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Full-Text Articles in Law

Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky Jun 2017

Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Virginia V. Sebelius - Professors Of Federal Jurisdiction Amicus Brief, Erwin Chemerinsky, Janet Cooper Alexander Jun 2017

Virginia V. Sebelius - Professors Of Federal Jurisdiction Amicus Brief, Erwin Chemerinsky, Janet Cooper Alexander

Erwin Chemerinsky

No abstract provided.


Our Daughters' Future, Eric J. Segall, Erwin Chemerinsky Jun 2017

Our Daughters' Future, Eric J. Segall, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky Jun 2017

Ensuring The Supremacy Of Federal Law: Why The District Court Was Wrong In Westside Mothers V. Haveman, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Compulsory Vaccination Laws Are Constitutional, Erwin Chemerinsky, Michele Goodwin Jun 2017

Compulsory Vaccination Laws Are Constitutional, Erwin Chemerinsky, Michele Goodwin

Erwin Chemerinsky

A measles epidemic in California, that then spread to other states, focused national attention on the many children who have been vaccinated against communicable diseases. This Essay focuses on the constitutional issues concerning compulsory vaccination laws and argues that every state should require compulsory vaccination of all children, unless there is a medical reason why the child should not be vaccinated. There should be no exception to the compulsory vaccination requirement on account of the parents’ religion or conscience, or for any reason other than medical necessity. The government’s interest in protecting children and preventing the spread of communicable disease …


Washington V. Glucksberg Was Tragically Wrong, Erwin Chemerinsky Jun 2017

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 …