scispace - formally typeset
Search or ask a question
Author

Vikram D. Amar

Bio: Vikram D. Amar is an academic researcher from University of Illinois at Urbana–Champaign. The author has contributed to research in topics: Constitution & Supreme court. The author has an hindex of 6, co-authored 55 publications receiving 184 citations. Previous affiliations of Vikram D. Amar include West Virginia University College of Law & University of California, Davis.


Papers
More filters
Posted Content
TL;DR: In this article, the authors argue that age-defined groups, like other groups protected by the Constitution against discrimination in voting, are essential participants in the jury process as well, regardless of how these groups fare under Sixth Amendment or equal protection approaches.
Abstract: The Supreme Court has grappled with the constitutional limits on discrimination in the jury selection process for over one hundred years, beginning with the decisions in 1879 involving state laws and practices that excluded blacks from sitting on juries altogether. In the last nine years alone, the Court has decided six significant cases concerning alleged racial discrimination in jury composition.The argument of this Article is that the link between jury service and other rights of political participation such as voting is an important part of our overall constitutional structure, spanning three centuries and eight amendments: the Fifth, Sixth, Seventh, Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth. One kind of group the Court has yet to protect against jury service discrimination is that defined by age, especially young adults. I argue that age-defined groups, like other groups protected by the Constitution against discrimination in voting, are essential participants in the jury process as well. In the end, the groups protected from discrimination in jury service should be the same groups protected from discrimination in voting, regardless of how these groups fare under Sixth Amendment or equal protection approaches.

35 citations

Journal Article
TL;DR: In this paper, the authors argue that age-defined groups, like other groups protected by the Constitution against discrimination in voting, are essential participants in the jury process as well, regardless of how these groups fare under Sixth Amendment or equal protection approaches.
Abstract: The Supreme Court has grappled with the constitutional limits on discrimination in the jury selection process for over one hundred years, beginning with the decisions in 1879 involving state laws and practices that excluded blacks from sitting on juries altogether. In the last nine years alone, the Court has decided six significant cases concerning alleged racial discrimination in jury composition.The argument of this Article is that the link between jury service and other rights of political participation such as voting is an important part of our overall constitutional structure, spanning three centuries and eight amendments: the Fifth, Sixth, Seventh, Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth. One kind of group the Court has yet to protect against jury service discrimination is that defined by age, especially young adults. I argue that age-defined groups, like other groups protected by the Constitution against discrimination in voting, are essential participants in the jury process as well. In the end, the groups protected from discrimination in jury service should be the same groups protected from discrimination in voting, regardless of how these groups fare under Sixth Amendment or equal protection approaches.

23 citations

Book
09 Jun 2017
TL;DR: The Concise Edition of this casebook as mentioned in this paper is a compact, easy-to-wield book that focuses on the text of Supreme Court opinions and other primary documents and provides as much of the raw case, constitutional provision, and statutory and historical note material as is practical to allow teachers the freedom to structure the course in their own ways and to encourage students to formulate their own generalizations directly from the materials.
Abstract: The Concise Edition of this casebook is a compact, easy-to-wield book that focuses on the text of Supreme Court opinions and other primary documents. Like the unabridged edition, it provides as much of the raw case, constitutional provision, and statutory and historical note material as is practical to allow teachers the freedom to structure the course in their own ways and to encourage students to formulate their own generalizations directly from the materials. At about 1000 pages, it concentrates on the role of the federal judiciary, separation of powers, federalism, all aspects of due process and equal protection, and certain topics within free speech and law and religion.

14 citations

Posted Content
TL;DR: Amar as mentioned in this paper connects up two great structural themes of the Constitution by identifying and exploring separation-of-powers implications of what is seemingly a federalism provision, and examines the ways in which direct election might have affected Congress' relationship with the Supreme Court.
Abstract: The Seventeenth Amendment requires direct popular election of United States Senators. The amendment's removal of state legislatures from the Senate election loop has obviously altered the relationship between federal and state governments. But less obvious are the ways in which direct election bears on the relationships within the federal government itself. In this article, Professor Amar connects up two great structural themes of the Constitution by identifying and exploring separation-of-powers implications of what is seemingly a federalism provision. In particular, Professor Amar looks at how direct election has made it more difficult to sandwich Senate service around a stint in the Executive Cabinet. He also looks at issues surrounding the nondelegation doctrine, and uses the Seventeenth Amendment to cast light on the permissibility of Congressional delegations of power to other federal branches. He goes on to discuss implications for administrative law doctrines such as Chevron deference. Finally, he examines the ways in which direct election might have affected Congress' relationship with the Supreme Court. In the end, Amar argues, direct election speaks to the Congressional/Presidential relationship, the Presidential/Judicial relationship, and the Congressional/Judicial relationship.

