Erwin Chemerinsky's Books

The Case Against the Supreme Court

By: Erwin Chemerinsky

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The Case Against the Supreme Court

By: Erwin Chemerinsky

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. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

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402

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Penguin Books

Published Date

ISBN 10

0143128000

ISBN 13

9780143128007

Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights

By: Erwin Chemerinsky

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Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights

By: Erwin Chemerinsky

An unprecedented work of civil rights and legal history, Presumed Guilty reveals how the Supreme Court has enabled racist policing and sanctioned law enforcement excesses through its decisions over the last half-century. Police are nine times more likely to kill African-American men than they are other Americans—in fact, nearly one in every thousand will die at the hands, or under the knee, of an officer. As eminent constitutional scholar Erwin Chemerinsky powerfully argues, this is no accident, but the horrific result of an elaborate body of doctrines that allow the police and, crucially, the courts to presume that suspects—especially people of color—are guilty before being charged. Today in the United States, much attention is focused on the enormous problems of police violence and racism in law enforcement. Too often, though, that attention fails to place the blame where it most belongs, on the courts, and specifically, on the Supreme Court. A “smoking gun” of civil rights research, Presumed Guilty presents a groundbreaking, decades-long history of judicial failure in America, revealing how the Supreme Court has enabled racist practices, including profiling and intimidation, and legitimated gross law enforcement excesses that disproportionately affect people of color. For the greater part of its existence, Chemerinsky shows, deference to and empowerment of the police have been the modi operandi of the Supreme Court. From its conception in the late eighteenth century until the Warren Court in 1953, the Supreme Court rarely ruled against the police, and then only when police conduct was truly shocking. Animating seminal cases and justices from the Court’s history, Chemerinsky—who has himself litigated cases dealing with police misconduct for decades—shows how the Court has time and again refused to impose constitutional checks on police, all the while deliberately gutting remedies Americans might use to challenge police misconduct. Finally, in an unprecedented series of landmark rulings in the mid-1950s and 1960s, the pro-defendant Warren Court imposed significant constitutional limits on policing. Yet as Chemerinsky demonstrates, the Warren Court was but a brief historical aberration, a fleeting liberal era that ultimately concluded with Nixon’s presidency and the ascendance of conservative and “originalist” justices, whose rulings—in Terry v. Ohio (1968), City of Los Angeles v. Lyons (1983), and Whren v. United States (1996), among other cases—have sanctioned stop-and-frisks, limited suits to reform police departments, and even abetted the use of lethal chokeholds. Written with a lawyer’s knowledge and experience, Presumed Guilty definitively proves that an approach to policing that continues to exalt “Dirty Harry” can be transformed only by a robust court system committed to civil rights. In the tradition of Richard Rothstein’s The Color of Law, Presumed Guilty is a necessary intervention into the roiling national debates over racial inequality and reform, creating a history where none was before—and promising to transform our understanding of the systems that enable police brutality.

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344

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Liveright Publishing

Published Date

ISBN 10

1631496522

ISBN 13

9781631496523

The Conservative Assault on the Constitution

By: Erwin Chemerinsky

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The Conservative Assault on the Constitution

By: Erwin Chemerinsky

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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338

Publisher

Simon and Schuster

Published Date

ISBN 10

1451606354

ISBN 13

9781451606355

We the People

A Progressive Reading of the Constitution for the Twenty-First Century

By: Erwin Chemerinsky

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We the People

A Progressive Reading of the Constitution for the Twenty-First Century

By: Erwin Chemerinsky

The author and dean of constitutional law offers framework for understanding the US Constitution and the current threats facing democracy. Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the US Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America Praise for We the People Paste Magazine’s 10 Best Books of November “This work will become the defining text on progressive constitutionalism—a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece.” —Lawrence Lessig, Harvard Law School, and author of Free Culture “Thank heaven for Erwin Chemerinsky. . . . His latest book, We the People, really is his finest work. . . . Clear and concise. . . . This book could not have come at a better time. It is a life preserver for those who feel adrift in the uncharted waters of the Trump era.” —Laurie L. Levenson, Los Angeles Review of Books “Chemerinsky . . . pulls no punches. . . . [His] rock-solid arguments are rooted in history, in a profound progressive philosophy.” —Kirkus Reviews (starred review)

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200

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Macmillan + ORM

Published Date

ISBN 10

1250165997

ISBN 13

9781250165992

Worse Than Nothing

The Dangerous Fallacy of Originalism

By: Erwin Chemerinsky

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Worse Than Nothing

The Dangerous Fallacy of Originalism

By: Erwin Chemerinsky

Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation "Chemerinsky . . . offers a concise, point-by-point refutation of the theory [of originalism]. He argues that it cannot deliver what it promises--and if it could, no one would want what it is selling."--David Cole, New York Review of Books 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. Three of the Supreme Court's nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts. 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 what the "original intent" of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.

