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27 Jun 2022, 4:00 am
For example, Mike's Verdict column on the case noted how Justice Thomas completely ignored the main branch of free speech doctrine to assert that it is comparable to his history-only methodology.More broadly, I can't say it any better today than Dean Erwin Chemerinsky said it in his classic Foreword to the Harvard Law Review written in 1989: "Constitutional law now and always is about values....Scholarship should reveal and debate the Court's value choices. [read post]
21 Jul 2015, 10:11 am
A new deadline appears: one day after the U.N. [read post]
3 Aug 2022, 11:44 am
Happily, The Washington Post's op-ed page on Monday featured a new piece by Laurence Tribe, Erwin Chemerinsky, and Dennis Aftergut, "The Electoral Count Act must be fixed. [read post]
26 Jul 2017, 2:11 pm
‘s petition for writ of mandate is reversed, and the cause remanded with directions to grant the petition.Secondary sources: Erwin et al., California Criminal Defense Practice (2016) Arraignment and Pleas, chapter 42.44[1], pages 42-154.8(5) to 42-154.9; California Criminal Law: Procedure and Practice (Cont. [read post]
30 Mar 2022, 6:00 am
Buchanan Late last week, Erwin Chemerinsky and Howard Gillman co-authored an important opinion column in The Washington Post: "Free speech doesn’t mean hecklers get to shut down campus debate. [read post]
9 Nov 2021, 11:01 am
The current dean of the law school at Berkeley (one of the public universities that is ranked above UF, but I digress) is Erwin Chemerinsky, who has long had a sterling reputation as a scholar and whose substantive views on matters of policy and law are clearly on the American left. [read post]
22 Feb 2022, 7:02 am
My good friend Dean Erwin Chemerinsky will no longer do Federalist Society events either.Other than retired Judge Richard Posner, Tushnet and Chemerinsky have been my most important mentors and I regard both men fondly and warmly (and with gratitude for all they have done for my career). [read post]
21 Jun 2021, 1:04 pm
Erwin (1988), the Supreme Court held that federal employees could be individually liable for tort damages arising from their conduct performed in the scope of their employment in some circumstances. [read post]
23 Aug 2023, 4:00 am
By Eric SegallI had an existential crisis in the Spring of 2012, just a few months before the hugely important Affordable Care Act case, NFIB v. [read post]
15 Jul 2016, 11:50 am
” Hadi has chosen a team of five civilian counsel: Rushforth, trial counsel James Szymanski and Robert Palmer, constitutional law scholar Erwin Chemerinsky, and international law scholar Catherine Moore. [read post]
8 Dec 2022, 2:07 pm
“For most constitutional provisions, there is no ‘original meaning’ to be discovered,” Berkeley law dean Erwin Chemerinsky writes in a new book, “Worse Than Nothing: The Dangerous Fallacy of Originalism. [read post]
4 Apr 2023, 10:02 am
By Eric SegallLeonard Leo's picks for lower court judges during the Trump administration were overwhelmingly white and male (with a few Asians thrown in). [read post]
29 Jun 2022, 7:15 am
Indeed, Professor Dorf has pointed out to me that a 2017 book by Erwin Chemerinsky and Howard Gillman describes polling data suggesting that things are now meaningfully different on campus. [read post]
9 Oct 2023, 4:00 am
The opinion is so deferential that Erwin Chemerinsky's Constitutional Law treatise concludes, "Descriptively ... a successful challenge to a federal law as an impermissible delegation of legislative power seems unlikely. [read post]
6 Jul 2021, 5:01 am
"That private technology platforms exert unparalleled power over political discourse is deeply undemocratic," write Prasad Krishnamurthy and Erwin Chemerinsky,[39] and I'm inclined to agree. [read post]
16 Sep 2020, 9:01 pm
But as my fellow law Dean Erwin Chemerinsky observed a handful of years ago, “the truth is that basic principles of law do not vary from state to state. [read post]
27 Aug 2012, 11:31 pm
– Erwin Griswold Recently the Justices asked the Solicitor General’s office for its views on two cases, one concerning the Clean Water Act, and the other concerning the immunity of a foreign government’s central bank when the U.S. seeks to seize its assets. [read post]
9 Sep 2021, 9:01 pm
Over the last month or so I have written (with co-author Evan Caminker of the University of Michigan Law School) two essays for this website (they are viewable here and here) explaining why a theory advanced in recent opinion pieces by esteemed Berkeley Law professors Erwin Chemerinsky and Aaron Edlin—arguing that the California gubernatorial recall procedures (specifically the inability of a recalled governor to run as his own immediate successor) violate the Equal Protection Clause… [read post]
13 Aug 2013, 7:03 am
For example, Dean Erwin Chemerinsky described Holder as “[p]erhaps the most troubling First Amendment decision of the Roberts Court. [read post]
19 Sep 2022, 10:30 am
Erwin, 155 F.3d 818 (6th Cir. 1998) (“A law enforcement officer does not violate the Fourth Amendment merely by approaching an individual, even when there is no reasonable suspicion that a crime has been committed, and asking him whether he is willing to answer some questions. . . . [read post]
