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Articles 1 - 5 of 5
Full-Text Articles in Law
The Rhetoric Of Constitutional Law, Erwin Chemerinsky
The Rhetoric Of Constitutional Law, Erwin Chemerinsky
Erwin Chemerinsky
I spend much of my time dealing with Supreme Court opinions. Usually, I download and read them the day that they are announced by the Court. I edit them for my casebook and teach them to my students. I write about them, lecture about them, and litigate about them. My focus, like I am sure most everyone's, is functional: I try to discern the holding, appraise the reasoning, ascertain the implications, and evaluate the decision's desirability. Increasingly, though, I have begun to think that this functional approach is overlooking a crucial aspect of Supreme Court decisions: their rhetoric. I use …
The Supreme Court And Public Schools, Erwin Chemerinsky
The Supreme Court And Public Schools, Erwin Chemerinsky
Erwin Chemerinsky
Review of Justin Driver's The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind.
Thinking About The Supreme Court's Successes And Failures, Erwin Chemerinsky
Thinking About The Supreme Court's Successes And Failures, Erwin Chemerinsky
Erwin Chemerinsky
The Supreme Court often has failed at its most important tasks and at the most important times. I set out this thesis at the beginning the book:
To be clear, I am not saying that the Supreme Court has failed at these crucial tasks every time. Making a case against the Supreme Court does not require taking such an extreme position. I also will talk about areas where the Court has succeeded in protecting minorities and in enforcing the limits of the Constitution. My claim is that the Court has often failed where and when it has been most needed. …
The Rehnquist Revolution, Erwin Chemerinsky
The Rehnquist Revolution, Erwin Chemerinsky
Erwin Chemerinsky
[Excerpt] "When historians look back at the Rehnquist Court, without a doubt they will say that its greatest changes in constitutional law were in the area of federalism. Over the past decade, and particularly over the last five years, the Supreme Court has dramatically limited the scope of Congress’ powers and has greatly expanded the protection of state Sovereign Immunity. Virtually every area of law, criminal and civil, is touched by these changes. Since I began teaching constitutional law in 1980, the most significant differences in constitutional law are a result of the Supreme Court’s revival of federalism as a …
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 …