Background
Chemerinsky, Erwin was born on May 14, 1953 in Chicago, Illinois, United States. Son of Arthur and Raeda Chemerinsky.
( Federalism—the division of power between national and s...)
Federalism—the division of power between national and state governments—has been a divisive issue throughout American history. Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further. In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection. The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government—as the Court and Congress are now doing in the name of federalism—is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.
http://www.amazon.com/gp/product/0804751994/?tag=2022091-20
(Constitutional Law: Principles and Policies (Aspen's Intr...)
Constitutional Law: Principles and Policies (Aspen's Introduction to Law Series) Paperback Erwin Chemerinsky
http://www.amazon.com/gp/product/0735524289/?tag=2022091-20
(Over the last few decades, the Supreme Court and the fede...)
Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American. As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion. Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people. Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect. The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.
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(Written by leading scholars, each title in the "Introduct...)
Written by leading scholars, each title in the "Introduction to Law" series contains comprehensive treatment in black-letter style. Featuring footnotes citing to case law, statutory and other authorities, these volumes are ideal for in-depth research on particular issues and points of law.
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(Relied on by students, professors, and practitioners, Erw...)
Relied on by students, professors, and practitioners, Erwin Chemerinsky s popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law. Thorough coverage of the topic makes it appropriate for both beginning and advanced courses. This new, Fifth Edition features updated material throughout, including: • Significant attention given to developments in law since publication of previous edition • New material on standing, congressional power, presidential power and the war on terror; preemption, school desegregation; abortion rights and voting rights • Covers First Amendment issues concerning speech and religion • Includes recent and significant cases: Hein v. Freedom from Religion Foundation; Boumediene v. Bush; Hamdan v. Rumsfeld; Wyeth v. Levine; Philip Morris USA v. Williams
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(A student treatise, by one of the nation's leading author...)
A student treatise, by one of the nation's leading authorities in Federal Jurisdiction, intended for use alongside any federal jurisdiction casebook. Features: • Comprehensive coverage, with clear descriptions and analyses of the doctrines and policies that determine the jurisdiction of the federal courts • Chemerinsky's straightforward approach, in which he clearly states the current law; identifies unresolved issues; and examines underlying, competing policy considerations • An even-handed treatment of the material, with multiple viewpoints presented • Has been used as the required text in lieu of a traditional casebook, with professors bringing in their own cases New to the Sixth Edition: • Updates to include discussions of important developments that occurred after the current edition was published in 2007, among them: • Military Commissions Act and Boumediene v. Bush • Medellin v. Texas • Massachusetts v. EPA, Hein v. Freedom from Religion Foundation, Sprint Communications v. APPC Services, and DaimlerChrysler v. Cuno • MedImmune v. Genentech • Habeas corpus developments • Ashcroft v. Iqbal • Stoneridge Investment Partner v. Scientific-Atlanta (implied rights of action)
http://www.amazon.com/gp/product/1454804025/?tag=2022091-20
( Interpreting The Constitution doesn't fit neatly into t...)
Interpreting The Constitution doesn't fit neatly into the extensive literature on judicial review and constitutional interpretation that reconciles judicial review with democracy defined as majority rule. Indeed, Chemerinsky criticizes this method of interpretation and contends that the Constitution exists to protect political minorities and fundamental rights from majority rule. Chapter by chapter, he keenly defends this unique method of interpretation, challenges the general approach, and offers thorough, expert coverage.
http://www.amazon.com/gp/product/0275926745/?tag=2022091-20
(Relied on by students, professors, and practitioners, Erw...)
Relied on by students, professors, and practitioners, Erwin Chemerinsky's popular treatise, Constitutional Law: Principles and Policies, Fourth Edition, clearly states the law and identifies the underlying policy issues in each area of constitutional law. The characteristics that make this treatise so highly valued include: • Thorough coverage of all areas of constitutional law, suitable for both beginning and advanced courses. • Issues are presented clearly and with a neutral approach that examines all sides in constitutional law issues. • Discussion not only of doctrines but of the underlying policy issues of the law. • Flexible organization: the chapters can be used separately in any order. Updated throughout, the Fourth Edition: • Focuses particularly on developments since the publication of the third edition, including issues involving standing, congressional power, presidential power and the war on terror, preemption, school desegregation, abortion rights and voting rights, and First Amendment issues concerning speech and religion. • Includes coverage of the most recent and significant cases : • Hein v. Freedom from Religion Foundation and its implications for taxpayer standing • Boumediene v. Bush and Hamdan v. Rumsfeld, concerning the war on terror • Wyeth v. Levine and Riegel v. Medtronic (preemption cases) • Philip Morris USA v. Williams and the law of punitive damages • District of Columbia v. Heller (an in-depth look at this case in a new section on the Second Amendment) • Gonzalez v. Carhart and its importance in analyzing issues concerning abortion rights • Crawford v. Marion County Election Bd. and the law of voting rights • Parents Involved in Community Schools v. Seattle School District No. 1, on the use of race in school desegregation • Garcetti v. Ceballos and its significance for the speech of government employees • Citizens United v. Federal Election Commission, Randall v. Sorrell, and Wisconsin Right to Life v. FEC (campaign finance law) • Morse v. Frederick and student speech
http://www.amazon.com/gp/product/0735598975/?tag=2022091-20
(A leading text by a prominent scholar, Constitutional Law...)
