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Articles 1 - 14 of 14
Full-Text Articles in Law
What Can Brown Do For You?: Addressing Mccleskey V. Kemp As A Flawed Standard For Measuring The Constitutionally Significant Risk Of Race Bias
Erwin Chemerinsky
This Essay asserts that in McCleskey v. Kemp, the Supreme Court created a problematic standard for the evidence of race bias necessary to uphold an equal protection claim under the Fourteenth Amendment of the U.S. Constitution. First, the Court’s opinion reinforced the cramped understanding that constitutional claims require evidence of not only disparate impact but also discriminatory purpose, producing significant negative consequences for the operation of the U.S. criminal justice system. Second, the Court rejected the Baldus study’s findings of statistically significant correlations between the races of the perpetrators and victims and the imposition of the death …
Three Vital Issues: Incorporation Of The Second Amendment, Federal Government Power, And Separation Of Powers - October 2009 Term, Michael C. Dorf, Erwin Chemerinsky
Three Vital Issues: Incorporation Of The Second Amendment, Federal Government Power, And Separation Of Powers - October 2009 Term, Michael C. Dorf, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
The Second Amendment And Gun Control, Erwin Chemerinsky
The Second Amendment And Gun Control, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
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 …
The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky
The First Amendment: When The Government Must Make Content-Based Choices, Erwin Chemerinsky
Erwin Chemerinsky
Thus, I focus my attention on the problem of the First Amendment when the government must make content-based choices. I want to divide my remarks into four parts. I begin by reviewing the traditional bedrock rule of the First Amendment: The government cannot regulate speech based on its content. Second, I identify a broad range of cases where this rule cannot apply because the government must make content-based choices. Third, I suggest that the usual First Amendment principles are not helpful in analyzing these cases. Finally, I offer some initial thoughts about directions for dealing with this problem.
The Constitution And National Security, Erwin Chemerinsky
The Constitution And National Security, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky
Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz
Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz
Erwin Chemerinsky
No abstract provided.
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Look Back At The Rehnquist Era And An Overview Of The 2004 Supreme Court Term, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky
Government Duty To Protect: Post-Deshaney Developments, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
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.
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.