Erwin Chemerinsky

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Erwin Chemerinsky
Academic work
DisciplineConstitutional law
Civil procedure
Institutions
13th Dean of
University of California, Berkeley, School of Law
Assumed office
July 1, 2017
Preceded byMelissa Murray

Erwin Chemerinsky (born May 14, 1953) is an American legal scholar known for his studies of

dean of the UC Berkeley School of Law. Previously, he also served as the inaugural dean of the University of California, Irvine School of Law from 2008 to 2017.[1][2]

Chemerinsky was named a fellow of the American Academy of Arts and Sciences in 2016. The National Jurist magazine named him the most influential person in legal education in the United States in 2017.[3] In 2021 Chemerinsky was named President-elect of the Association of American Law Schools.

Early life and education

Chemerinsky was born in 1953 in

summa cum laude. Chemerinsky then attended Harvard Law School, where he was a member of the Harvard Legal Aid Bureau. He graduated with a Juris Doctor
, cum laude, in 1978.

Professional career

After law school, Chemerinsky worked as an honors attorney in the U.S. Department of Justice's Civil Division from 1978 to 1979, then entered private practice at the Washington, D.C., law firm Dobrovir, Oakes & Gebhardt.[5] In 1980, Chemerinsky was hired as an assistant professor of law at DePaul University College of Law. He moved to the Gould School of Law at the University of Southern California (USC) in 1983. Chemerinsky taught at USC from 1983 to 2004, then joined the faculty of Duke University School of Law.

In 2008, Chemerinsky was named the inaugural dean of the newly established University of California, Irvine School of Law. In 2017, he became dean of the UC Berkeley School of Law, where he is also the Jesse H. Choper Distinguished Professor of Law.[6]

Chemerinsky has published eleven books (three of which have been printed in multiple editions) and over 200 law review articles.[

amicus briefs.[citation needed
]

In 2011, National Jurist magazine described Chemerinsky one of the "23 Law Profs to Take Before You Die".[7]

Erwin Chemerinsky, a prominent figure in law and civic affairs, has made significant contributions to various legal and governmental initiatives. He notably served on a panel within the Los Angeles Police Department, tasked with investigating the Rampart Scandal, and participated in a commission examining irregularities in city contracting processes. Additionally, his involvement in drafting the Los Angeles city charter underscores his contribution to municipal governance.[citation needed]

In 1995, Chemerinsky provided commentary on the O. J. Simpson trial for several media outlets, including KCBS-TV, KNX, and CBS News. Beyond local matters, he also played a role in shaping international legal frameworks, having assisted in drafting the Constitution of Belarus. Furthermore, his efforts extended to social advocacy, as he was a founding member of the Progressive Jewish Alliance.[citation needed]

Chemerinsky's commitment to fostering open dialogue is evidenced by his role as the National Advisory Board Co-chair of the UC Free Speech Center. In a more administrative capacity, he was appointed to Los Angeles District Attorney George Gascón's transition team in 2020. His dedication to legal education and leadership is exemplified by his selection as the President of the Association of American Law Schools for the term spanning 2021-2022.[citation needed]

Legal thought

Chemerinsky supports

District of Columbia was justified in restricting that right because it believed that the law would lessen violence.[8] George Will specifically mentioned and responded to Chemerinsky's argument in a column that ran four days later.[9]

Chemerinsky believes that

gay marriage should be legal many years prior to the decision in Obergefell v. Hodges.[10]

Chemerinsky also represents a client held at the Guantanamo Bay detention center.[10] He supports affirmative action.[10] In January 2017, Chemerinsky, along with other high-profile lawyers, sued President Donald Trump for refusing to "divest from his businesses".[11]

In an opinion piece following the 2020 presidential election, Chemerinsky wrote that "the Electoral College makes no sense as a way for a democracy to choose a president." He writes that it was intentionally designed to be anti-democratic and came about as part of "compromises concerning slavery that were at the core of the Constitution's drafting and ratification."[12]

In a New York Times op-ed in August 2021, Chemerinsky argued that California's recall process is unconstitutional. Chemerinsky wrote, "[The court] could simply add Mr. Newsom’s name on the ballot to the list of those running to replace him. That simple change would treat his supporters equally to others and ensure that if he gets more votes than any other candidate, he will stay in office".[13]

Freedom of speech

In 2010,

First Amendment.[14] However, he also strongly criticized the prosecutors' decision to file criminal charges against the students.[15]

In 2023, Chemerinsky defended a Wall Street Journal op-ed by Berkeley Law colleague Steven Davidoff Solomon titled "Don’t Hire My Anti-Semitic Law Students" as free speech. More than 200 alumni signed an open letter asking Chemerinsky, as dean, to address the harm and threats to pro-Palestine students' freedom of speech at the school, such as the death threats and doxxing of student groups named in the op-ed. Chemerinsky wrote a Los Angeles Times op-ed denouncing anti-semitism on college campuses, which critics said ignored the anti-Palestinian racism and genocide in Gaza.[16]

Appointment controversy

Chemerinsky's hiring as dean of the UCI School of Law was controversial. After signing a contract on September 4, 2007, the hire was rescinded by UCI Chancellor Michael V. Drake, who felt the law professor's commentaries were "polarizing." Drake claimed the decision was his own and not the subject of any outside influence.[17]