10 citations

Posted Content
TL;DR: Akhil and Vikram Amar as mentioned in this paper attack the constitutionality of the current presidential succession statute, which places the Speaker of the House and the Senate President pro tempore first and second in line, respectively, if there is neither a President nor a Vice President.
Abstract: In this essay, Akhil and Vikram Amar attack the constitutionality of the current presidential succession statute, which places the Speaker of the House and the Senate President pro tempore first and second in line, respectively, if there is neither a President nor a Vice President Relying on the words of the Framers, the text and logic of the Constitution, and various practical and ethical concerns, the Amars conclude that federal legislators are not "Officers" under the Succession Clause and thus ineligible for the line of succession Finally, the Amars suggest that an updated succession statute should provide for a prompt national election after succession, and should iron out various other wrinkles in the current succession statute

6 citations


Cited by
More filters
01 Jan 2014
TL;DR: In this paper, Cardozo et al. proposed a model for conflict resolution in the context of bankruptcy resolution, which is based on the work of the Cardozo Institute of Conflict Resolution.
Abstract: American Bankruptcy Institute Law Review 17 Am. Bankr. Inst. L. Rev., No. 1, Spring, 2009. Boston College Law Review 50 B.C. L. Rev., No. 3, May, 2009. Boston University Public Interest Law Journal 18 B.U. Pub. Int. L.J., No. 2, Spring, 2009. Cardozo Journal of Conflict Resolution 10 Cardozo J. Conflict Resol., No. 2, Spring, 2009. Cardozo Public Law, Policy, & Ethics Journal 7 Cardozo Pub. L. Pol’y & Ethics J., No. 3, Summer, 2009. Chicago Journal of International Law 10 Chi. J. Int’l L., No. 1, Summer, 2009. Colorado Journal of International Environmental Law and Policy 20 Colo. J. Int’l Envtl. L. & Pol’y, No. 2, Winter, 2009. Columbia Journal of Law & the Arts 32 Colum. J.L. & Arts, No. 3, Spring, 2009. Connecticut Public Interest Law Journal 8 Conn. Pub. Int. L.J., No. 2, Spring-Summer, 2009. Cornell Journal of Law and Public Policy 18 Cornell J.L. & Pub. Pol’y, No. 1, Fall, 2008. Cornell Law Review 94 Cornell L. Rev., No. 5, July, 2009. Creighton Law Review 42 Creighton L. Rev., No. 3, April, 2009. Criminal Law Forum 20 Crim. L. Forum, Nos. 2-3, Pp. 173-394, 2009. Delaware Journal of Corporate Law 34 Del. J. Corp. L., No. 2, Pp. 433-754, 2009. Environmental Law Reporter News & Analysis 39 Envtl. L. Rep. News & Analysis, No. 7, July, 2009. European Journal of International Law 20 Eur. J. Int’l L., No. 2, April, 2009. Family Law Quarterly 43 Fam. L.Q., No. 1, Spring, 2009. Georgetown Journal of International Law 40 Geo. J. Int’l L., No. 3, Spring, 2009. Georgetown Journal of Legal Ethics 22 Geo. J. Legal Ethics, No. 2, Spring, 2009. Golden Gate University Law Review 39 Golden Gate U. L. Rev., No. 2, Winter, 2009. Harvard Environmental Law Review 33 Harv. Envtl. L. Rev., No. 2, Pp. 297-608, 2009. International Review of Law and Economics 29 Int’l Rev. L. & Econ., No. 1, March, 2009. Journal of Environmental Law and Litigation 24 J. Envtl. L. & Litig., No. 1, Pp. 1-201, 2009. Journal of Legislation 34 J. Legis., No. 1, Pp. 1-98, 2008. Journal of Technology Law & Policy 14 J. Tech. L. & Pol’y, No. 1, June, 2009. Labor Lawyer 24 Lab. Law., No. 3, Winter/Spring, 2009. Michigan Journal of International Law 30 Mich. J. Int’l L., No. 3, Spring, 2009. New Criminal Law Review 12 New Crim. L. Rev., No. 2, Spring, 2009. Northern Kentucky Law Review 36 N. Ky. L. Rev., No. 4, Pp. 445-654, 2009. Ohio Northern University Law Review 35 Ohio N.U. L. Rev., No. 2, Pp. 445-886, 2009. Pace Law Review 29 Pace L. Rev., No. 3, Spring, 2009. Quinnipiac Health Law Journal 12 Quinnipiac Health L.J., No. 2, Pp. 209-332, 2008-2009. Real Property, Trust and Estate Law Journal 44 Real Prop. Tr. & Est. L.J., No. 1, Spring, 2009. Rutgers Race and the Law Review 10 Rutgers Race & L. Rev., No. 2, Pp. 441-629, 2009. San Diego Law Review 46 San Diego L. Rev., No. 2, Spring, 2009. Seton Hall Law Review 39 Seton Hall L. Rev., No. 3, Pp. 725-1102, 2009. Southern California Interdisciplinary Law Journal 18 S. Cal. Interdisc. L.J., No. 3, Spring, 2009. Stanford Environmental Law Journal 28 Stan. Envtl. L.J., No. 3, July, 2009. Tulsa Law Review 44 Tulsa L. Rev., No. 2, Winter, 2008. UMKC Law Review 77 UMKC L. Rev., No. 4, Summer, 2009. Washburn Law Journal 48 Washburn L.J., No. 3, Spring, 2009. Washington University Global Studies Law Review 8 Wash. U. Global Stud. L. Rev., No. 3, Pp.451-617, 2009. Washington University Journal of Law & Policy 29 Wash. U. J.L. & Pol’y, Pp. 1-401, 2009. Washington University Law Review 86 Wash. U. L. Rev., No. 6, Pp. 1273-1521, 2009. William Mitchell Law Review 35 Wm. Mitchell L. Rev., No. 4, Pp. 1235-1609, 2009. Yale Journal of International Law 34 Yale J. Int’l L., No. 2, Summer, 2009. Yale Journal on Regulation 26 Yale J. on Reg., No. 2, Summer, 2009.

