Chemerinsky During Hyatt III Sketch
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Erwin Chemerinsky (born May 14, 1953) is an American legal scholar known for his studies of
United States constitutional law The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the indi ...
and federal civil procedure. Since 2017, Chemerinsky has been the dean of the UC Berkeley School of Law. Previously, he also served as the inaugural dean of the
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. In September 2007, Erwin Chemerinsky was named as the law school's first dean. Chemerinsky ...
from 2008 to 2017. A study of legal publications between 2016 and 2020 found Chemerinsky to be the most frequently cited American legal scholar. Chemerinsky was named a fellow of the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (abbreviation: AAA&S) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, and ...
in 2016. The National Jurist magazine named him the most influential person in legal education in the United States in 2017. In 2021 Chemerinsky was named President-elect of the
Association of American Law Schools The Association of American Law Schools (AALS), formed in 1900, is a non-profit organization of 176 law schools in the United States. An additional 19 schools pay a fee to receive services but are not members. AALS incorporated as a 501(c)(3) non ...
.


Early life and education

Chemerinsky was born in 1953 in
Chicago, Illinois (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
. He grew up in a working-class
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
family on Chicago's South Side and attended the
University of Chicago Laboratory Schools The University of Chicago Laboratory Schools (also known as Lab or Lab Schools and abbreviated as UCLS though the high school is nicknamed U-High) is a Private school, private, co-educational Day school, day Early childhood education, Pre-K and K ...
for high school. He studied communications at
Northwestern University Northwestern University is a private research university in Evanston, Illinois. Founded in 1851, Northwestern is the oldest chartered university in Illinois and is ranked among the most prestigious academic institutions in the world. Charte ...
, where he competed on the debate team. He graduated in 1975 with a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
with highest honors. Chemerinsky then attended
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
, where he was a member of the
Harvard Legal Aid Bureau The Harvard Legal Aid Bureau ("HLAB") is the oldest student-run legal services office in the United States, founded in 1913. The bureau is one of three honors societies at the law school, along with the ''Harvard Law Review'' and the Board of Stu ...
. He graduated with a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
, ''
cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sou ...
,'' in 1978.


Professional career

After law school, Chemerinsky worked as an honors attorney in the
U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
's Civil Division from 1978 to 1979, then entered private practice at the
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
law firm Dobrovir, Oakes & Gebhardt. In 1980, Chemerinsky was hired as an assistant professor of law at DePaul University College of Law. He moved to the
Gould School of Law The USC Gould School of Law, located in Los Angeles, California, is the law school of the University of Southern California. The oldest law school in the Southwestern United States, USC Law traces its beginnings to 1896 and became affiliated wit ...
at the
University of Southern California The University of Southern California (USC, SC, or Southern Cal) is a Private university, private research university in Los Angeles, California, United States. Founded in 1880 by Robert M. Widney, it is the oldest private research university in C ...
(USC) in 1983. Chemerinsky taught at USC from 1983 to 2004, then joined the faculty of Duke University School of Law. In 2008, Chemerinky was named the inaugural dean of the newly established
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. In September 2007, Erwin Chemerinsky was named as the law school's first dean. Chemerinsky ...
. In 2017, he became dean of the UC Berkeley School of Law, where he is also the Jesse H. Choper Distinguished Professor of Law. Chemerinsky has published eleven books (three of which have been printed in multiple editions) and over 200 law review articles. He also writes a regular column for the '' Sacramento Bee'' and a monthly column for the '' ABA Journal'' and '' Los Angeles Daily Journal'', and frequently pens op-eds for prominent newspapers across the country. Chemerinsky has also argued several cases at the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, including ''United States v. Apel'', '' Scheidler v. National Organization for Women''. ''
Lockyer v. Andrade ''Lockyer v. Andrade'', 538 U.S. 63 (2003), decided the same day as ''Ewing v. California'' (a case with a similar subject matter),. held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed unde ...
''. and ''
Van Orden v. Perry ''Van Orden v. Perry'', 545 U.S. 677 (2005), was a United States Supreme Court case 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 ...
'', and has written numerous
amicus briefs An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
. In 2011, ''National Jurist'' magazine described Chemerinsky one of the "23 Law Profs to Take Before You Die". Other notable work includes: *
Los Angeles Police Department The Los Angeles Police Department (LAPD), officially known as the City of Los Angeles Police Department, is the municipal police department of Los Angeles, California. With 9,974 police officers and 3,000 civilian staff, it is the third-large ...
panel reviewing the
Rampart Scandal The Rampart scandal involved widespread police corruption in the Community Resources Against Street Hoodlums (CRASH) anti-gang unit of the Los Angeles Police Department's Rampart Division in the late 1990s. More than 70 police officers either a ...
. *Los Angeles commission reviewing irregularities in city contracting. *Helped write the Los Angeles city charter. * In 1995, was a commentator on the
O. J. Simpson trial O is the fifteenth letter of the modern Latin alphabet. O may also refer to: Letters * Օ օ, (Unicode: U+0555, U+0585) a letter in the Armenian alphabet * Ο ο, Omicron, (Greek), a letter in the Greek alphabet * O (Cyrillic), a letter of the ...
on
KCBS-TV KCBS-TV (channel 2) is a television station in Los Angeles, California, United States, serving as the West Coast flagship of the CBS network. It is owned and operated by the network's CBS News and Stations division alongside independent outl ...
,
KNX KNX is an open standard (see EN 50090, ISO/IEC 14543) for commercial and domestic building automation. KNX devices can manage lighting, blinds and shutters, HVAC, security systems, energy management, audio video, white goods, displays, remote ...
, and
CBS News CBS News is the news division of the American television and radio service CBS. CBS News television programs include the ''CBS Evening News'', ''CBS Mornings'', news magazine programs '' CBS News Sunday Morning'', '' 60 Minutes'', and '' 48 H ...
. *Helped draft the Constitution of Belarus. *Helped found the
Progressive Jewish Alliance Bend the Arc: A Jewish Partnership for Justice is a progressive Jewish political organization that blends advocacy, community organizing, and leadership training. The organization advocates for a more equal and just society, focusing strictly on do ...
. *National Advisory Board Co-Chair of the UC Free Speech Center. *Named to Los Angeles District Attorney
George Gascón George Gascón (born March 12, 1954) is an American attorney and former police officer who is the district attorney of Los Angeles County. A member of the Democratic Party and a former Republican, Gascón served as the district attorney of San ...
's transition team in 2020. *Chosen as the 2021-2022 President of the
Association of American Law Schools The Association of American Law Schools (AALS), formed in 1900, is a non-profit organization of 176 law schools in the United States. An additional 19 schools pay a fee to receive services but are not members. AALS incorporated as a 501(c)(3) non ...
.


