Erwin Chemerinsky
Encyclopedia
Erwin Chemerinsky is an American lawyer
and law professor. He is a prominent scholar in United States constitutional law
and federal civil procedure
. He is the current and founding dean
of the University of California, Irvine School of Law
, which began classes in the fall semester of 2009.
's South Side
, Chemerinsky attended the University of Chicago Laboratory Schools
for high school. He then earned a bachelor's degree in communication from Northwestern University
in 1975 where he competed as a debater and then attended Harvard Law School
, where he was a member of the Harvard Legal Aid Bureau
, graduating in 1978.
and at DePaul University College of Law
before moving to Duke University
on July 1, 2004, and then UC Irvine
in July 2008.
In 1995, Chemerinsky was a commentator on the O.J. Simpson trial on KCBS-TV
, KNX
, and CBS News
.
Chemerinsky has published six books (three of which having been printed in multiple editions), numerous articles, and a regular column on the United States Supreme Court carried by California Lawyer, the Los Angeles Daily Journal, and Trial Magazine. Chemerinsky has also argued several cases before the United States Supreme Court, including Scheidler v. NOW, Tory v. Cochran
, Van Orden v. Perry
and Lockyer v. Andrade
.
In March 2011, The National Jurist: The Magazine for Law Students picked Chemerinsky one of the "23 Law Profs to Take Before You Die".
and disagreed with the decision in District of Columbia v. Heller
, saying that even if an individual right to bear arms exists, the District of Columbia was justified in restricting that right because they believed that the law would lessen violence. George Will
specifically mentioned and responded to Chemerinsky's argument in a column that ran four days later.
Chemerinsky believes that Roe v. Wade
was correctly decided. He says, "Judicial activism
is the label for the decision that people don't like." He also believes that gay marriage should be legal.
Chemerinsky also represents a client held at the Guantanamo Bay detention center. He is in favor of affirmative action
.
. Following an incident in which nine members of the (UCI) Muslim Students Union disrupted a speech by Israeli Ambassador Michael Oren, Chemerinsky asserted that broad freedom exists to invite speakers and hold demonstrations, but that once a speaker has begun an invited lecture, “You have the right – if you disagree with me – to go outside and perform your protest. But you don’t get the right to come in when I’m talking and shout me down. Otherwise people can always silence a speaker by heckler’s veto, and Babel results.” After the interruptions, Ambassador Oren completed his remarks and canceled the Q&A session. The students were arrested by University of California Irvine Police, who were on hand.
. President Clinton
briefly considered Chemerinsky for an opening on the Ninth Circuit Court of Appeals
. However, his brief candidacy ended when Senate
Republicans
sent the word that his nomination would be dead on arrival.
In 2006 he declined an offer to become the next dean at the University of North Carolina School of Law
. He was then a finalist to become dean at Duke University School of Law
.
, resolving a hiring controversy.http://today.uci.edu/news/release_detail.asp?key=1665 After signing a contract on September 4, 2007, the hire was rescinded by UCI Chancellor Michael V. Drake
, because he felt the law professor's commentaries were "polarizing" and would not serve the interests of California's first new public law school in 40 years; Drake claimed the decision was his own and not the subject of any outside influence.
The action was criticized by both liberal and conservative scholars who felt it hindered the academic mission of the law school, and few believed Chancellor Drake's claims that it was not the result of outside influence. The issue was the subject of an editorial
in The New York Times
on Friday, September 14. Details emerged revealing that UCI had received criticism on the hire from California Chief Justice
Ronald M. George
, who criticized Chemerinsky's grasp of death penalty appeals, as well as a group of prominent Orange County Republicans and Los Angeles County Supervisor Michael D. Antonovich
, who wanted to derail the appointment. Drake traveled over a weekend to Durham, North Carolina
, and the two reached an agreement late Sunday evening.
On September 17, Chemerinsky issued a joint press release with UCI Chancellor Michael V. Drake
indicating that Chemerinsky would head the UCI law school, stating "Our new law school will be founded on the bedrock principle of academic freedom. The chancellor reiterated his lifelong, unqualified commitment to academic freedom, which extends to every faculty member, including deans and other senior administrators."
In addition, Chemerinsky has published over one hundred law review
articles, including publications in the Harvard Law Review
, Yale Law Journal
, Stanford Law Review
, Michigan Law Review
, Northwestern University Law Review
, University of Pennsylvania Law Review
, and Southern California Law Review
.
