Showing results by author "Erwin Chemerinsky" in All Categories

No Democracy Lasts Forever argues that the Constitution has become a threat to American democracy and must be dramatically changed or replaced if secession is to be avoided. Deeply troubled by the Constitution's inherent flaws, Erwin Chemerinsky, the renowned dean of Berkeley law school, came to the sobering conclusion that our nearly 250-year-old founding document is responsible for the crisis now facing American democracy.

Expert guidance for navigating the difficult new issues around free speech rights in higher education In their earlier book, Free Speech on Campus, Erwin Chemerinsky and Howard Gillman argued that colleges and universities should permit the expression of the widest possible range of views. Nearly ten tumultuous years later, many issues have arisen that this simple principle does not adequately address. To what extent must an institution provide expensive security for extremely controversial speakers?

Both historically and in the present, the Supreme Court has largely been a failure. In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them.

Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.

Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry.

The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights.

In The Warren Court and Democratic Constitution, Horwitz highlights the radical shift in traditional jurisprudential ideas that occurred during Earl Warren's tenure as chief justice. He details how Brown v. Board of Education exerted a powerful influence on the agenda of the Warren Court and reshaped almost every subject area in constitutional law. With this decision, the concept of a "living Constitution," the idea that the Constitution ought to develop to accommodate social change, emerged and was institutionalized by the Court.

How can law schools can play a role in solving society's most difficult problems? Join Berkeley Law Dean Erwin Chemerinsky as he explores the answers.Transcripts for all episodes of More Just are available on the Berkeley Law Podcast Hub. Hosted on Acast. See acast.com/privacy for more information.