Showing results by author "Erwin Chemerinsky" in All Categories

Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.

Both historically and in the present, the Supreme Court has largely been a failure. In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them.

Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry.

After an unprecedented, relentless four-year investigation, the long-anticipated Starr Report arrived in 36 boxes to the House of Representatives on September 9, 1998. The report brought to a close the first chapter in the saga of the trials and tribulations of the Clinton presidency. But most importantly, it was a prime piece of evidence in the subsequent impeachment hearings.

The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights.

Presumed Guilty reveals how the Supreme Court allows the perpetuation of racist policing by presuming that suspects, especially people of color, are guilty.

From gun control to reproductive health, a conservative Supreme Court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the US Constitution that protects the rights of all people is now.

How can law schools can play a role in solving society's most difficult problems? Join Berkeley Law Dean Erwin Chemerinsky as he explores the answers.Transcripts for all episodes of More Just are available on the Berkeley Law Podcast Hub. Hosted on Acast. See acast.com/privacy for more information.