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
and law professor. He is a prominent scholar in United States constitutional law
United States constitutional law
United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution.- Introduction :United States constitutional law defines the scope and application of the terms of the Constitution...
and federal civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
. He is the current and founding dean
Dean (education)
In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...
of the University of California, Irvine School of Law
University of California, Irvine School of Law
The University of California, Irvine School of Law is the law school at the University of California, Irvine . It is the fifth law school in the UC system and the first public law school to open in California in 40 years...
, which began classes in the fall semester of 2009.
Early life and education
Raised in a working-class Jewish family on ChicagoChicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
's South Side
South Side (Chicago)
The South Side is a major part of the City of Chicago, which is located in Cook County, Illinois, United States. Much of it has evolved from the city's incorporation of independent townships, such as Hyde Park Township which voted along with several other townships to be annexed in the June 29,...
, Chemerinsky attended the University of Chicago Laboratory Schools
University of Chicago Laboratory Schools
The University of Chicago Laboratory Schools is a private, co-educational day school in Chicago, Illinois. It is affiliated with the University of Chicago...
for high school. He then earned a bachelor's degree in communication from Northwestern University
Northwestern University
Northwestern University is a private research university in Evanston and Chicago, Illinois, USA. Northwestern has eleven undergraduate, graduate, and professional schools offering 124 undergraduate degrees and 145 graduate and professional degrees....
in 1975 where he competed as a debater and then attended Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
, where he was a member of the Harvard Legal Aid Bureau
Harvard Legal Aid Bureau
The Harvard Legal Aid Bureau is the oldest student-run legal services office in the country, founded in 1913. Located at 23 Everett Street in Cambridge, MA, the Bureau's mission is to provide an important community service while giving student attorneys the opportunity to develop professional...
, graduating in 1978.
Professional career
Chemerinsky taught for over twenty years at the University of Southern California Law SchoolUniversity of Southern California Law School
The University of Southern California Law School , located in Los Angeles, California, is a law school within the University of Southern California...
and at DePaul University College of Law
DePaul University College of Law
DePaul University College of Law is a law school located in Chicago, Illinois, USA. Founded in 1897 as the Illinois College of Law, the school became part of DePaul University in 1912 and is one of the academic colleges of DePaul, a Big East Conference university. The College is known for its...
before moving to Duke University
Duke University
Duke University is a private research university located in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present day town of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco industrialist James B...
on July 1, 2004, and then UC Irvine
University of California, Irvine
The University of California, Irvine , founded in 1965, is one of the ten campuses of the University of California, located in Irvine, California, USA...
in July 2008.
In 1995, Chemerinsky was a commentator on the O.J. Simpson trial on KCBS-TV
KCBS-TV
KCBS-TV, channel 2, is an owned-and-operated television station of the CBS Television Network, located in Los Angeles, California. KCBS-TV shares its offices and studio facilities with sister station KCAL-TV inside CBS Studio Center in the Studio City section of Los Angeles, and its transmitter...
, KNX
KNX (AM)
KNX is an all-news radio station in Los Angeles, California, USA. The station operates on a clear channel and is owned by CBS Radio. KNX broadcasts from facilities shared with sister stations KFWB, KCBS-FM, KTWV, and KAMP on Los Angeles' Miracle Mile...
, and CBS News
CBS News
CBS News is the news division of American television and radio network CBS. The current chairman is Jeff Fager who is also the executive producer of 60 Minutes, while the current president of CBS News is David Rhodes. CBS News' flagship program is the CBS Evening News, hosted by the network's main...
.
Chemerinsky has published six books (three of which having been printed in multiple editions), numerous articles, and a regular column on the United States Supreme Court carried by California Lawyer, the Los Angeles Daily Journal, and Trial Magazine. Chemerinsky has also argued several cases before the United States Supreme Court, including Scheidler v. NOW, Tory v. Cochran
Tory v. Cochran
Tory v. Cochran, 544 U.S. 734 , is a United States Supreme Court case involving libel. The case began in California with Johnnie Cochran, the famed attorney who represented O.J. Simpson, suing his former client Ulysses Tory for libel and invasion of privacy...
, Van Orden v. Perry
Van Orden v. Perry
Van Orden v. Perry, 545 U.S. 677 was a case decided by the Supreme Court of the United States of America, involving whether a display of the Ten Commandments on a monument given to the government at the Texas State Capitol in Austin violated the Establishment Clause of the First Amendment.In a...
and Lockyer v. Andrade
Lockyer v. Andrade
Lockyer v. Andrade, , decided the same day as Ewing v. California, held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual...