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265

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Yale University Press

Published Date

ISBN 10

0300259905

ISBN 13

9780300259902

No Democracy Lasts Forever: How the Constitution Threatens the United States

By: Erwin Chemerinsky

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No Democracy Lasts Forever: How the Constitution Threatens the United States

By: Erwin Chemerinsky

AS SEEN ON MSNBC's MORNING JOE A groundbreaking work from one of America’s leading legal scholars, No Democracy Lasts Forever audaciously asserts that the only way a polarized America can avoid secession is to draft a new Constitution. The Constitution has become a threat to American democracy. Due to its inherent flaws—its treatment of race, dependence on a tainted Electoral College, a glaringly unrepresentative Senate, and the outsized influence of the Supreme Court—Erwin Chemerinsky, the dean of Berkeley Law School and one of our foremost legal scholars, has come to the sobering conclusion that our nearly 250-year-old founding document can no longer hold. Much might be fixed by Congress or the Supreme Court, but they seem unlikely to do so. One might logically conclude that amending the Constitution would solve the problem, yet logic seldom takes precedent, given that only fifteen of the 11,848 amendments proposed since 1789 have passed. Chemerinsky contends that without major changes, the Constitution is beyond redemption in that it has created a government that can no longer deal with the urgent issues, such as climate change and wealth inequalities, that threaten our nation and the world. Yet political Armageddon can still be avoided, Chemerinsky writes, if a new constitutional convention is empowered to replace the Constitution of 1787. Just as the Founding Fathers replaced the faulty Articles of Confederation that same year, we must, No Democracy Lasts Forever argues, rewrite the entire Constitution from start to finish. Still, Chemerinsky goes further than that, suggesting that without serious changes Americans may be on the path to various forms of secession based on a recognition that what divides us as a country is, in fact, greater than what unites us. No Democracy Lasts Forever asserts with exceptional clarity that if the problems with the Constitution are not fixed, we are ineluctably heading toward a crisis where secession is, indeed, possible and where it will be necessary to think carefully about how to preserve the United States as a world power in a very different form of government. Despite these troubles, Chemerinsky remains hopeful, revealing how the past offers hope that change can happen. The United States has been through enormously challenging and divisive times before, with a civil war and the Great Depression, and Chemerinsky ultimately shows that it may still be possible to cure the defects and save American democracy at the same time.

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174

Publisher

Liveright Publishing

Published Date

ISBN 10

1324091592

ISBN 13

9781324091592

Closing the Courthouse Door

How Your Constitutional Rights Became Unenforceable

By: Erwin Chemerinsky

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Closing the Courthouse Door

How Your Constitutional Rights Became Unenforceable

By: Erwin Chemerinsky

A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court 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. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts primary purpose, and they should not be barred from considering any constitutional question.

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280

Publisher

Yale University Press

Published Date

ISBN 10

0300224907

ISBN 13

9780300224900

Enhancing Government

Federalism for the 21st Century

By: Erwin Chemerinsky

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Enhancing Government

Federalism for the 21st Century

By: Erwin Chemerinsky

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.