Legal thought

Chemerinsky supports
gun control Gun control, or firearms regulation, is the set of laws or policies that regulate the manufacture, sale, transfer, possession, modification, or use of firearms by civilians. Most countries have a restrictive firearm guiding policy, with on ...
and disagreed with the decision in ''
District of Columbia v. Heller ''District of Columbia v. Heller'', 554 U.S. 570 (2008), is a landmark decision of the U.S. Supreme Court ruling that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms, unconnected with service i ...
''. He thinks that even if an individual's right to bear arms exists, the
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
was justified in restricting that right because it 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 ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' was correctly decided. He says, " Judicial activism is the label for the decision that people don't like." He also believed that
gay marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
should be legal many years prior to the decision in ''
Obergefell v. Hodges ''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection ...
''. Chemerinsky also represents a client held at the Guantanamo Bay detention center. He supports affirmative action. In January 2017, Chemerinsky, along with other high-profile lawyers, sued President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...
for refusing to "divest from his businesses". In an opinion piece following the
2020 presidential election This national electoral calendar for 2020 lists the national/federal elections held in 2020 in all sovereign states and their dependent territories. By-elections are excluded, though national referendums are included. January *5 January: **C ...
, Chemerinsky wrote that "the Electoral College makes no sense as a way for a democracy to choose a president." He writes that it was intentionally designed to be anti-democratic and came about as part of "compromises concerning slavery that were at the core of the Constitution's drafting and ratification." In a New York Times op-ed in August 2021, Chemerinsky argued that California's recall process is unconstitutional. Chemerinsky wrote. “(The court) could simply add Mr. Newsom’s name on the ballot to the list of those running to replace him. That simple change would treat his supporters equally to others and ensure that if he gets more votes than any other candidate, he will stay in office.”


Freedom of speech

In 2010,
students A student is a person enrolled in a school or other educational institution. In the United Kingdom and most commonwealth countries, a "student" attends a secondary school or higher (e.g., college or university); those in primary or elementary ...
who were protesting against UCI's invitation of Israeli Ambassador Michael Oren interrupted his speech several times. Chemerinsky, referring to the heckler's veto, asserted that their protest was a form of punishable
civil disobedience Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be called "civil". Hen ...
and not protected by the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
. However, he also strongly criticized the prosecutors' decision of filing criminal charges against the students.