1,336 citations

Journal ArticleDOI
TL;DR: In this article, the authors consider how often minorities and women mobilize federal EEO laws in their fight for equal treatment in the marketplace, how often they with their cases, and how victory is related to their ability to organize and to get help from the federal government.
Abstract: This article attempts to establish theoretical and methodological links between work on social movements and work on the mobilization of law by analyzing legal mobilization as a social movement tactic-the pursuit of movement goals through "proper channels." Focusing on the movement for equal employment opportunity (EEO), the article considers how often minorities and women mobilize federal EEO laws in their fight for equal treatment in the marketplace, how often they with their cases, and how victory is related to thier ability to organize and to get help from the federal government. Analysis of one aspect of the mobilization of EEO laws-in the federal appellate courts-leads to some conclusions very much in keeping with recent work on social movements. They are that the relationship between grievances and mobilization is problematic, that blacks remain central to the struggle for equality in the United States, that resources matter for challengers of the status quo, and that the federal government can be ...

208 citations

Posted Content
TL;DR: The notion of public deliberation has become an important focus of research, theory, and public practice as discussed by the authors, which has the power to organize not only deliberation theory and research but also much of the larger body of work in political communication, including informal conversation, media and public opinion, elections, government institutional behavior, jury decision making, public meetings, and civic and community life.
Abstract: During the past fifteen years, public deliberation has become an important focus of research, theory, and public practice. This has sometimes led to a variety of narrow conceptualizations that limit deliberation to particular forms of interaction, such as small group discussion, or to divergent conceptualizations deployed in different contexts, such as for media systems versus face-to-face discussions. To address this problem, we advance a flexible yet precise definition of deliberation that has the power to organize not only deliberation theory and research but also much of the larger body of work in political communication. As defined herein, deliberation includes both analytic and social processes and provides a unifying conceptual and critical framework for studying nearly the full range of political communication topics, including informal conversation, media and public opinion, elections, government institutional behavior, jury decision making, public meetings, and civic and community life. Using our flexible conceptualization, each of these research contexts amounts to a kind of deliberative critique and empirical analysis of public life.

128 citations

Journal ArticleDOI
TL;DR: In this paper, an analogy between single test items and single nontest actions in everyday life is drawn, and three requirements of good test items are restated, and the analogy is employed to account for underrecognition of the importance of general intelligence in everyday actions.

108 citations

Journal ArticleDOI
TL;DR: In this article, curriculum theory is used to analyze three primary processes of the criminal justice system and demonstrate the operation of two parallel curricula within them: a symbolic, overt curriculum rooted in positive civic conceptions of fairness and democracy; and a hidden curriculum, rooted in empty or negative conceptions of certain citizens and their relationship to the state.
Abstract: There are at least two central pathways through which the modern democratic state interacts with citizens: public school systems and criminal justice systems. Rarely are criminal justice systems thought to serve the educational function that public school systems are specifically designed to provide. Yet for an increasing number of Americans, the criminal justice system plays a powerful and pervasive role in providing a civic education, in anticitizenry, that is the reverse of the education that public schools are supposed to offer. We deploy curriculum theory to analyze three primary processes of the criminal justice system—jury service, incarceration, and policing—and demonstrate the operation of two parallel curricula within them: a symbolic, overt curriculum rooted in positive civic conceptions of fairness and democracy; and a hidden curriculum, rooted in empty or negative conceptions of certain citizens and their relationship to the state.

102 citations