A leading text by a prominent scholar, Constitutional Law is known for its concise, yet comprehensive presentation. Professor Chemerinsky's distinctive approach presents the law solely through case excerpts and his own essays. With the author s context and background information, the law becomes more readily understood. A flexible organization accommodates a variety of course structures; no chapter assumes that students have read preceding material. A complete Teacher's Manual and Annual Case Supplement round out this acclaimed text. The Fourth Edition introduces a streamlined presentation for even greater manageability. Major new cases are reviewed: United States Department of Health and Human Services v. State of Florida (constitutionality of the Affordable Care Act); Arizona v. United States (preemption of Arizona's SB 1070); McDonald v. City of Chicago (application of the Second Amendment to the states); and Citizens United v. Federal Election Commission (First Amendment right of corporations to spend money in elections.) Features: • concise, yet comprehensive presentation • distinctive approach presents the law solely through case excerpts and author-written essays • context and background information for greater understanding • flexible organization--no chapter assumes that students have read the rest • straightforward, accessible writing style • Annual Case Supplement Thoroughly updated, the revised Fourth Edition presents: • a streamlined presentation for greater manageability • inclusion of major new cases • United States Department of Health and Human Services v. State of Florida (constitutionality of the Affordable Care Act) • Arizona v. United States (preemption of Arizona's SB 1070) • McDonald v. City of Chicago (application of the Second Amendment to the states) • Citizens United v. Federal Election Commission (First Amendment right of corporations to spend money in elections)
http://www.amazon.com/gp/product/1454817534/?tag=2022091-20
Chemerinsky, Erwin was born on May 14, 1953 in Chicago, Illinois, United States. Son of Arthur and Raeda Chemerinsky.
Bachelor of Science, Northwestern University, 1975. Juris Doctor cum laude, Harvard University, 1978.
Attorney civil division United States Department Justice, Washington, 1978—1979. Associate Dobrovir, Oates & Gebhardt, 1979—1980. Assistant.prof.law De Paul University, Chicago, 1980—1983, associate professor, 1983—1984, University Southern California, Los Angeles, 1984—1987, professor, 1987—2004.
Alston & Bird professor law Duke University, Durham, North Carolina, 2004—2008. Founding dean, Distinguished professor law University California Irvine School Law, since 2008. Visiting associate professor University Southern California, 1983—1984.
Member task force Diversity State Government Governor, 1999—2000. Lecturer in field.
(Over the last few decades, the Supreme Court and the fede...)
(Relied on by students, professors, and practitioners, Erw...)
( Interpreting The Constitution doesn't fit neatly into t...)
(Relied on by students, professors, and practitioners, Erw...)
(A student treatise, by one of the nation's leading author...)
(Written by leading scholars, each title in the "Introduct...)
( Federalism—the division of power between national and s...)
(A leading text by a prominent scholar, Constitutional Law...)
(Constitutional Law: Principles and Policies (Aspen's Intr...)
(Constitutional Law Hornbook Guide by Chemerinsky.)
Board directors Progressive Jewish Alliance, since 2000. Board directors, regional council American Jewish Congress, 1993—1998. Chairman Los Angeles (California) Charter Reform Commission, 1997—1999.
Member of American Association of University Professors (litigation committee 1991-1995), American Bar Association (technical assistant constitution drafting), American Civil Liberties Union (board directors 1987-1998, executive committee 1991-1998), American Association Law Schools (planning committee mini workshop 1989, steering committee professional responsibility 1987-1990, task force professional responsibility 1987).
Married Catherine Fisk, 1993. 4 children.