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312

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Stanford University Press

Published Date

ISBN 10

0804763135

ISBN 13

9780804763134

Constitutional Law

By: Erwin Chemerinsky

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Constitutional Law

By: Erwin Chemerinsky

A leading text by a prominent scholar, Constitutional Law is known for its concise, comprehensive, and student-friendly presentation. Professor Chemerinsky's frame of reference coupled with rich background information make the law more readily understood. Influenced by 40+ years of teaching, Constitutional Law is dedicated to students who have consistently expressed a preference for straightforward and accessible content. 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. New to the Seventh Edition: Constitutional law has dramatically changed in the last few years. Changes in the law have required revisions throughout, creating a significantly different book than its predecessors. Since the sixth edition the Supreme Court has Overruled of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization Expanded Second Amendment rights in New York State Rifle and Pistol Association v. Bruen Effectively eliminated affirmative action in Students for Fair Admission v. University of North Carolina and Students for Fair Admission v. Harvard University Changed the law concerning the religion clauses of the First Amendment in cases such as Kennedy v. Bremerton School District, Carson v. Makin, and Fulton v. City of Philadelphia In addition to the revisions necessitated by these updates to the law, the book has been carefully and thoroughly edited. A new design has been adopted to make navigating notes and cases more straightforward. The overall approach of the book remains the same providing professors and students with: Focus on three types of material: major cases, heavily edited secondary cases, and essays Essays that provide context with historical background, development of the law in areas cases are not directly presented, and summaries of scholarly debates Straightforward, accessible prose Flexible organization Cases and materials edited to be as ideologically neutral as possible

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1744

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Aspen Publishing

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ISBN 13

9798886144611

Constitutional Law, Seventh Edition, 2024 Case Supplement

By: Erwin Chemerinsky

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Constitutional Law, Seventh Edition, 2024 Case Supplement

By: Erwin Chemerinsky

This case supplement includes Supreme Court decisions from the October 2023 term through June 2024. New to the 2024 Edition: Cases involving Donald Trump, including the scope of presidential immunity from criminal prosecutions and the meaning of Section 3 of the 14th Amendment Major decisions concerning constitutional issues regarding the administrative state United States v. Rahimi, on interpreting the Second Amendment First Amendment cases about state regulation of the internet

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169

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Aspen Publishing

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ISBN 13

9798892076920

Constitutional Law, Case 2002 Supplement

By: Erwin Chemerinsky

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Constitutional Law, Case 2002 Supplement

By: Erwin Chemerinsky

En ocasiones caemos en trampas mentales que nos llevan a pensar: «no valgo nada», «sin ti no existo», «lo dejo para después», «es lo que me ha tocado vivir», «no me lo merezco »... Uniendo la confi anza y la estima lograrás un efecto ciento por ciento positivo sobre los resultados de tu vida diaria. Para ello, no olvides tener en cuenta que no autoboicotearte es: invertir en ti, superarte, darte permiso para triunfar y mostrar tu verdadero yo. Ahora es tu turno. Que nada te impida creer en ti. El éxito te está esperando.

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316

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Aspen Publishers

Published Date

ISBN 10

0735527733

ISBN 13

9780735527737

Aspen Treatise for Constitutional Law

Principles and Policies

By: Erwin Chemerinsky

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Aspen Treatise for Constitutional Law

Principles and Policies

By: Erwin Chemerinsky

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. New to the 7th Edition: Discussion of many new cases, including: Allen v. Cooper; American Legion v. American Humanist Association.; Americans for Prosperity Foundation v. Bonta; California v. Texas; Calvary Chapel Dayton Valley v. Sisolak; Campbell-Ewald v. Gomez; Carr v. Saul; Carson v. Makin; Cedar Point Nursery v. Hassid; Central Virginia Community College v. Katz; City of Austin v. Reagan National Advertising; Collins v. Yellen; Davis v. Bandemer; Dept. of Commerce v. New York; Dobbs v. Jackson Women’s Health Organization; Espinoza v. Montana Department of Revenue; Franchise Tax Board v. Hyatt; Fulton v. City of Philadelphia; Gundy v. U.S.; June Medical Services LLC v. Russo; Kennedy v. Bremerton School District; Knick v. Township of Scott, Pennsylvania; Lamone v. Benisek; Mahanoy Area School District v. B.L.; Manhattan Community Access Corp. v. Halleck; Merrill v. Milligan; New York Rifle and Pistol Association. v. Bruen; New York State Rifle and Pistol Association., Inc. v. City of New York, NY; Our Lady of Guadalupe School v. Morrissey-Berru; PennEast Pipeline Co. v. New Jersey; Ramos v. Louisiana; Republican National Committee v. Democratic National Committee; Roman Catholic Diocese of Brooklyn v. Cuomo; Rucho v. Common Cause; Seila Law LLC v. Consumer Financial Protection Bureau; Siegel v. Fitzgerald; Shurtleff v. City of Boston; South Bay Pentecostal Church v. Newsom; Tandon v. Newsom; Tennessee Wine & Spirits Retailers Association. v. Thomas; Timbs v. Indiana; Torres v. Texas Dept. of Public Safety; TransUnion LLC v. Ramirez; Trump v. Hawaii; Trump v. Mazars USA, LLP; Trump v. Vance; U.S. v. Arthrex, Inc.; U.S. v. Sanchez-Gomez; U.S. v. Washington; Uzuegbunam v. Preczewski; Veith v. Jubelirer; West Virginia v. EPA; and Whole Woman’s Health v. Jackson Benefits for instructors and students: Renowned authorship Examination of black-letter law and all the myriad issues of constitutional interpretation with unrivaled thoroughness and lucidity Excellent historical overview of the creation and ratification of constitution, examining the existential question of why we have a constitution

