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Forced Pregnancy, Homophobia, and Child Marriage: How Religion Enables Abuse
Forced Pregnancy, Homophobia, and Child Marriage: How Religion Enables Abuse
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Supreme Court to Decide Between Establishment and Free Exercise in Kennedy v. Bremerton School District
Supreme Court to Decide Between Establishment and Free Exercise in Kennedy v. Bremerton School District
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The Supreme Court’s Stealth Attack on Expertise Helps Pave the Way for Authoritarianism
The Supreme Court’s Stealth Attack on Expertise Helps Pave the Way for Authoritarianism
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Tag Archives: Commerce Clause
Permalink to The Fifth Circuit Completely Botches the Federal Constitutional Issues Raised by OSHA’s Vaccine and Testing Requirements for Large EmployersThe Fifth Circuit Completely Botches the Federal Constitutional Issues Raised by OSHA’s Vaccine and Testing Requirements for Large Employers
The Fifth Circuit Completely Botches the Federal Constitutional Issues Raised by OSHA’s Vaccine and Testing Requirements for Large Employers
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Illinois Law dean Vikram David Amar and professor Jason Mazzone explain why a recent ruling by the U.S. Court of Appeals for the Fifth Circuit egregiously misunderstands the Commerce Clause issues presented in several lawsuits challenging the federal Occupational Safety and Health Administration (OSHA)’s authority to mandate vaccine and testing requirements for large employers. Dean Amar and Professor Mazzone focus on three ways in which the Fifth Circuit gets it wrong and expresses hope that the Sixth Circuit, which is where the lawsuits have been consolidated, does better.

Permalink to Why It is Unconstitutional for State Bars, When Doling out Bar-Exam Seats, to Favor In-State Law SchoolsWhy It is Unconstitutional for State Bars, When Doling out Bar-Exam Seats, to Favor In-State Law Schools
Why It is Unconstitutional for State Bars, When Doling out Bar-Exam Seats, to Favor In-State Law Schools

Illinois law dean Vikram David Amar explains why it is unconstitutional for state bars to favor in-state law schools when deciding who may sit for the state bar exam while complying with social distancing requirements, based on the Supreme Court’s precedents on the dormant Commerce Clause.

Permalink to How the Coronavirus Crisis Reveals Weaknesses Not Just in America’s Public Health Systems But in Our Constitutional DoctrinesHow the Coronavirus Crisis Reveals Weaknesses Not Just in America’s Public Health Systems But in Our Constitutional Doctrines
How the Coronavirus Crisis Reveals Weaknesses Not Just in America’s Public Health Systems But in Our Constitutional Doctrines

Illinois Law dean and professor Vikram David Amar explains how the current crisis caused by the novel coronavirus reveals flaws in both America’s public health system and also in the country’s constitutional doctrines. Responding in part to Professor Michael C. Dorf’s column of March 15 urging uniform federal restrictions, Amar expresses doubt as to whether Congress’s powers under Article I of the Constitution permit imposition of such a lockdown in the first place.

    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... more

    Neil H. Buchanan
    Neil H. Buchanan

    Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

    Sherry F. Colb
    Sherry F. Colb

    Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... more

    John Dean
    John Dean

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

    Michael C. Dorf
    Michael C. Dorf

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

    Samuel Estreicher
    Samuel Estreicher

    Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

    Leslie C. Griffin
    Leslie C. Griffin

    Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... 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... more

    Marci A. Hamilton
    Marci A. Hamilton

    MARCI A. HAMILTON is the Fels Institute of Government Professor of Practice, and Fox Family... more

    Joseph Margulies
    Joseph Margulies

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

    Austin Sarat
    Austin Sarat

    Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

    Lesley Wexler
    Lesley Wexler

    Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more

    Columnist Publications
    Justice Denied What America Must Do to Protect Its Children
    Constitutional Law, Cases and Materials (University Casebooks)
    Family Law in New York
    God vs. the Gavel The Perils of Extreme Religious Liberty
    Gender Equality Dimensions of Women's Equal Citizenship
    Inside the Castle: Law and the Family in 20th Century America
    Constitutional Law Concise Edition (University Casebooks)
    The First Amendment: Freedom of Speech: Its Constitutional History and the Contemporary Debate
    Pure Goldwater
    Warren G. Harding (The American Presidents Series)
    Blind Ambition: The White House Years
    The Debt Ceiling Disasters: How the Republicans Created an Unnecessary Constitutional Crisis and How the Democrats Can Fight Back
    Conservatives Without Conscience
    Worse Than Watergate: The Secret Presidency of George W. Bush
    The Nixon Defense: What He Knew and When He Knew It
    The Rehnquist Choice: The Untold Story of the Nixon Appointment That Redefined the Supreme Court
    Fundamentalism, Politics, and the Law
    Gender & Law: Theory Doctrine & Commentary, Sixth Edition
    Broken Government: How Republican Rule Destroyed the Legislative, Executive, and Judicial Branches
    Mind if I Order the Cheeseburger?: And Other Questions People Ask Vegans
    Mind if I Order the Cheeseburger?: And Other Questions People Ask Vegans
    Nine to Five: How Gender, Sex, and Sexuality Continue to Define the American Workplace