Vikram David Amar

Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Amar served as the Senior Associate Dean for Academic Affairs and a Professor of Law at the University of California, Davis School of Law, whose faculty he rejoined in 2007 after teaching at UC Hastings for a decade. He has also taught regularly as a visiting professor at UC Berkeley School of Law and at UCLA School of Law.

He received a bachelor's degree in history from UC Berkeley and his J.D. from Yale, where he served as an articles editor for the Yale Law Journal. Upon graduating from law school in 1988, Professor Amar clerked for Judge William A. Norris of the United States Court of Appeals for the Ninth Circuit, and then for Justice Harry A. Blackmun of the United States Supreme Court. After that he spent a few years at Gibson, Dunn & Crutcher, devoting half of his time to federal white-collar criminal defense and the other half to complex civil litigation.

Professor Amar writes, teaches and consults in the public law fields, especially constitutional law, civil procedure, and remedies. He is a co-author (along with William Cohen and Jonathan Varat) of Constitutional Law: Cases and Materials (Foundation Press, 12th ed. 2005), and is a co-author on a number of volumes of the Wright & Miller Federal Practice and Procedure Treatise (West Publishing Co.). In addition, he has published in a variety of journals, including the Yale Law Journal, the Stanford Law Review, the Cornell Law Review, the Virginia Law Review, the Vanderbilt Law Review, the California Law Review, the William and Mary Law Review, the Hastings Law Journal, Constitutional Commentary, the Hastings Constitutional Law Quarterly, and the Green Bag Journal.

Columns by Vikram David Amar

Lower Bar Pass Rates in Some States Should Cause Us to Examine This Year’s Test, and the Bar Exam in General

U.C. Davis law professor Vikram David Amar comments on the lower bar pass rate for the July 2014 exam as compared to prior years. Amar discusses the response by the exam’s creators and how educators, practitioners, and others can use the incident to explore broader questions regarding the licensure requirements for the practice of law.

Whether and Why Delegations of Government Power to Private Actors Are Problematic: The Court May Take Up the Nondelegation Doctrine in DOT v. Association of American Railroads

UC Davis law professor Vikram David Amar discusses a case the U.S. Supreme Court will decide this Term regarding the so-called nondelegation doctrine. Amar argues that the Court should uphold the delegation of power in this case and that related concerns about conflicts of interest and anti-competition that may arise from some delegations to market actors are better handled under a due process analysis.

Yet Another (Judicial) Incursion Into A State’s Decisions About How to Structure Direct Democracy: The Ninth Circuit’s Ruling in Chula Vista Citizens for Jobs and Fair Competition v. Norris

U.C. Davis School of Law professor Vikram David Amar describes a recent incursion by the U.S. Court of Appeals for the Ninth Circuit into California’s direct democracy system. Amar explains the U.S. Supreme Court precedents that led the Ninth Circuit to its conclusion, and he calls upon the Court to cut back or overrule its prior erroneous decisions to avoid future injuries to state direct democracy systems.

Are “Advisory” Measures (Like Proposition 49) Permitted on the California Ballot?

UC Davis law professor Vikram David Amar discusses a recent decision by the California Supreme Court temporarily blocking an “advisory” measure from appearing on the ballot. Focusing on the opinion by Justice Goodwin Liu, Amar describes three main weaknesses in the rationale behind disallowing the legislature from placing the advisory question (or any advisory question) on the ballot.

Is the University of California Wrong For Admitting More Non-Californians?

UC Davis law professor Vikram David Amar discusses the claim that the University of California is admitting out-of-state and international students to the exclusion of California students. Amar describes some of the factual misunderstandings leading to this criticism and explains why the University’s present solution actually represents a balancing act that benefits California students.

How to Read Justice Kennedy’s Crucial Concurring Opinion in Hobby Lobby: Part II in a Series

Vikram David Amar, a U.C. Davis law professor, continues his discussion of the significance of Justice Anthony Kennedy’s concurrence in Burwell v. Hobby Lobby Stores Inc.. Amar describes several ways in which Justice Kennedy’s concurrence can be read to limit the breadth of the Court’s holding in that case and suggests that lower courts should pay close attention to his concurring opinion when applying the Religious Freedom Restoration Act (RFRA) in subsequent cases.

A Potential Guide to the Meaning of Hobby Lobby: Why Justice Kennedy’s Concurring Opinion May Be Key, Part I

Professor Vikram David Amar, of U.C. Davis School of Law, explains why Justice Kennedy’s concurring opinion in Burwell v. Hobby Lobby Stores Inc. deserves heightened attention and weight. In this first of a two-part series of columns, Amar provides background on the roles and types of concurring opinions in 5-4 decisions and provides some historical examples of some key concurrences.

Follow-Up on California’s Legislative Effort to Repeal Proposition 187

U.C. Davis law professor Vikram David Amar continues his discussion of the California Legislature’s efforts to repeal, by ordinary legislation, provisions of a proposition that have been blocked indefinitely by a federal district court judge. Amar responds to arguments by the State Legislative Counsel that Proposition 187 can be repealed by simple legislation. He contends that the Legislative Counsel overreads the import of a judicial block on enforcement of the proposition and ignores the expressive effects of that law. Amar concludes by proposing that while he agrees that the repeal should go forward, it should follow prescribed procedures and include popular approval.

