Illinois Law dean Vikram David Amar comments on the debt-ceiling controversy and argues that the left would be well-advised to engage the merits of these political and constitutional questions, rather than invoking the “the other side is unfairly trying to undo things that have already been decided” argument. Dean Amar points out that in fiscal politics and constitutional law, the status quo is not nearly as easy to identify or rigid as some would suppose, and very few decisions are truly immune from reconsideration, despite the principle of stare decisis.
Illinois Law dean Vikram David Amar comments on California’s SB 403, which proposes to prohibit discrimination on the basis of caste. Dean Amar points out some of the constitutional flaws in the bill and describes some changes that likely need to be made to make the law more constitutionally defensible.
Illinois Law Dean Vikram David Amar explores some of the difficult questions related to First Amendment challenges to public university diversity, equity, and inclusion (DEI) policies and programs. Dean Amar points out that while open-ended balancing tests are often unsatisfying, sometimes—as may be the case with these challenges—they are also the best courts can come up with.
Illinois Law Dean Vikram David Amar comments on the latest developments in Moore v. Harper, the pending Supreme Court case involving the “Independent State Legislature” (ISL) theory of Articles I and II of the Constitution. Dean Amar explains how we might interpret the Moore parties’ offer (and the Justices’ acceptance) of supplemental briefing on the effect of the ruling by the North Carolina Supreme Court last week and explores the significance of newly reported information about Justice Sandra Day O’Connor’s apparent abandonment of ISL theory during the deliberations in the 2000 Bush v. Gore case.
Illinois Law Dean Vikram David Amar and Professor Jason Mazzone argue that, in light of the North Carolina Supreme Court’s “switcheroo” regarding partisan gerrymandering, the U.S. Supreme Court should immediately grant certiorari in Huffman v. Neiman to resolve the question of “Independent State Legislature (ISL) theory. Dean Amar and Professor Mazzone point out that the intense litigation pressure of today’s presidential elections and the shaky stature of the present Supreme Court together strongly support the Court acting quickly to resolve this pressing issue.
In this second of a series of columns in response to the Stanford Law School controversy involving disruption of a federal judge’s speech, Illinois Law dean Vikram David Amar and professor Jason Mazzone offer additional thoughts about how to design a training session about the freedom of speech and norms of the legal profession should include. Specifically, Dean Amar and Professor Mazzone discuss (1) when and how educational institutions should themselves speak, (2) the best ways to register disagreement with offensive speakers and messages, and (3) what schools should do about students who say they feel genuinely harmed or unsafe when certain kinds of speakers are present.
In response to the Stanford Law School controversy involving disruption of a federal judge’s speech, Illinois Law dean Vikram David Amar and professor Jason Mazzone offer thoughts about how to design a training session about the freedom of speech and norms of the legal profession should include. In this first of a series of columns, Dean Amar and Professor Mazzone focus on two key topics: (1) What, precisely is “shouting down” of a speaker, and why can such activity be prohibited and punished? And (2) What About the Venerable Tradition of “Civil Disobedience”?
Illinois Law dean Vikram David Amar comments on a recent decision by a federal district judge striking down Missouri’s Second Amendment Preservation Act (SAPA). Dean Amar argues that while there are signification portions of SAPA that are unconstitutional and should be enjoined, the court’s decision is overbroad and poorly reasoned and should be reversed in part on appeal.
In this second in a series of columns about law school rankings, Illinois Law dean Vikram David Amar explains how rankings for law (and medical) schools can benefit from innovations in college sports rankings. Specifically, Dean Amar suggests greater reliance on numerical, analytic metrics to help with assessments, less frequent updating of the rankings, and enabling consumers to adjust the weight of various ranking factors according to what they value in a school.
In this first of a series of columns on the controversy over the rankings of academic institutions, Illinois Law dean Vikram David Amar explains the source of the controversy and describes some of the inconsistencies among the critics—among whom he counts himself. Dean Amar points out that academic rankings might look to sports rankings to see how the latter solves some of the issues inherent in prominent national rankings.
Illinois Law dean Vikram David Amar analyzes last week’s oral argument in the Moore v. Harper case before the U.S. Supreme Court, which raises the “Independent State Legislature” (ISL) theory. Dean Amar makes seven key observations, including that a majority of the Court seems poised to reject ISL’s basic textual premise but also a middle group of Justices seem inclined to retain U.S. Supreme Court oversight over state courts on issues of federal elections.
Illinois Law dean Vikram David Amar and California civil litigator Michael Schaps respond to the apparent view of a Georgia trial court judge that the current Supreme Court cannot retroactively affect the previous status (existence/non-existence) of a constitutional right found by a previous Court. Dean Amar and Mr. Schaps point out the flaws of this view and the absurd outcomes it would lead to if taken to its logical extension.
Illinois Law dean Vikram David Amar continues his discussion of why the “Independent State Legislature” theory is incorrect and counter to the original understanding of the Constitution. Dean Amar points to four key errors the Petitioners in Moore v. Harper make in their filings with the Supreme Court and argues that some of their omissions demonstrate just how non-originalist their theory really is.
Illinois Law dean Vikram David Amar explains what Moore v. Harper, the case the U.S. Supreme Court will hear in December involving the so-called “Independent State Legislature” (ISL) theory, tells us about principled originalism. Specifically, Dean Amar argues that to embrace ISL theory would mean flouting George Washington, the first Congress, and the makers of all the early post-ratification state constitutions (to say nothing of the Americans who adopted the Constitution against the backdrop of the Articles of Confederation’s apparent meaning)—indeed the very antithesis of originalism.
Illinois Law dean Vikram David Amar, professor Jason Mazzone, and Yale College junior Ethan Yan comment on some of the issues created by Ben Sasse’s (R – Nebraska) expected departure from the U.S. Senate. Dean Amar, Professor Mazzone, and Mr. Yan describe the requirements and constraints of Nebraska state law and the U.S. Constitution.
Illinois Law dean Vikram David Amar rebuts an argument by Professor Will Baude and Michael McConnell regarding the so-called “Independent State Legislature” theory, which is being invoked by Republican elected legislators in North Carolina in a case currently before the U.S. Supreme Court. Dean Amar explains why the best understanding of the term “legislature” as used in Articles I and II of the U.S. Constitution to describe logistics of federal election logistics is “lawmaking system,” rather than a specific entity or body of persons.
Illinois Law dean Vikram David Amar and professor Jason Mazzone comment on recent comments by U.S. Supreme Court Justice Elena Kagan expressing reservations about doctrinal changes attributable to the arrival of new Justices. Dean Amar and Professor Mazzone argue that new Justices have played an important and generally positive role in advancing the constitutional landscape.
Illinois Law dean Vikram David Amar and professor Jason Mazzone consider some possible explanations for the ever-decreasing number of applicants for tenured/tenure-track faculty among law schools. Dean Amar and Professor Mazzone propose five possible reasons but point out that whatever the true reason(s), the apparent decline in the demand among talented new legal minds for law-teaching jobs should be a topic of discussion and concern.
Illinois Law dean Vikram David Amar and professor Jason Mazzone respond to several points about originalism made by Berkeley Law Dean Erwin Chemerinsky in a recent article published in The Atlantic. Dean Amar and Professor Mazzone explain why three claims in particular—that originalism is an “obscure legal theory” only a few decades old, that judicial review in the federal courts is anti-originalist, and that accurately determining original meaning is “impossible.”
In light of the advent of a new academic year, Illinois Law dean Vikram David Amar offers twelve pieces of advice for incoming law students.