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1540

Publisher

Aspen Publishing

Published Date

ISBN 10

1543857604

ISBN 13

9781543857603

Aspen Treatise for Federal Jurisdiction

By: Erwin Chemerinsky

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Aspen Treatise for Federal Jurisdiction

By: Erwin Chemerinsky

In Federal Jurisdiction, Seventh Edition, luminary author Erwin Chemerinsky unpacks the black letter law and underlying policy issues of his subject with the clarity and penetrating insight for which he is renowned. An accessible and thorough exposition of the laws, issues, and policies that determine the jurisdiction of federal courts students know they can rely on Federal Jurisdiction to inform and enrich their understanding of the cases and materials covered in this course. FEDERAL JURISDICTION, SEVENTH EDITION features: Comprehensive coverage that includes historical background, contemporary themes, and a lucid three-part organization of topics Illuminating descriptions and analyses of doctrine and policy Readable prose that explains current law, identifies unresolved issues, and examines competing policy considerations An even-handed treatment that considers multiple perspectives Updated throughout, the SEVENTH EDITION includes: Recent developments in standing, nonArticle III courts, sovereign immunity, Section 1983, Bevins liability, and habeas corpus New cases Clapper v. Amnesty International Susan B. Anthony List v. Driehaus Zivotofsky v. Clinton Wellness International Network Ltd. v. Sharif Lane v. Franks Minneci v. Pollard Sprint Communications, Inc. v. Jacobs

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1200

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Aspen Publishing

Published Date

ISBN 10

1454876611

ISBN 13

9781454876618

The Supreme Court in Transition

October Term 2020

By: Erwin Chemerinsky

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The Supreme Court in Transition

October Term 2020

By: Erwin Chemerinsky

This review of the Supreme Court's October 2020 Term looks back at the major cases addressed by the Court and provides a valuable focus on the implications of these decisions. Written by Erwin Chemerinsky, Dean of the University of California at Berkeley School of Law, the book takes a neutral tone, neither praising nor criticizing the decisions, and organizes the case essays by topic.

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164

Published Date

ISBN 10

1639050434

ISBN 13

9781639050437

Criminal Procedure

Investigation

By: Erwin Chemerinsky,Laurie L. Levenson

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Criminal Procedure

Investigation

By: Erwin Chemerinsky,Laurie L. Levenson

Focusing on the investigation phase of criminal procedure, Criminal Procedure: Investigation combines Laurie L. Levenson’s first-hand experience in the criminal justice system with Erwin Chemerinsky’s student-friendly writing style. The Third Edition examines the impact of a host of recent developments in the courts and legislature on the process investigating crime. It eschews reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and trendsetting policy issues. The book utilizes a chronological approach that guides students through criminal procedure doctrine from rules governing law enforcement investigation to matters related to habeas corpus relief. In addition to presenting the perspectives from various stakeholders, the authors take care to provide students with useful, practice-oriented materials. Criminal Procedure: Investigation not only employs a systemic approach that takes students through issues from policy to application of legal doctrine but also introduces issues at the forefront of modern criminal procedure debates. Key Features: Straightforward writing style and clear, dynamic text that is uncluttered with law review excerpts and features thoughtfully edited principal and minor cases. Intuitive chronological presentation of topics. Systematic and cohesive exploration of policy on every issue, before moving on to the specifics of doctrine. Practice-oriented features and discussion of important, modern criminal procedure issues. Approachable organization based on common progression through criminal justice system. Straight writing style that relies on cases and author essays rather than law review excerpts and strict Socratic rhetoric questions. Practice-oriented features, discussion of modern policy issues, useful example documents for practitioners. Useful examples for future and current criminal law practitioners.

