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 on the Urbana-Champaign campus. Immediately prior to taking the position at Illinois in 2015, Amar served as the Senior Associate Dean for Academic Affairs and a Professor of Law at the UC Davis School of Law. He has also had teaching stints at three other law schools affiliated with the University of California: the UC Berkeley School of Law; the UCLA School of Law; and Hastings College of the Law.

He received a bachelor's degree in history from UC Berkeley and his JD from Yale, where he served as an articles editor for the Yale Law Journal. Upon graduating from law school in 1988, Dean 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.

Dean Amar writes, teaches and consults in the public law fields, especially constitutional law, civil procedure, and remedies. He is a co-author (along with Jonathan Varat) of Constitutional Law: Cases and Materials (Foundation Press, 15th ed. 2017), 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 articles and essays in a variety of journals, including the Yale Law Journal, the Stanford Law Review, the Virginia Law Review, the California Law Review, the Cornell Law Review, the Vanderbilt Law Review, the William and Mary Law Review, the Minnesota Law Review, the UC Davis Law Review, the Hastings Law Journal, Constitutional Commentary, the Hastings Constitutional Law Quarterly, and the Green Bag Journal.

Columns by Vikram David Amar

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.

Some Political and Constitutional Questions Raised by Tim Draper’s “Six Californias” Plan to Split Up California

Justia columnist and U.C. Davis law professor Vikram Amar comments on Silicon Valley billionaire investor Tim Draper's proposed plan to divide up California into six separate states, on the ground that California’s diverse population and economies currently render the state nearly ungovernable. In this column, Amar spots and preliminarily analyzes some of the major issues that may arise regarding Draper's plan. (If and when the proposed measure successfully moves through various stages of the political process, Amar will likely offer a more detailed analysis of many of the questions that the plan raises.)

The Question of Disparate Speech Impact in the Court’s Upcoming McCullen v. Coakley Case

Justia columnist Vikram David Amar and Justia guest columnist Alan Brownstein, both U.C., Davis law professors, analyze a very intriguing issue raised by a case that will be heard by the U.S. Supreme Court next month, McCullen v. Coakley, in which the plaintiffs challenge a Massachusetts law limiting pedestrian traffic near abortion clinics, because they seek to speak with women who are about to have an abortion and to attempt to deter them from doing so. Amar and Brownstein focus on how such laws ought to be categorized under Supreme Court precedent.

Is ALEC’s Draft “Equal State’s Enfranchisement Act,” Concerning U.S. Senate Elections, Constitutional?

Justia columnist and U.C., Davis law professor Vikram David Amar addresses the constitutionality of a proposal from the Federalism Working Group of the American Legislative Exchange Council (ALEC)—an influential and generally conservative policy-oriented institution—to meet to consider, among other things, a proposal that would empower state legislatures to add candidates to general election ballots for the office of United States Senator. Amar takes up the question whether a proposal like this would be consistent with the federal Constitution.

A Breakdown of this Week’s Supreme Court Oral Argument in the Town of Greece v. Galloway Case Involving Prayer at Town Board Meetings

Justia columnist and U.C. Davis law professor Vikram David Amar, and Justia guest columnist and U.C. Davis law professor Alan Brownstein comment on the Supreme Court oral argument in the Town of Greece Establishment Clause case. As Amar and Brownstein explain, the case involves the interesting issue of the constitutionality of prayer at town board meetings.

Precisely How Much Academic Freedom Should (Does) the First Amendment Afford to Professors and Teachers at Public Schools? The Ninth Circuit’s Take in the Recent Demers v. Austin Case

Justia columnist Vikram Amar and Justia guest columnist Alan Brownstein, both U.C. Davis law professors, analyze an important and interesting decision, Demers v. Austin, involving the First Amendment academic-freedom rights of public school and university faculty members that was handed down last week by the United States Court of Appeals for the Ninth Circuit. Amar and Brownstein argue that that a more concrete and categorical framework for resolving academic freedom disputes than the Ninth Circuit's needs to be fashioned.