Why the California Legislature Can’t Simply Repeal the Judicially Invalidated Proposition 187

U.C. Davis law professor Vikram David Amar discusses efforts by California lawmakers to repeal provisions of the state code that a federal judge invalidated many years ago. Amar explains why those efforts, though understandable, reflect fundamental understandings of the scope of the legislature’s authority and the essence of judicial review.

The Equality and Coercion Issues Inadequately Addressed in Town of Greece v. Galloway

U.C. Davis law professors Vikram David Amar and Alan Brownstein express their surprise and disappointment at the U.S. Supreme Court’s recent ruling in Town of Greece v. Galloway, upholding a practice of starting town board meetings with a prayer. Amar and Brownstein argue that the decision inadequately addresses legitimate concerns over the plaintiff challengers’ equality- and liberty-based arguments. They conclude that Justice Kennedy, who authored the opinion, must view reality quite differently from how he did when he authored the majority opinion in Lee v. Weisman and struck down state-sponsored prayers at public middle and high school graduations.

How the Biggest Supreme Court Victory for Affirmative Action a Decade Ago Contributed to the Defeat for Affirmative Action Last Month in the Schuette Case

Justia columnist and U.C. Davis law professor Vikram David Amar discusses the U.S. Supreme Court’s recent decision in Schuette v. Coalition to Defend Affirmative Action upholding the Michigan state constitutional ban on race-based affirmative action. Amar explains how the Court’s 2003 decision in Grutter v. Bollinger—widely regarded as a victory for proponents of affirmative action programs—paradoxically contributed to the outcome in Schuette. Amar concludes that while diversity is a worthwhile rationale for race-based admissions programs, minority students would be better served if that rationale supplemented, rather than a replaced, the original remedial purpose of such programs.

What Will the Supreme Court Do in the False Campaign Speech Case, Susan B. Anthony List v. Driehaus, Argued This Week?

Justia columnist and UC Davis law professor Vikram David Amar discusses a campaign regulation case in which the U.S. Supreme Court heard oral arguments earlier this week. In that case, Susan B. Anthony List v. Driehaus, pro-life organization Susan B. Anthony List (SBA List) challenged on First Amendment grounds an Ohio law criminalizing certain false statements concerning a candidate for public office. Amar predicts what the Supreme Court will do and contrasts that with what he believes the Court should do in this case.

The Narrow (and Proper) Way for the Court to Rule in Hobby Lobby’s Favor

Justia columnist Vikram David Amar and Justia guest columnist Alan Brownstein, both U.C., Davis law professors, predict that Hobby Lobby will prevail in the Hobby Lobby Supreme Court case. They add that it will be very important for the preservation of other important legal principles and public policies that the Court not rule in Hobby Lobby’s favor on too broad a basis. Thus, they comment on how the opinion should—and should not—be crafted.

Is Tim Draper’s Six Californias Plan to Split the State Legal Under California Law?

Justia columnist and U.C. Davis law professor Vikram David Amar continues his discussion of the legal issues raised by Tim Draper’s “Six Californias” initiative. In this column, Amar focuses on one particular issue: whether California courts will block the initiative on the ground that it constitutes a “revision” of the California constitution. Amar explains the procedural distinctions between “revisions” and “amendments” to the state constitution and suggests that current case law does not clearly predict the outcome of the Six Californias initiative.

Consistency in the Treatment of Religious Liberty Claims: Hobby Lobby and Town of Greece Viewed Side by Side

Justia columnist Vikram Amar and Justia guest columnist Alan Brownstein, both U.C. Davis law professors, comment on two key upcoming Supreme Court cases involving religion: (1) the highly-anticipated Sebelius v. Hobby Lobby Stores, Inc. cases that will be argued in the Supreme Court next month, and that involve challenges under the federal Religious Freedom Restoration Act (RFRA) to the Affordable Care Act’s requirement that employers must provide contraceptive services in their healthcare policies offered to employees; and (2) Town of Greece v. Galloway, which involves the permissibility of state-sponsored prayers before town board meetings.

The Ninth Circuit, in SmithKline v. Abbott Labs, Bars Lawyers From Removing Gay/Lesbian Jurors: Part Two in a Two-Part Series

In the second in a two-part series of columns, Justia columnist Vikram David Amar and Justia guest columnist Alan Brownstein, both U.C., Davis law professors, continue their commentary on a Ninth Circuit decision regarding the use of peremptory challenges in jury selection to eliminate gay or lesbian jurors. Amar and Brownstein also note the strong possibility of additional developments that may follow in this area of law, and a host of others, regarding gay and lesbian rights, especially if intermediate level scrutiny is held by the Supreme Court, in the future, to govern all types of sexual-orientation-based discrimination.

The Ninth Circuit, in SmithKline v. Abbott Labs, Bars Lawyers From Removing Gay/Lesbian Jurors

In Part One of this two-part series of columns, Justia columnist Vikram David Amar and Justia guest columnist Alan Brownstein, both U.C., Davis law professors, discuss whether it violates the Fourteenth Amendment’s Equal Protection Clause for a lawyer to “strike” (that is, remove) individuals from a jury panel on account of their sexual orientation. Part Two in this two-part series of columns will appear on February 14.