.
In March 2011, The National Jurist: The Magazine for Law Students picked Chemerinsky one of the "23 Law Profs to Take Before You Die".
Politics
Chemerinsky is pro-gun controlGun control
Gun control is any law, policy, practice, or proposal designed to restrict or limit the possession, production, importation, shipment, sale, and/or use of guns or other firearms by private citizens...
and disagreed with the decision in District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
, saying that even if an individual right to bear arms exists, the District of Columbia was justified in restricting that right because they believed that the law would lessen violence. George Will
George Will
George Frederick Will is an American newspaper columnist, journalist, and author. He is a Pulitzer Prize-winner best known for his conservative commentary on politics...
specifically mentioned and responded to Chemerinsky's argument in a column that ran four days later.
Chemerinsky believes that Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
was correctly decided. He says, "Judicial activism
Judicial activism
Judicial activism describes judicial ruling suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism, and which specific decisions are activist, is a controversial...
is the label for the decision that people don't like." He also believes that gay marriage should be legal.
Chemerinsky also represents a client held at the Guantanamo Bay detention center. He is in favor of affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
.
Irvine 11
Chemerinsky has defended freedom of speech from the Heckler's vetoHeckler's veto
A heckler's veto occurs when an acting party's right to freedom of speech is curtailed or restricted by the government in order to prevent a reacting party's behavior...
. Following an incident in which nine members of the (UCI) Muslim Students Union disrupted a speech by Israeli Ambassador Michael Oren, Chemerinsky asserted that broad freedom exists to invite speakers and hold demonstrations, but that once a speaker has begun an invited lecture, “You have the right – if you disagree with me – to go outside and perform your protest. But you don’t get the right to come in when I’m talking and shout me down. Otherwise people can always silence a speaker by heckler’s veto, and Babel results.” After the interruptions, Ambassador Oren completed his remarks and canceled the Q&A session. The students were arrested by University of California Irvine Police, who were on hand.
Recent publicity
In addition to teaching at the School of Law, Chemerinsky also teaches undergraduate classes in Political SciencePolitical science
Political Science is a social science discipline concerned with the study of the state, government and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior...
. President Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
briefly considered Chemerinsky for an opening on the Ninth Circuit Court of Appeals
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. However, his brief candidacy ended when Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
sent the word that his nomination would be dead on arrival.
In 2006 he declined an offer to become the next dean at the University of North Carolina School of Law
University of North Carolina School of Law
The University of North Carolina School of Law is a professional school within the University of North Carolina at Chapel Hill. Established in 1845, Carolina Law is among the oldest law schools in the nation and is the oldest law school in North Carolina. It is consistently ranked in the top-tier...
. He was then a finalist to become dean at Duke University School of Law
Duke University School of Law
The Duke University School of Law is the law school and a constituent academic unit of Duke University, Durham, North Carolina, United States. One of Duke's 10 schools and colleges, the School of Law began as the Trinity College School of Law in 1868. In 1924, following the renaming of Trinity...
.
Appointment controversy to head the UCI School of Law
On September 20, 2007, Chemerinsky was approved by the Regents of the University of California as the founding dean of the planned University of California, Irvine School of LawUniversity of California, Irvine School of Law
The University of California, Irvine School of Law is the law school at the University of California, Irvine . It is the fifth law school in the UC system and the first public law school to open in California in 40 years...
, resolving a hiring controversy.http://today.uci.edu/news/release_detail.asp?key=1665 After signing a contract on September 4, 2007, the hire was rescinded by UCI Chancellor Michael V. Drake
Michael V. Drake
Michael V. Drake is an American physician and current chancellor of the University of California, Irvine .-Early years:...
, because he felt the law professor's commentaries were "polarizing" and would not serve the interests of California's first new public law school in 40 years; Drake claimed the decision was his own and not the subject of any outside influence.
The action was criticized by both liberal and conservative scholars who felt it hindered the academic mission of the law school, and few believed Chancellor Drake's claims that it was not the result of outside influence. The issue was the subject of an editorial
Editorial
An opinion piece is an article, published in a newspaper or magazine, that mainly reflects the author's opinion about the subject. Opinion pieces are featured in many periodicals.-Editorials:...
in The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
on Friday, September 14. Details emerged revealing that UCI had received criticism on the hire from California Chief Justice
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
Ronald M. George
Ronald M. George
Ronald Marc George is the retired 27th Chief Justice of California, where he headed the Supreme Court of California and the Judicial Council of California...