Advice for the Law School Class of 2016: Ten Suggestions for Incoming Law Students

Justia columnist and U.C., Davis law professor Vikram David Amar offers advice for those who are starting law school this Fall. Amar bases his advice on his own experience as a law student, as a practicing lawyer, and as someone who has taught at four law schools over the past two decades. He offers certain advice that is intuitive but very much worth keeping in mind, and certain advice that is less intuitive and also worth poring over before classes start.

Another Front in the Same-Sex Equality Campaign: Jury Service, Peremptory Challenges, and the Smithkline Beecham Corp. v. Abbott Laboratories Case Pending in the Ninth Circuit

Justia columnist and U.C., Davis law professor Vikram David Amar comments on Smithkline Beecham Corp. v. Abbott Laboratories, which is being argued next month in the U.S. Court of Appeals for the Ninth Circuit. At issue is whether it is constitutionally permissible for a lawyer to eliminate would-be jurors from a case because of their sexual orientation. The issue arose in this antitrust lawsuit involving HIV medications, when an attorney exercised a peremptory strike to remove a possible juror from inclusion in the jury because, he said, the would-be juror was “or appears to be, could be, homosexual.” (Peremptory strikes allow each side of a case to remove a certain number of would-be jurors based on a hunch or intuition.)

Why California Should Repeal Proposition 8: Part Two in a Two-Part Series on What Should Happen to Same-Sex Marriage in California After Hollingsworth v. Perry

Justia columnist and U.C., Davis law professor Vikram David Amar describes why, despite the U.S. Supreme Court’s ruling in Hollingsworth v. Perry, California still ought to repeal the State’s Proposition 8, for a series of reasons. After chronicling recent Prop. 8-related events, such as the attempts of some—such as the San Diego County Clerk—to enforce Prop. 8 even now, Amar also suggests that it would be valuable to have California voters vote on Prop. 8 once again, given that voters’ views have significantly changed, and now align against the Proposition. Amar also describes the logistics of getting a repeal measure on the ballot.

Why the Proponents of California’s Same-Sex Marriage Ban Are Unlikely to Succeed in Getting the California Supreme Court to Enforce Proposition 8: Part One in a Two-Part Series on What Should Happen to Same-Sex Marriage in California after Hollingsworth v. Perry

In Part One of a two-part series of columns, Justia columnist and U.C., Davis law professor Vikram David Amar explains why the Prop. 8 proponents are very unlikely to get the California Supreme Court to enforce Prop. 8 in light of the U.S. Supreme Court’s related ruling, although they are trying to do so with various gambits nonetheless. Amar describes the proponents’ strategies and explains why they seem doomed to fail. (Part Two of this series will appear here on Justia on August 2.)

What the Supreme Court Should Have Said in the Proposition 8 Case, and How an Important Tweak Would Have Avoided Unnecessary Damage to the Initiative Device

Justia columnist and U.C., Davis law professor Vikram Amar comments on initiative-sponsor standing and its role in the Supreme Court’s Proposition 8 case. Amar deems the High Court’s invocation of such standing both attractive and hazardous, and explains why that is the case. He also notes that an appealing middle path was ignored here: A state should be free to authorize sponsors to defend initiatives (in a way that federal courts will accept), but the authorization has to be done carefully and in a fashion that the voters can see.

A Preview of Next Week’s Supreme Court Ruling in Hollingsworth v. Perry—The Case From California Involving Proposition 8’s Ban on Same-Sex Marriage: What to Expect and What to Look For

Justia columnist and U.C., Davis law professor Vikram David Amar offers thoughts on what we may expect to see in the Supreme Court’s ultimate ruling on Proposition 8. Among other points, Amar cautions that we should not expect a definite resolution of the federal constitutional question of same-sex marriage. He also describes some of the narrower options for which the Court might opt instead, and in some instances, the likelihood of particular options being chosen.

What Should the Supreme Court do With Town Board Prayers in Galloway v. Town of Greece? A Liberty-Based Analysis That Bolsters the Second Circuit’s Equality-Based Ruling

Justia columnist Vikram Amar and Justia guest columnist Alan Brownstein, both U.C. Davis law professors, comment on last week’s Supreme Court grant in Galloway v. Town of Greece, a case which raised the question whether it is constitutional for a Town board meeting to begin with a prayer that—while the Town claims that anyone can deliver the invocation—has in practice nearly only been delivered by Christian clergy. Amar and Brownstein agree with Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit that the Town’s practice constitutes an unconstitutional establishment of religion, and thus violates principles of religious equality. But they also contend that there is another important constitutional issue here, regarding religious liberty, as well, and they focus their column on that issue. They also contrast the roles of Town Boards and of State Legislatures in this context, and note why analogies to public schools are inapposite here.

