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Articles 271 - 300 of 301
Full-Text Articles in Entire DC Network
California Climate Change And The Constitution, Christopher H. Schroeder, Neil S. Siegel, Erwin Chemerinsky, Brigham Daniels, Brettny Hardy, Tim Profeta
California Climate Change And The Constitution, Christopher H. Schroeder, Neil S. Siegel, Erwin Chemerinsky, Brigham Daniels, Brettny Hardy, Tim Profeta
Erwin Chemerinsky
While the United States has of yet not passed meaningful legislation that addresses climate change, several U.S. states are taking steps to reduce the carbon footprints of their industries and citizens. As it has in the past, California is leading the way. But are its actions legal?
An Unprecedented Threat To Civil Liberties: An Essay In Honor Of Nadine Strossen, Erwin Chemerinsky
An Unprecedented Threat To Civil Liberties: An Essay In Honor Of Nadine Strossen, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Challenging Direct Democracy, Erwin Chemerinsky
Challenging Direct Democracy, Erwin Chemerinsky
Erwin Chemerinsky
I want to argue today that direct democracy is undesirable and unconstitutional. I want to argue to you that the Supreme Court should find that the Michigan Civil Rights Initiative is unconstitutional, and strike it down. So I want to make two points. First, I am going to argue that direct democracy is undesirable. This is a normative argument; it’s not an argument about constitutional doctrine. Second, I want to argue that direct democracy is unconstitutional, and make a series of different arguments as to why.
Are Student Delivered Graduation Prayers And Religious Speeches Constitutional?, Erwin Chemerinsky
Are Student Delivered Graduation Prayers And Religious Speeches Constitutional?, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Bush V. Gore Was Not Justiciable, Erwin Chemerinsky
Bush V. Gore Was Not Justiciable, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Brief For Petitioners, Erwin Chemerinsky
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Civil Liberties And The War Terror: Seven Years After 9/11 History Repeating: Due Process, Torture And Privacy During The War On Terror, Erwin Chemerinsky
Civil Liberties And The War Terror: Seven Years After 9/11 History Repeating: Due Process, Torture And Privacy During The War On Terror, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Aals Hot Topic Panel Question & Answer Session, Erwin Chemerinsky, Brad Joondeph, Randy E. Barnett, David G. Oedel, Gillian Metzger
Aals Hot Topic Panel Question & Answer Session, Erwin Chemerinsky, Brad Joondeph, Randy E. Barnett, David G. Oedel, Gillian Metzger
Erwin Chemerinsky
No abstract provided.
A Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
A Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
A Terrific Scholar And A Wonderful Human Being, Erwin Chemerinsky
A Terrific Scholar And A Wonderful Human Being, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
A Paradox Without A Principle: A Comment On The Burger Court’S Jurisprudence In Separation Of Powers Cases, Erwin Chemerinsky
A Paradox Without A Principle: A Comment On The Burger Court’S Jurisprudence In Separation Of Powers Cases, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
A Failure To Communicate, Erwin Chemerinsky
A Unified Approach To Justiciability, Erwin Chemerinsky
A Unified Approach To Justiciability, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky
A Post-Race Equal Protection?, Trina Jones, Mario L. Barnes, Erwin Chemerinsky
Erwin Chemerinsky
Most vividly demonstrated in the 2008 election of the first African-American President of the United States, post-race is a term that has been widely used to characterize a belief in the declining significance of race in the United States. Post-racialists, then, believe that racial discrimination is rare and aberrant behavior as evidenced by America’s pronounced racial progress. One practical consequence of a commitment to post-racialism is the belief that governments - both state and federal - should not consider race in their decision making. One might imagine that the recent explosion in post-racial discourse also portends a revised understanding of …
A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky
A Framework For Analyzing The Constitutionality Of Restrictions On Federal Court Jurisdiction In Immigration Cases, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Against Sovereign Immunity, Erwin Chemerinsky
