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In Defense Of Judicial Supremacy, Erwin Chemerinsky Oct 2017

In Defense Of Judicial Supremacy, Erwin Chemerinsky

Erwin Chemerinsky

“Judicial supremacy” is the idea that the Supreme Court should be viewed as the authoritative interpreter of the Constitution and that we should deem its decisions as binding on the other branches and levels of government, until and unless constitutional amendment or subsequent decision overrules them. This is desirable because we want to have an authoritative interpreter of the Constitution and the Court is best suited to play this role. Under this view, doctrines which keep federal courts from enforcing constitutional provisions—such as denying standing for generalized grievances, the political question doctrine, and the state secrets doctrine—are misguided and should …


Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky Oct 2017

Protect The Press: A First Amendment Standard For Safeguarding Aggressive Newsgathering, Erwin Chemerinsky

Erwin Chemerinsky

Few occu.pations or professions rank lower than reporters in public esteem. In July 1999, Justice Stephen Breyer participated as a panelist at the Ninth Circuit Judicial Conference and was challenged by Associated Press reporter Linda Deutsch about the absence of cameras in the Supreme Court. Justice Breyer explained that the Court did not want to risk its relatively high level of public esteem by placing itself on television. Justice Breyer noted the lack of respect for the media and said that the Court did not want to see its esteem ratings lowered to that of the press.


Judging Opportunity Lost: Assessing The Viability Of Race-Based Affirmative Action After Fisher V. University Of Texas, Mario L. Barnes, Erwin Chemerinsky, Angela Onwuachi-Willig Oct 2017

Judging Opportunity Lost: Assessing The Viability Of Race-Based Affirmative Action After Fisher V. University Of Texas, Mario L. Barnes, Erwin Chemerinsky, Angela Onwuachi-Willig

Erwin Chemerinsky

No abstract provided.


Panel Discussion: Log Cabin Republicans V. United States: Litigating "Don't Ask, Don't Tell, Danielle Hart, Terry Hatter, Dan Woods, Erwin Chemerinsky Jun 2017

Panel Discussion: Log Cabin Republicans V. United States: Litigating "Don't Ask, Don't Tell, Danielle Hart, Terry Hatter, Dan Woods, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Turning Sharply To The Right, Erwin Chemerinsky Jun 2017

Turning Sharply To The Right, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


The Kennedy Court: October Term 2005, Erwin Chemerinsky Jun 2017

The Kennedy Court: October Term 2005, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Toward A Practical Definition Of The Rule Of Law, Erwin Chemerinsky Jun 2017

Toward A Practical Definition Of The Rule Of Law, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Protecting Lawyers From Their Profession: Redefining The Lawyer's Role, Erwin Chemerinsky Jun 2017

Protecting Lawyers From Their Profession: Redefining The Lawyer's Role, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky Jun 2017

Introduction: Marijuana Laws And Federalism, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


In Defense Of Judicial Supremacy, Erwin Chemerinsky Jun 2017

In Defense Of Judicial Supremacy, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


The End Of An Era: October Term 2004, Erwin Chemerinsky Jun 2017

The End Of An Era: October Term 2004, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


The Impact Of The Proposed California Civil Rights Initiative, Erwin Chemerinsky Jun 2017

The Impact Of The Proposed California Civil Rights Initiative, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Students Do Leave Their First Amendment Rights At The Schoolhouse Gates: What's Left Of Tinker?, Erwin Chemerinsky Jun 2017

Students Do Leave Their First Amendment Rights At The Schoolhouse Gates: What's Left Of Tinker?, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Foreword: The Constitution And Fundamental Rights, Erwin Chemerinsky Jun 2017

Foreword: The Constitution And Fundamental Rights, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Everything Changed: October Term 2015, Erwin Chemerinsky Jun 2017

Everything Changed: October Term 2015, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Federalism Not As Limits, But As Empowerment, Erwin Chemerinsky Jun 2017

Federalism Not As Limits, But As Empowerment, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Defining The "Best Interests": Constitutional Protections In Involuntary Adoptions, Erwin Chemerinsky Jun 2017

Defining The "Best Interests": Constitutional Protections In Involuntary Adoptions, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Abortion: A Woman's Private Choice, Erwin Chemerinsky, Michele Goodwin Jun 2017

Abortion: A Woman's Private Choice, Erwin Chemerinsky, Michele Goodwin

Erwin Chemerinsky

No abstract provided.


Enemy Combatants And Separation Of Powers, Erwin Chemerinsky Jun 2017

Enemy Combatants And Separation Of Powers, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


In Defense Of Judicial Review: The Perils Of Popular Constitutionalism, Erwin Chemerinsky Jun 2017

In Defense Of Judicial Review: The Perils Of Popular Constitutionalism, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Charlie, Erwin Chemerinsky Jun 2017

Charlie, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Have The Rehnquist Court's Federalism Decisions Increased Liberty, Erwin Chemerinsky Jun 2017

Have The Rehnquist Court's Federalism Decisions Increased Liberty, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


When It Matters Most, It Is Still The Kennedy Court, Erwin Chemerinsky Jun 2017

When It Matters Most, It Is Still The Kennedy Court, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Why The Supreme Court Was Wrong About The Solomon Amendment, Erwin Chemerinsky Jun 2017

Why The Supreme Court Was Wrong About The Solomon Amendment, Erwin Chemerinsky

Erwin Chemerinsky

The Supreme Court in Rumsfeld v. FAIR abandoned basic First Amendment principles. The decision cannot be reconciled with other cases concerning freedom of speech and association. Indeed, if followed, Rumsfeld v. FAIR sets a disturbing and dangerous precedent.


Wrong Questions Get Wrong Answers: An Analysis Of Professor Carter’S Approach To Judicial Review, Erwin Chemerinsky Jun 2017

Wrong Questions Get Wrong Answers: An Analysis Of Professor Carter’S Approach To Judicial Review, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Why Write?, Erwin Chemerinsky Jun 2017

Why Write?, Erwin Chemerinsky

Erwin Chemerinsky

This wonderful collection of reviews of leading recent books about law provides the occasion to ask a basic question: why should law professors write? There are many things that law professors could do with the time they spend writing books and law review articles. More time and attention could be paid to students and to instructional materials. More professors could do pro bono legal work of all sorts. In fact, if law professors wrote much less, teaching loads could increase, faculties could decrease in size, and tuition could decrease substantially. The answer to the question "why write" is neither intuitive …


Why The Rehnquist Court Is Wrong About The Establishment Clause, Erwin Chemerinsky Jun 2017

Why The Rehnquist Court Is Wrong About The Establishment Clause, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky Jun 2017

Why Justice Breyer Was Wrong In Van Orden V. Perry, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Training The Ethical Lawyer: A Rejoinder To Schneyer, Erwin Chemerinsky Jun 2017

Training The Ethical Lawyer: A Rejoinder To Schneyer, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Wartime Security And Constitutional Liberty: Detainees, Erwin Chemerinsky Jun 2017

Wartime Security And Constitutional Liberty: Detainees, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.