Appointment controversy

Chemerinsky's hiring as dean of the UCI School of Law was controversial. After signing a contract on September 4, 2007, the hire was rescinded by UCI Chancellor
Michael V. Drake Michael Vincent Drake (born July 9, 1950) is an American university administrator and physician who is the 21st president of the University of California. From 2014 to June 2020, he was the 15th president of Ohio State University. From 2005 to 2 ...
, who felt the law professor's commentaries were "polarizing." 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 violated principles of
academic freedom Academic freedom is a moral and legal concept expressing the conviction that the freedom of inquiry by faculty members is essential to the mission of the academy as well as the principles of academia, and that scholars should have freedom to teac ...
, and few believed Drake's claims that it was not the result of outside influence.Parsons, Dana
"Excuse for UCI's fumble on law school dean not good enough"
''Los Angeles Times'', September 13, 2007.
The issue was the subject of an
editorial An editorial, or leading article (UK) or leader (UK) is an article written by the senior editorial people or publisher of a newspaper, magazine, or any other written document, often unsigned. Australian and major United States newspapers, suc ...
in ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' on Friday, September 14. Details emerged revealing that the university had received criticism on the hire from the California Supreme Court's Chief Justice Ronald M. George, who criticized Chemerinsky's grasp of
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
appeals and a group of prominent local
Republicans Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
, including Los Angeles County Supervisor
Michael D. Antonovich Michael Dennis Antonovich (born August 12, 1939) is an American politician who was Mayor of Los Angeles County and a member of the Los Angeles County Board of Supervisors. He represented the Fifth District, which covers northern Los Angeles Count ...
, who wanted to stop the appointment. Drake traveled over a weekend to meet with Chemerinsky in Durham, North Carolina, where he was a professor at the Duke University School of Law at the time, and the two reached an agreement late Sunday evening.Therolf, Garrett, "Chemerinsky returns to UC Irvine post", ''Los Angeles Times'', September 17, 2007. On September 17, Chemerinsky issued a joint press release with Drake indicating that Chemerinsky would head the law school. The release stated that the chancellor was "commit edto academic freedom." On September 20, 2007, Chemerinsky's hire was formally approved by the Regents of the University of California.


Personal life

Chemerinsky was first married to Marcy Strauss, a professor at Loyola Law School. They had two sons, Jeffrey and Adam, before divorcing in 1992.Edward J. Boyer,
Professor Erwin Chemerinsky Is an Authority in Demand
, ''Witness'', March 6, 2001; accessed 2022.10.22.
Chemerinsky is currently married to Catherine Fisk, the Barbara Nachtrieb Armstrong Professor of Law at UC Berkeley School of Law.BerkeleyLaw Profile, Catherine Fisk
/ref> They have a son, Alex, and a daughter, Mara.


Selected works

* * * *——— (1989a). ''Federal Jurisdiction''. Boston: Little, Brown & Co.; 2nd edition (1994); 3rd edition (1999); 4th edition (2003), Aspen Publishers; 5th edition (2007); 6th edition (2012), Wolters Kluwer; 7th edition (2016). * * * *——— (1997b). ''Constitutional Law: Principles and Policies''. New York: Aspen Law and Business; 2nd edition (2002); 3rd edition (2006); 4th edition (2011); 5th edition (2015), Wolters Kluwer. * *——— (2005). ''Constitutional Law'' (2nd edition). New York: Aspen Publishers; 3rd edition (2009); 4th edition (2013); 5th edition (2017). * * *——— (2014). ''The Case Against the Supreme Court''. New York: Viking; (2015), New York: Penguin Books. *——— (2018). ''We the People: A Progressive Reading of the Constitution for the Twenty-First Century''. New York: Picador. .


References


Citations


Sources

* *


External links


Duke University School of Law biographyUCI FacultyBerkeleyLaw Faculty
* {{DEFAULTSORT:Chemerinsky, Erwin American legal scholars American scholars of constitutional law Deans of law schools in the United States Deans of UC Berkeley School of Law USC Gould School of Law faculty Duke University School of Law faculty DePaul University faculty Guantanamo Bay attorneys Harvard Law School alumni Northwestern University School of Communication alumni University of Chicago Laboratory Schools alumni 20th-century American educators 21st-century American educators Jewish American academics Educators from Greater Los Angeles People from Irvine, California 1953 births Living people