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1755

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Aspen Publishing

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ISBN 10

1454897678

ISBN 13

9781454897675

Criminal Procedure

Investigation

By: Erwin Chemerinsky,Laurie L. Levenson

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Criminal Procedure

Investigation

By: Erwin Chemerinsky,Laurie L. Levenson

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Written in a student-friendly manner, the fourth edition ofCriminal Procedure: Investigationeschews excessive reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and current policy issues. Authored by a pair of well-respected criminal and constitutional law scholars, Criminal Procedure: Investigation utilizes a chronological approach that guides students through criminal procedure doctrine, from rules governing searches and seizures to the right to counsel. In addition to presenting the perspectives from various stakeholders (e.g. prosecutors, defense counsel, judges, police, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers. Criminal Procedure: Investigation not only employs a systemic approach that takes students through each step of criminal investigation, but also introduces issues at the forefront of modern criminal procedure debates. New to the Fourth Edition: The Fourth Edition has been thoroughly updated to provide analysis of important, recent decisions in the area of Criminal Procedure, including several decisions from the Supreme Court’s most recent terms and discussion of policy issues at the forefront of criminal law. New sections on excessive police force and on damage remedies for Fourth Amendment violations New cases include Carpenter v. United States (application of the Fourth Amendment to cellular location information); Torres v. Madrid (what is a seizure); Virginia v. Collins (automobile exception to the Fourth Amendment); United States v. Byrd (exclusionary rule case about the ability of an unauthorized driver of a rental car to challenge a police search); and Kansas v. Glover (reasonable suspicion for a car stop) Professors and student will benefit from: Straightforward writing style and dynamic text Clear and not cluttered with law reviews excerpts Relies on cases and author essays rather than excerpts and rhetoric questions Presents thoughtfully edited principal and note cases Intuitive organization and chronological presentation Presents topics in easy-to-understand approach from investigation to prosecution to post-conviction relief Approachable organization based on common progression through criminal justice system Systematic and cohesive presentation of topics Explores underlying policy before heading into doctrinal specifics Practice-oriented features Discussion of important, modern criminal procedure issues Useful examples for future and current criminal law practitioner

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Page Count

912

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Aspen Publishing

Published Date

ISBN 10

1543846084

ISBN 13

9781543846089

Constitutional Law, Sixth Edition

2020 Case Supplement

By: Erwin Chemerinsky

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Constitutional Law, Sixth Edition

2020 Case Supplement

By: Erwin Chemerinsky

New to the 2020 Edition: Decisions concerning subpoenas of financial information pertaining to President Trump (Trump v. Vance and Trump v. Mazars USA) Decision concerning constitutionality of Consumer Financial Protection Bureau (Seila Law v. Consumer Financial Protection Bureau) Decision concerning Louisiana restriction on abortion (June Medical Center v. Russo) Decisions concerning free exercise of religion (Espinoza v. Montana Department of Revenue; Our Lady of Guadalupe School v. Morrissey Beru)

