme Court has no comprehensive doctrine on compelled speech under the First Amendment, especially as compared to its very nuanced doctrine on suppression of speech. Amar and Brownstein identify core elements that should comprise a comprehensive doctrine and call upon the Supreme Court to adopt similar guidelines when it decides an upcoming case, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, in which a baker challenges a Colorado public accommodations law on First Amendment grounds, citing compelled speech. Without taking a position on how this dispute should be resolved as a matter of social policy, Amar and Brownstein argue that the doctrinal framework they describe does not support rigorous review in this case.
Illinois Law dean and professor Vikram David Amar continues his discussion of the proposal by Silicon Valley billionaire investor Tim Draper to break up California into three separate states. Amar describes several political obstacles to Draper’s proposal and explains how implementation of the National Popular Vote plan could actually help Draper achieve his goal of dividing the state.
Illinois Law dean and professor Vikram David Amar comments on the proposal by Tim Draper to split California into several states. Amar highlights some of the legal issues with such a proposal.
Illinois Law dean and professor Vikram David Amar comments on the recent indications that the Trump Justice Department will investigate and possibly sue colleges and universities that make use of race-based affirmative action. Without expressing views as to the merits of pending lawsuits, Amar explains how one can simultaneously support race-based affirmative action and oppose the so-called “Asian penalty”—that is, systematically requiring Asian American applicants to have higher scores than white applicants.
Illinois Law dean and professor Vikram David Amar argues, contrary to the consensus of legal pundits, that President Trump likely does not have to dispose of Attorney General Jeff Sessions in order to fire Special Counsel Robert Mueller. Amar provides three reasons for his conclusion that the disposition of Sessions is beside the point in the president’s war against Mueller, but he points out that there are more downsides to getting rid of Sessions (for Trump) than there are upsides.
Illinois Law dean and professor Vikram David Amar comments on the U.S. Supreme Court’s recent decision in Matal v. Tam, in which the Court struck down as unconstitutional part of the federal trademark registration statute that prohibits registration of disparaging marks. Amar points out that the Court’s decision in Matal is difficult to square with its reasoning and holding in Walker v. Texas Division, Sons of Confederate Soldiers, a case from two years ago in which the Court upheld Texas’s refusal to approve a specialty license plate design that made extensive use of the Confederate flag image.
Illinois Law dean and professor Vikram David Amar explains the U.S. Supreme Court’s seminal decision in United States v. Nixon and explains how it might affect the Trump administration in light of various ongoing investigations. Amar provides a brief summary of the Court’s holding in that case, calls attention to some weaknesses in its reasoning, and anticipates what issues might present themselves again.