Supreme Court’s Ruling in Arlington v. FCC Highlights Debate Over the Meaning and Future of Chevron Deference Doctrine in Administrative Law

Justia columnist and U.C., Davis law professor Vikram David Amar comments on a very recent Supreme Court administrative law opinion, Arlington v. FCC. First, Amar explains the key doctrine of Chevron deference, which was established in an earlier Court precedent, and was central here. He also comments on the Court’s rejection of an interpretation of the doctrine that would have significantly narrowed it. Finally, Amar also discusses the contrasting views of the concurring and dissenting opinions in the case.

The Breadth of the Ministerial Exception and Ecclesiastical Deference: A State Supreme Court Case Highlights Questions Left Open by Last Year’s U.S. Supreme Court Hosanna-Tabor Ruling

Justia columnist and U.C., Davis law professor Vikram David Amar comments on a decision from the Kentucky Supreme Court concerning the ministerial exception to employment discrimination law, which leaves some inquiries to ecclesiastical, rather than secular resolutions. In this area of law, Amar notes that last year’s U.S. Supreme Court case on the ministerial exception, Hosanna-Tabor, left a number of questions still to be answered by the courts, both state and federal—including the U.S. Supreme Court, meaning, Amar says, that future High Court clarification is likely.

If the Supreme Court Decides the Proposition 8 Sponsors Lack Standing, What Will Happen to Same-Sex Marriage in California? Part Two in a Two-Part Series of Columns

In Part Two of a two-part series of columns regarding legal issues relating to Proposition 8, Justia columnist and U.C., Davis law professor Vikram Amar comments on various scenarios relating to the Proposition that may or may not come to pass. The scenarios include a number of different ways in which Judge Walker’s injunction might be read.

Precisely What Will, or Should, Happen to Same-Sex Marriage in California if the Supreme Court Finds in Hollingsworth v. Perry That the Proposition 8 Sponsors Lack Standing? Part One in a Two-Part Series of Columns

Justia columnist and U.C., Davis law professor Vikram David Amar discusses what the legal consequences may be if the sponsors of California’s Proposition 8, the ban on gay marriage, are found by the Supreme Court to lack standing—that is, the legal right—to defend the Proposition. Amar comments on both what should, and what might, happen in that eventuality.

Why The U.S. Supreme Court Should Not Fear That Denying the Proposition 8 Sponsors Federal Standing Will Weaken The Initiative Device (And a Few Other Thoughts on the Oral Argument in Perry v. Hollingsworth)

Justia columnist and U.C., Davis law professor Vikram David Amar comments on the standing issues, as well as some other issues, that were discussed by the U.S. Supreme Court’s Justices in their recent oral argument regarding Proposition 8, the California measure that bans same-sex marriage. In particular, Amar discusses whether the proposition’s sponsors are the ones who should defend it in court, concluding that they are not. He adds, as well, that denying the sponsors standing will not weaken the initiative device. Moreover, Amar notes that state law could authorize sponsors to defend initiatives in the future, but the authorization must be done carefully, clearly, and in a way that is visible to voters. Amar also considers the possibility that the Proposition 8 case will ultimately be dismissed by the Supreme Court as having been improvidently granted.

(Unpersuasive) Challenges to the National Popular Vote Plan: Part One in a Series of Columns

Justia columnist and U.C., Davis law professor Vikram Amar defends the National Popular Vote (NPV) Compact against challenges raised by Willamette law professor Norman Williams, contending that each of those challenges lacks merit. As Amar explains, the NPV Compact seeks to move America toward making it ever more likely that the President who is elected is the candidate who obtains the most voter support nationwide, by getting various states to sign onto an agreement that would require each signatory state to cast its electoral college votes not for the candidate who garners a plurality of popular votes in that state, but rather for the candidate who wins the most popular vote nationally.