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144

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Aspen Publishing

Published Date

ISBN 10

1543820301

ISBN 13

9781543820300

Criminal Procedure

Adjudication

By: Erwin Chemerinsky,Laurie L. Levenson

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Criminal Procedure

Adjudication

By: Erwin Chemerinsky,Laurie L. Levenson

Written in a student-friendly manner, the fourth edition of Criminal Procedure: Adjudication eschews excessive reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and current policy issues. Authored by a pair of well-respected criminal and constitutional law scholars, Criminal Procedure: Adjudication utilizes a chronological approach that guides students through criminal procedure doctrine, from prosecution initiation to habeas corpus relief. In addition to presenting the perspectives from various stakeholders (e.g. defense attorneys, judges, prosecutors, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers. Criminal Procedure: Adjudication not only employs a systemic approach that takes students through each step of criminal adjudication, but also introduces issues at the forefront of modern criminal procedure debates. New to the Fourth Edition: The Fourth Edition has been thoroughly updated to provide analysis of important, recent decisions in the area of Criminal Procedure, including several decisions from the Supreme Court’s most recent terms and discussion of policy issues at the forefront of criminal law. New cases include McCoy v. Louisiana (Sixth Amendment right to counsel); Ramos v. Louisiana (trial by jury); Flowers v. Mississippi (jury composition and selection); Jones v. Mississippi (sentencing); Bucklew v. Precythe (the death penalty); and Gamble v. United States (the dual sovereignty doctrine in double jeopardy) Professors and student will benefit from: Straightforward writing style and dynamic text Clear and not cluttered with law reviews excerpts Relies on cases and author essays rather than excerpts and rhetoric questions Presents thoughtfully edited principal and note cases Intuitive organization and chronological presentation Presents topics in easy-to-understand approach from prosecution to post-conviction relief Approachable organization based on common progression through criminal justice system Systematic and cohesive presentation of topics Explores underlying policy before heading into doctrinal specifics Practice-oriented features Discussion of important, modern criminal procedure issues Useful examples for future and current criminal law practitioners Teaching materials Include: Teacher’s Manual PowerPoints Practice exams Supplemental handouts and practice materials Companion video

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1547

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Aspen Publishing

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ISBN 10

1543846106

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9781543846102

CONSTITUTIONAL LAW 2022 CASE SUPPLEMENT

By: Erwin Chemerinsky

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CONSTITUTIONAL LAW 2022 CASE SUPPLEMENT

By: Erwin Chemerinsky

CONSTITUTIONAL LAW 2022 CASE SUPPLEMENT

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356

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Aspen Publishing

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ISBN 10

1543858201

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9781543858204

We the People

A Progressive Reading of the Constitution for the Twenty-First Century

By: Erwin Chemerinsky

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We the People

A Progressive Reading of the Constitution for the Twenty-First Century

By: Erwin Chemerinsky

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200

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Macmillan + ORM

Published Date

ISBN 10

1250165997

ISBN 13

9781250165992

The Religion Clauses

The Case for Separating Church and State

By: Erwin Chemerinsky,Howard Gillman

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The Religion Clauses

The Case for Separating Church and State

By: Erwin Chemerinsky,Howard Gillman

Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years ahead. In The Religion Clauses, Erwin Chemerinsky and Howard Gillman, two of America's leading constitutional scholars, begin by explaining how freedom of religion is enshrined in the First Amendment through two provisions. They defend a robust view of both clauses and work from the premise that that the establishment clause is best understood, in the words of Thomas Jefferson, as creating a wall separating church and state. After examining all the major approaches to the meaning of the Constitution's religion clauses, they contend that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. In an America that is only becoming more diverse with respect to religion, this is not only the fairest approach, but the one most in tune with what the First Amendment actually prescribes. Both a pithy primer on the meaning of the religion clauses and a broad-ranging indictment of the Court's misinterpretation of them in recent years, The Religion Clauses shows how a separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century.

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240

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Oxford University Press

Published Date

ISBN 10

0190699752

ISBN 13

9780190699758

Constitutional Law 2013 Case Supplement

By: Erwin Chemerinsky

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Constitutional Law 2013 Case Supplement

By: Erwin Chemerinsky

This is the 2013 case supplement to accompany Constitutional Law, Fourth Edition by Erwin Chemerinsky. Summary of Contents Preface Chapter 1.The Federal Judicial Power Chapter 2.The Federal Legislative Power Chapter 4. Limits on State Regulatory and Taxing Power Chapter 6. Economic Liberties Chapter 7. Equal Protection Chapter 9. First Amendment: Freedom of Expression