, who criticized Chemerinsky's grasp of death penalty appeals, as well as a group of prominent Orange County Republicans and Los Angeles County Supervisor Michael D. Antonovich
Michael D. Antonovich
Michael Dennis Antonovich is a politician and the most senior-serving member of the Los Angeles County Board of Supervisors...
, who wanted to derail the appointment. Drake traveled over a weekend to Durham, North Carolina
Durham, North Carolina
Durham is a city in the U.S. state of North Carolina. It is the county seat of Durham County and also extends into Wake County. It is the fifth-largest city in the state, and the 85th-largest in the United States by population, with 228,330 residents as of the 2010 United States census...
, and the two reached an agreement late Sunday evening.
On September 17, Chemerinsky issued a joint press release with UCI Chancellor Michael V. Drake
Michael V. Drake
Michael V. Drake is an American physician and current chancellor of the University of California, Irvine .-Early years:...
indicating that Chemerinsky would head the UCI law school, stating "Our new law school will be founded on the bedrock principle of academic freedom. The chancellor reiterated his lifelong, unqualified commitment to academic freedom, which extends to every faculty member, including deans and other senior administrators."
Notable Commissions
- LAPDLos Angeles Police DepartmentThe Los Angeles Police Department is the police department of the city of Los Angeles, California. With just under 10,000 officers and more than 3,000 civilian staff, covering an area of with a population of more than 4.1 million people, it is the third largest local law enforcement agency in...
panel reviewing the Rampart ScandalRampart ScandalThe Rampart scandal refers to widespread corruption in the Community Resources Against Street Hoodlums anti-gang unit of the Los Angeles Police Department Rampart Division in the late 1990s. More than 70 police officers in the CRASH unit were implicated in misconduct, making it one of the most... - LA commission reviewing irregularities in LA city contracting.
- Helped write the LA city charter.
- Helped draft the Belarus constitutionConstitution of BelarusThe Constitution of the Republic of Belarus is the ultimate law of Belarus. Adopted in 1994, three years after the country declared its independence from the Soviet Union, this formal document establishes the framework of the Belarusian state and government and enumerates the rights and freedoms...
.
Publications
Chemerinsky has published several books:- The Conservative Assault on the Constitution (Simon & Schuster 2010)
- Enhancing Government (Stanford University Press 2008)
- Federal Jurisdiction (Aspen Law & Business 5th ed. 2007)
- Constitutional Law: Principles and Policies (Aspen Law & Business 3d ed. 2006)
- Constitutional Law (Aspen Law & Business 2d ed. 2005)
- Interpreting the Constitution (Praeger 1987)
In addition, Chemerinsky has published over one hundred law review
Law review
A law review is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association...
articles, including publications in the Harvard Law Review
Harvard Law Review
The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School.-Overview:According to the 2008 Journal Citation Reports, the Review is the most cited law review and has the second-highest impact factor in the category "law" after the...
, Yale Law Journal
Yale Law Journal
The Yale Law Journal is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School...
, Stanford Law Review
Stanford Law Review
The Stanford Law Review is a legal journal produced independently by Stanford Law School students. The journal was established in 1948 with future U.S. Secretary of State Warren Christopher as its first president...
, Michigan Law Review
Michigan Law Review
The Michigan Law Review is an American law reviews established in 1902, after Gustavus Ohlinger, a student in the Law Department of the University of Michigan, approached the Dean with a proposal for a law journal. The Michigan Law Review was originally intended as a forum in which the faculty of...
, Northwestern University Law Review
Northwestern University Law Review
The Northwestern University Law Review is a scholarly legal publication and student organization at Northwestern University School of Law. The Law Review's primary purpose is to publish a journal of broad legal scholarship. The Law Review publishes four issues each year...
, University of Pennsylvania Law Review
University of Pennsylvania Law Review
The University of Pennsylvania Law Review is a law review focusing on legal issues, published by an organization of second and third year J.D. students at the University of Pennsylvania Law School. It is the oldest law journal in the United States, having been published continuously since 1852...
, and Southern California Law Review
Southern California Law Review
The Southern California Law Review is the flagship scholarly journal of the USC Gould School of Law. The law review was established in 1927, and its students publish six issues in each annual volume....
.