Against Sovereign Immunity, Erwin Chemerinsky
Erwin Chemerinsky
In recent years, the Supreme Court has substantially expanded the scope of state sovereign immunity. These decisions provide an important occasion for a reconsideration of the entire doctrine of sovereign immunity. This article argues that sovereign immunity is an anachronistic concept, derived from long discredited royal prerogatives, and that it is inconsistent with basic principles of the American legal system. Sovereign immunity is justified neither by history nor, more importantly, by functional considerations. Sovereign immunity is inconsistent with fundamental constitutional requirements such as the supremacy of the Constitution and due process of law. This article concludes that sovereign immunity, for …
An Independent Analysis Of The Los Angeles Police Department's Board Of Inquiry Report On The Rampart Scandal, Erwin Chemerinsky
An Independent Analysis Of The Los Angeles Police Department's Board Of Inquiry Report On The Rampart Scandal, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky
Absolute Immunity: General Principles And Recent Developments, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Aggressive Newsgathering And The First Amendment, Erwin Chemerinsky, Robert Nagel, Robert O'Neil, Diane Zimmerman
Aggressive Newsgathering And The First Amendment, Erwin Chemerinsky, Robert Nagel, Robert O'Neil, Diane Zimmerman
Erwin Chemerinsky
The University of Richmond School of Law sponsored the "Aggressive Newsgathering and the First Amendment." The symposium covered such topics as surreptitious newsgathering techniques, the constitutionality of recent proposed legislation regarding paparazzi, and the question of the appropriate dividing line, if any, between public and private life. The symposium featured a mix of scholars, journalist, lawyers, judges, and public figures, who discussed these issues in three sessions. Scholarly papers generated by the symposium were published in 33 U. Rich. L. Rev. 1143 (1999). The authors of those papers also participated in the symposium proceedings and they were: Professor Erin Chemerinsky, …
An Overview Of The October 2007 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2007 Supreme Court Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
A Pro Bono Requirement For Faculty Members, Erwin Chemerinsky
A Pro Bono Requirement For Faculty Members, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
A Fixture On A Changing Court: Justice Stevens And The Establishment Clause, Erwin Chemerinsky
A Fixture On A Changing Court: Justice Stevens And The Establishment Clause, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
2003-2004 Supreme Court Update, Erwin Chemerinsky
2003-2004 Supreme Court Update, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Washington V. Glucksberg Was Tragically Wrong, Erwin Chemerinsky
Washington V. Glucksberg Was Tragically Wrong, Erwin Chemerinsky
Erwin Chemerinsky
Properly focused, there were two questions before the Supreme Court in Washington v. Glucksberg. First, in light of all of the other non-textual rights protected by the Supreme Court under the "liberty" of the Due Process Clause, is the right to assisted death a fundamental right? Second, if so, is the prohibition of assisted death necessary to achieve a compelling interest? Presented in this way, it is clear that the Court erred in Washington v. Glucksberg. The right of a terminally ill person to end his or her life is an essential aspect of autonomy, comparable to aspects of autonomy …
A Defense Of The Constitutionality Of The Individual Mandate, Erwin Chemerinsky
A Defense Of The Constitutionality Of The Individual Mandate, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
A Different Vision Of Judicial Review: In Tribute To Professor Grano, Erwin Chemerinsky
A Different Vision Of Judicial Review: In Tribute To Professor Grano, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
A Collision Of Authority: The U.S. Constitution And Universal Jurisdiction, Erwin Chemerinsky, Mary Ellen O'Connell, Jeremy Rabkin
A Collision Of Authority: The U.S. Constitution And Universal Jurisdiction, Erwin Chemerinsky, Mary Ellen O'Connell, Jeremy Rabkin
Erwin Chemerinsky
No abstract provided.
Hollingsworth V. Perry: What Should The Court Do?, Erwin Chemerinsky
Hollingsworth V. Perry: What Should The Court Do?, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.