Tag Archives: California

How Strong is San Francisco’s “Sanctuary City” Lawsuit Against the Trump Administration?

Illinois Law dean Vikram David Amar and California civil litigator Michael Schaps consider the strength of San Francisco’s lawsuit against the Trump Administration arising out of its identity as a “sanctuary city.” Amar and Schaps discuss both the ripeness of the claim, a threshold procedural matter, and also the merits of San Francisco’s arguments.

California’s Defeated Condom Initiative and the First Amendment

Cornell University professor Sherry F. Colb discusses California’s Proposition 60, a ballot initiative that recently failed in that state that would have required male actors in pornographic movies to wear condoms during performances. Colb considers both a First Amendment challenge to the ballot initiative, as well as a possible response to that challenge, and she argues the law would likely pass muster under the First Amendment.

California’s July 2016 Bar Results, and the Bar’s Apparent (and Wrong-Headed) Decision to Stop Providing School-by-School Data

Illinois Law dean and professor Vikram David Amar comments on the dropping passage rate of the California bar exam, and the bar’s apparent decision to stop providing school-by-school data on passage rates. Amar explains why releasing less—rather than more—data is a poor decision and calls upon the California bar to correct this wrong.

Racism, Classism, Feminism … and Brock Turner

Cornell University law professor Joseph Margulies responds to two of the most common criticisms of the trial and sentencing of former Stanford undergrad Brock Turner, who was convicted of sexually assaulting an unconscious woman. Margulies explains why a change to California law imposing a mandatory minimum sentence for this crime actually does not address these criticisms, and in fact exacerbates one of them.

The Scandalous Religious Liberty Project of this Era: Rights to Discriminate, Harass, and Harm at Will

A Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, Marci Hamilton comments on disclosure requirement and the non-discrimination component of California SB-1146. Hamilton argues that religious entities continue to demand the freedom to discriminate and harass, while insisting on calling it “religious liberty.”

The Vexing Nature of California’s Attempt to Protect Free Speech Through its Anti-SLAPP Statute

University of Illinois dean and law professor Vikram David Amar comments on a recent case that highlights the challenging nature of California’s attempt to protect free speech through its anti-SLAPP statute. Amar describes the background of the case as well as the larger problems that arise when applying the Anti-SLAPP law to discrimination and harassment lawsuits.

Chilling Scientific Inquiry

Chapman University law professor Ronald Rotunda comments on several instances in which the government is chilling scientific inquiry into the question of global warming. Rotunda argues that the marketplace of ideas, rather than the subpoena power of government, should decide what is true or false.

A Specific Proposal That Helps Give Us a Sense of What Getting Rid of Citizens United Might Entail

Illinois Law dean and professor Vikram David Amar examines California’s Proposition 49—which seeks the voters’ approval for the California legislature to ratify an amendment to the federal Constitution to overturn the U.S. Supreme Court’s 2010 decision in Citizens United v. FEC—in order to shine light on what might be required to overturn the decision on a federal level. Amar argues that Proposition 49 highlights just how difficult it would be to craft a workable constitutional amendment to overturn Citizens United.

Differing Perspectives on California Law Requiring Pregnancy Clinics to Post Abortion Information

Cornell University law professor Sherry Colb considers the perspectives of both sides of the controversy over a relatively new California law requiring licensed pregnancy centers to prominently post a notice about the availability of free or low-cost abortion, contraception, and prenatal care. Colb offers a compelling narrative to illustrate each perspective, ultimately concluding that while she personally agrees with one side neither is “right” in a moral sense.

Why the Challenges to California’s Reproductive Fact Act Are Likely Unpersuasive

Vikram David Amar, dean and law professor at the University of Illinois College of Law, and Alan Brownstein, professor at UC Davis School of Law, examine a court challenge brought against a recently enacted California law regulating family planning clinics. Amar and Brownstein argue that the law should survive these constitutional challenges.

What a California Proposal to Authorize the Killing of Gays Says About the Initiative Process and the First Amendment

UC Davis law professors Vikram David Amar and Alan E. Brownstein discuss the so-called “Sodomite Suppression Act”—a recently proposed California initiative. Amar and Brownstein argue that despite the clear illegality and immorality of the proposed initiative, many of the suggestions that the attorney who proposed it be punished or that the initiative process be altered to prevent these types of initiatives are themselves unconstitutional in some cases, and at best ill-advised in other cases.

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.

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.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.  Bef... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of L... more

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the leading church/state scholars in the United States, a Fox Distinguis... more

David S. Kemp
David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at... more