The action was criticized by both liberal and conservative scholars, who felt it hindered the academic mission of the law school and violated principles of

death penalty appeals and a group of prominent local Republicans, including Los Angeles County Supervisor Michael D. Antonovich, who wanted to stop the appointment. Drake traveled over a weekend to meet with Chemerinsky in Durham, North Carolina, where he was a professor at the Duke University School of Law at the time, and the two reached an agreement late Sunday evening.[20]

On September 17, Chemerinsky issued a joint press release with Drake indicating that Chemerinsky would head the law school. The release stated that the chancellor was "commit[ted] to academic freedom."[21] On September 20, 2007, Chemerinsky's hire was formally approved by the Regents of the University of California.[22]

Personal life

Chemerinsky was first married to Marcy Strauss, a professor at Loyola Law School. They had two sons, Jeffrey and Adam, before divorcing in 1992.[23]

Chemerinsky is currently married to Catherine Fisk,[24] the Barbara Nachtrieb Armstrong Professor of Law at UC Berkeley School of Law.[25] They have a son, Alex, and a daughter, Mara.[23]

Selected works

References

Citations

  1. ^ Sernoffsky, Evan (May 17, 2017). "Erwin Chemerinsky named dean of Berkeley Law". SFGate. Retrieved May 17, 2017.
  2. Orange County Register
    . Retrieved May 17, 2017.
  3. ^ ACS-American Constitution Society.
  4. ^ Bivins, Larry (January 7, 2010), "Franken hits 6-month mark", St Cloud Times[permanent dead link]
  5. ^ Dybis, Karen (May 27, 2009). "A Path to Greatness". National Jurist. Retrieved October 9, 2021.
  6. ISSN 0458-3035
    . Retrieved May 19, 2017.
  7. ^ Weyenberg, Michelle (March 2011), "23 Law Profs to Take Before You Die", The National Jurist, 20 (6): 22–29
  8. ^ Chemerinsky, Erwin (March 14, 2007). "A Well-Regulated Right to Bear Arms". The Washington Post. Retrieved January 22, 2009.
  9. ^ "My opinion George F. Will : Gun control issue back on the table". The Arizona Star. March 18, 2007. Archived from the original on February 15, 2009. Retrieved January 22, 2009.
  10. ^ a b c d e "Judicial Activism: Playing with the Constitution. An Interview with Constitutional Law Scholar Erwin Chemerinsky on Abortion, the 2nd Amendment, the War on Terror and Guantanamo Bay". FindLaw.com. September 18, 2008. Retrieved January 22, 2009.
  11. ^ "What to Know About the Ethics Lawsuit Facing President Trump". Time. Retrieved May 18, 2017.
  12. ^ Chemerinsky, Erwin (November 11, 2020). "Presidential elections and Senate seats underscore fact that this is not a democracy". Sacramento Bee.
  13. ^ Chemerinsky, Erwin (August 11, 2021). "There Is a Problem With California's Recall. It's Unconstitutional". New York Times.
  14. ^ Lumb 2010: Chemerinsky answered student questions that concerned the Oren lecture, which included the remark that while civil disobedience has a place in public discourse, its practitioners are still subject to punishment for breaking the law.
  15. ^ Santa Cruz, Nicole (September 23, 2011). "'Irvine 11': UC Irvine law school dean calls convictions 'harsh'". Los Angeles Times. Retrieved May 5, 2014.
  16. ^ Truong, Debbie (November 3, 2023). "A divide over the Israel-Hamas war flares at UC Berkeley Law". Los Angeles Times. Retrieved April 11, 2024.
  17. ^ a b Therolf, Garrett; Weinstein, Henry (September 13, 2007). "UC Irvine post is taken from liberal legal scholar - Criticism follows the dismissal of Erwin Chemerinsky as dean. The chancellor says the decision wasn't forced". Los Angeles Times. Archived from the original on February 15, 2009. Retrieved February 6, 2016.
  18. ^ Parsons, Dana, "Excuse for UCI's fumble on law school dean not good enough", Los Angeles Times, September 13, 2007.
  19. ^ "A Bad Beginning in Irvine". The New York Times. September 14, 2007. Retrieved May 2, 2010.
  20. ^ Therolf, Garrett, "News from California, the nation and world". Los Angeles Times. Archived from the original on November 6, 2007. Retrieved February 6, 2016. "Chemerinsky returns to UC Irvine post", Los Angeles Times, September 17, 2007.
  21. ^ "Statement From Chemerinsky & Drake". ocblog.net. OC Blog. Archived from the original on October 29, 2007.
  22. ^ "Erwin Chemerinsky named founding dean of UC Irvine's Donald Bren School of Law" (Press release). University of California, Irvine. September 20, 2007. Archived from the original on January 14, 2012.
  23. ^ a b Edward J. Boyer, "Professor Erwin Chemerinsky Is an Authority in Demand", Witness, March 6, 2001; accessed 2022.10.22.
  24. ^ "Erwin Chemerinsky and Catherine Fisk join the Faculty of Duke Law School", Duke Law, March 5, 2004.
  25. ^ BerkeleyLaw Profile, Catherine Fisk.

Sources

External links