# Erwin Chemerinsky

Erwin Chemerinsky (born May 14, 1953) is an American legal scholar known for his studies of U.S. constitutional law and federal civil procedure. Since 2017, Chemerinsky has been the dean of the UC Berkeley School of Law. Previously, he was the inaugural dean of the University of California, Irvine School of Law from 2008 to 2017.
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. In 2021 Chemerinsky was named President-elect of the Association of American Law Schools.

## Early life and education

Chemerinsky was born in 1953 in Chicago, Illinois. He grew up in a working-class Jewish family in the South Side of Chicago and attended the University of Chicago Laboratory Schools for high school. He studied communications at Northwestern University, where he competed on the debate team. He graduated in 1975 with a Bachelor of Science, summa cum laude. Chemerinsky then attended Harvard Law School, where he was a member of the Harvard Legal Aid Bureau. He graduated in 1978 with a Juris Doctor, cum laude.

## Professional career

After law school, Chemerinsky worked as an honors attorney in the Civil Division of the U.S. Department of Justice from 1978 to 1979, then entered private practice at the Washington, D.C., law firm Dobrovir, Oakes & Gebhardt. 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.
Chemerinsky has authored sixteen books, including a constitutional law textbook, and over two hundred law review articles. He also writes a regular column for the Sacramento Bee and a monthly column for the ABA Journal and Los Angeles Daily Journal, and frequently pens op-eds for prominent newspapers across the country. Chemerinsky has also argued several cases at the United States Supreme Court, including United States v. Apel, Scheidler v. National Organization for Women. Lockyer v. Andrade and Van Orden v. Perry, and has written numerous amicus briefs.
In 2011, National Jurist magazine described Chemerinsky one of the "23 Law Profs to Take Before You Die".
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.
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.
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.

## 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. George Will specifically mentioned and responded to Chemerinsky's argument in a column that ran four days later.
Chemerinsky believes that Roe v. Wade was correctly decided. He says, "Judicial activism is the label for the decision that people don't like." He also believed that gay marriage should be legal many years prior to the decision in Obergefell v. Hodges.
Chemerinsky also represents a client held at the Guantanamo Bay detention center. He supports affirmative action. In January 2017, Chemerinsky, along with other high-profile lawyers, sued President Donald Trump for refusing to "divest from his businesses".
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."
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".

### Freedom of speech

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. However, he also strongly criticized the prosecutors' decision to file criminal charges against the students.
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. 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. Some alumni criticized Chemerinsky's op-ed, saying it ignored anti-Palestinian racism faced by Berkeley Law students.

## 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.
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. The issue was the subject of an editorial in The New York Times on Friday, September 14. 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.
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." On September 20, 2007, Chemerinsky's hire was formally approved by the Regents of the University of California.
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. 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. According to Chemerinsky, the First Amendment did not include the right to protest inside of others' private homes. After the student accused Fisk of discrimination and harassment, UC Berkeley opened a civil rights investigation into the incident.

## 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.
Chemerinsky later married Catherine Fisk, the Barbara Nachtrieb Armstrong Professor of Law at UC Berkeley School of Law. They have a son, Alex, and a daughter, Mara.

## Selected works
### Books

* Chemerinsky, Erwin (1987). Interpreting the Constitution. New York: Praeger Publishers. ISBN 978-0-275-92674-8.
* — (1989). Federal Jurisdiction. Boston: Little, Brown & Co.
** 2nd edition (1994); 3rd edition (1999); 4th edition (2003), Aspen Publishers; 5th edition (2007); 6th edition (2012), Wolters Kluwer; 7th edition (2016); 8th edition (2020).
* — (1997). Constitutional Law: Principles and Policies. New York: Aspen Law and Business.
** 2nd edition (2002); 3rd edition (2006); 4th edition (2011); 5th edition (2015), Wolters Kluwer; 6th edition (2019) *— (2019). Constitutional Law, 6th Edition. Aspen Publishers. ISBN 978-1543813074.; 7th edition (2023).
* — (2005). Constitutional Law (2nd edition). New York: Aspen Publishers;
** 3rd edition (2009); 4th edition (2013); 5th edition (2017).
* — (2008). Enhancing Government: Federalism for the 21st Century. Stanford: Stanford University Press. ISBN 978-0-804-75199-5.
* — (2011). The Conservative Assault on the Constitution. New York: Simon & Schuster. ISBN 978-1416574675.
* — (2014). The Case Against the Supreme Court. New York: Viking; (2015), New York: Penguin Books.
* — (2018). We the People: A Progressive Reading of the Constitution for the Twenty-First Century. New York: Picador. ISBN 9781250166005.
* — (2022). Worse Than Nothing: The Dangerous Fallacy of Originalism. Yale University Press.
* — (2022). Criminal Procedure: Adjudication (4th Edition). Aspen Publishers. ISBN 978-1543846096.
* — (2024). No Democracy Lasts Forever: How the Constitution Threatens the United States. Liveright. ISBN 9781324091592.

### Articles

* Chemerinsky, Erwin (1985). "Rethinking State Action". Northwestern University Law Review. 80 (3): 503–57.
* — (1988). "Parity Reconsidered: Defining a Role for the Federal Judiciary". UCLA Law Review. 36 (2): 233–328.
* — (1989). "The Supreme Court, 1988 Term — Foreword: The Vanishing Constitution". Harvard Law Review. 103 (1): 43–104.
* — (1994). "Cases Under the Guarantee Clause Should Be Justiciable". University of Colorado Law Review. 65 (4): 849–80.
* — (1995). "The Values of Federalism". Florida Law Review. 47 (4): 499–540.
* —; Fisk, Catherine (1997). "The Filibuster". Stanford Law Review. 49 (2): 181–254. doi:10.2307/1229297. JSTOR 1229297.
* — (1999). "Substantive Due Process". Touro Law Review. 15 (4): 1501–34.
* — (2000). "Content Neutrality as a Central Problem of Freedom of Speech: Problems in the Supreme Court's Application". Southern California Law Review. 74 (1): 49–64.
* — (2001). "Against Sovereign Immunity". Stanford Law Review. 53 (5): 1201–24. doi:10.2307/1229540. JSTOR 1229540.
* —; Roberts, John C. (2003). "Entrenchment of Ordinary Legislation: A Reply to Professors Posner and Vermeule". California Law Review. 91 (6): 1773–1820.
* —; Jones, Trina; Barnes, Mario L. (2010). "A Post-Race Equal Protection?". Georgetown Law Journal. 98 (4): 967–1004.
* —; Barnes, Mario L. (2011). "The Once and Future Equal Protection Doctrine". Connecticut Law Review. 43 (4): 1059–88.
* —; Forman, Jolene; Hopper, Allen; Kamin, Sam (2015). "Cooperative Federalism and Marijuana Regulation" (PDF). UCLA Law Review. 62 (1): 74–122.