In 2011,National Jurist magazine described Chemerinsky one of the "23 Law Profs to Take Before You Die".[9]
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.[10]
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.[11]
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.[12]
Legal thought
Chemerinsky supports gun control and disagreed with the decision in District of Columbia v. Heller. He thinks that even if an individual's right to bear arms exists,the District of Columbia was justified in restricting that right because it believed that the law would lessen violence.[13]George Will specifically mentioned and responded to Chemerinsky's argument in a column that ran four days later.[14]
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."[17]
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".[18]
In 2010, students who were protesting against UCI's invitation of Israeli Ambassador Michael Oren interrupted his speech several times. Chemerinsky, referring to the heckler's veto, asserted that their protest was a form of punishable civil disobedience and not protected by the First Amendment.[19] However, he also strongly criticized the prosecutors' decision to file criminal charges against the students.[20]
In October 2023, more than 200 Berkeley Law alumni signed an open letter asking Chemerinsky, as dean, to address the harm done by a Wall Street Journal op-ed by Berkeley Law colleague Steven Davidoff Solomon titled "Don’t Hire My Anti-Semitic Law Students." The letter said that Solomon conflated "support for the Palestinian people or criticism of the Israeli government with antisemitism." The alumni urged Chemerinsky to uphold freedom of speech for all students at Berkeley Law, including those that advocated for Palestinian rights, in the wake of threats to pro-Palestine student protestors' freedom of speech at the school. Chemerinsky responded to the Berkeley Law community that Solomon's op-ed was free speech, even if it included language that others found "deeply offensive", while also noting that Solomon expressed a personal opinion and did not speak for the law school.[21] Chemerinsky also wrote a Los Angeles Times op-ed denouncing antisemitism on college campuses (including student protestors calling for the "total elimination of Israel"), describing antisemitic remarks directed at him personally, strongly opposing the policies of the Netanyahu government, supporting "full rights for Palestinians", and affirming free speech for students and school administrators alike. He called on fellow university administrators to denounce celebrations of the Oct. 7 Hamas-led attack on Israel.[22] Some alumni criticized Chemerinsky's op-ed, saying it ignored anti-Palestinian racism faced by Berkeley Law students.[21]
Controversies
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.[23]
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 academic freedom, and few believed Drake's claims that it was not the result of outside influence.[23][24] The issue was the subject of an editorial in The New York Times on Friday, September 14.[25] Details emerged revealing that the university had received criticism on the hire from the California Supreme Court's Chief Justice Ronald M. George, who criticized Chemerinsky's grasp 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.[26]
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."[27] On September 20, 2007, Chemerinsky's hire was formally approved by the Regents of the University of California.[28]
On April 9, 2024, Chemerinsky's wife, law professor Catherine Fisk, was involved in a physical altercation with a Muslim law student during an invitation-only dinner for graduating law students held at the professors' home. When the student attempted to give a speech in protest of Israel's actions in Gaza, Fisk attempted to take the student's microphone.[29] The student claimed that they had a First Amendment right to protest inside the professors' home, which was described as a wrongful interpretation of the First Amendment by the professors and multiple legal experts.[30][31] According to Chemerinsky, the First Amendment did not include the right to protest inside of others' private homes.[32][33] After the student accused Fisk of discrimination and harassment, UC Berkeley opened a civil rights investigation into the incident.[34]
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.[35]
Chemerinsky later married Catherine Fisk,[36] the Barbara Nachtrieb Armstrong Professor of Law at UC Berkeley School of Law.[37] They have a son, Alex, and a daughter, Mara.[35]
Selected works
Books
Chemerinsky, Erwin (1987). Interpreting the Constitution. New York: Praeger Publishers. ISBN978-0-275-92674-8.
— (1989). Federal Jurisdiction. Boston: Little, Brown & Co.
—; Roberts, John C. (2003). "Entrenchment of Ordinary Legislation: A Reply to Professors Posner and Vermeule". California Law Review. 91 (6): 1773–1820.
↑ Blaustein, Rich (November 9, 2022). "Berkeley Law Dean Erwin Chemerinsky Makes the Case Against Originalism". DC Bar. The District of Columbia Bar. Retrieved July 16, 2024. A D.C. Bar member since 1979, Chemerinsky has authored 16 books, including a constitutional law textbook, and more than 200 law review articles.
↑ Bloom, Anne; Manjeshwar, Sanjana; Morikawa, Jamie; Pace, Nicholas M.; Saunders-Medina, Bethany (June 4, 2021). COVID-19 and the Courts: Lessons from the Pandemic. Santa Monica, California: RAND Corporation. p.6. doi:10.7249/CFA1299-1. Retrieved July 18, 2024. He writes a regular column for the Sacramento Bee, monthly columns for the ABA Journal and the Daily Journal, and frequent op-eds in newspapers across the country.
↑ Chemerinsky, Erwin (2017). "Leadership in Law Schools"(PDF). Stanford Law Review. 69 (June 2017): 1765. Retrieved July 18, 2024. Most importantly, I was elected by Los Angeles voters in 1997 to a commission to rewrite the Los Angeles City Charter and then chosen by my fellow commissioners to chair the Elected Los Angeles City Charter Reform Commission.
↑ 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.
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