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Aspen Publishers

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1454828250

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9781454828259

Criminal Procedure

By: Erwin Chemerinsky,Laurie L. Levenson

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Criminal Procedure

By: Erwin Chemerinsky,Laurie L. Levenson

Written in a student-friendly manner, the fourth edition of Criminal Procedure eschews excessive reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and current policy issues. Authored by a pair of well-respected criminal and constitutional law scholars, Criminal Procedure utilizes a chronological approach that guides students through criminal procedure doctrine from rules governing law enforcement investigation to doctrine concerning habeas corpus relief. In addition to presenting the perspectives from various stakeholders (e.g. defense attorneys, judges, prosecutors, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers. Criminal Procedure not only employs a systemic approach that takes students through each step of criminal adjudication, but also introduces issues at the forefront of modern criminal procedure debates. New to the Fourth Edition: The Fourth Editionhas been thoroughly updated to provide analysis of important, recent decisions in the area of Criminal Procedure, including several decisions from the Supreme Court’s most recent terms and discussion of policy issues at the forefront of criminal law. Changes in Investigations chapters: New sections on excessive police force and on damage remedies for Fourth Amendment violations New cases, including Carpenter v. United States (application of the Fourth Amendment to cellular location information); Torres v. Madrid (what is a seizure); Virginia v. Collins (automobile exception to the Fourth Amendment); United States v. Byrd (exclusionary rule case about the ability of an unauthorized driver of a rental car to challenge a police search); Kansas v. Glover (reasonable suspicion for a car stop); and additional cases (yet to be decided) Changes in Adjudication chapters: New cases, including McCoy v. Louisiana (Sixth Amendment right to counsel); Ramos v. Louisiana (trial by jury); Flowers v. Mississippi (jury composition and selection); Jones v. Mississippi (sentencing); Bucklew v. Precythe (the death penalty); and Gamble v. United States (the dual sovereignty doctrine in double jeopardy) Professors and students will benefit from: Straightforward writing style and dynamic text Clear and not cluttered with law reviews excerpts Relies on cases and author essays rather than excerpts and rhetoric questions Presents thoughtfully edited principal and note cases Intuitive organization and chronological presentation Presents topics in easy-to-understand approach from investigation to prosecution to post-conviction relief Approachable organization based on common progression through criminal justice system Systematic and cohesive presentation of topics Explores underlying policy before heading into doctrinal specifics Practice-oriented features Discussion of important, modern criminal procedure issues Useful examples for future and current criminal law practitioners

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1968

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Aspen Publishing

Published Date

ISBN 10

1543846068

ISBN 13

9781543846065

Federal Courts in Context

By: Erwin Chemerinsky,R. Seth Davis,Fred O. Smith (Jr.),Norman W. Spaulding

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Federal Courts in Context

By: Erwin Chemerinsky,R. Seth Davis,Fred O. Smith (Jr.),Norman W. Spaulding

Federal Courts deservedly has the reputation of being an exceptionally difficult course, and this book is designed to make it accessible to students by providing the context of cases and doctrines, as well as explaining their relevance to the issues being litigated in the 21st century. Federal Courts in Context supports what pedagogic research calls "deep learning." It does so by framing federal jurisdiction and structural constitutional law using clear, concise explanations of the social and historical context of canonical cases to reveal the concrete stakes of traditional debates about federal judicial power. The result is an engaging, accessible, and richly textured account of the subject supporting not only more sophisticated doctrinal and jurisprudential analysis, but also the necessary foundation for inclusive pedagogy in the training of diverse 21st century lawyers. The focus is on canonical cases and their context rather than notoriously dense treatise-like material common to other books in the field. The book is also organized to dovetail with Erwin Chemerinsky's Federal Jurisdiction to maximize the accessibility of the casebook content and learning outcomes. Benefits for instructors and students: Structured to pair with the most commonly used secondary reference in the field, Erwin Chemerinsky's Federal Jurisdiction Focuses on canonical cases and excerpts rather than long, dense notes and treatise-like material Directly addresses the structural constitutional significance of the Civil War, Reconstruction Amendments, and the retreat from Reconstruction for federalism, the modern Court's federalism revival, and separation of powers Makes explicit the influences of Indian Removal, allotment, and the late nineteenth century extension of American empire on doctrines of sovereignty, jurisdiction, plenary power, and non-Article III courts Provides interdisciplinary contextualization of the labor movement, the New Deal, and the reproductive rights movement to enrich analysis of reverse-Erie cases, the rise of the administrative state, agency adjudication, and standing Marries doctrinal and theoretical precision about the course's core concepts (federalism, separation of powers, the Supremacy Clause, and jurisdiction) with legal realist sensibilities and attention to how ordinary people are affected by structural constitutional law, rather than abstractions, Socratic questions without answers, or other pedagogic techniques divorced from the research on deep learning

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1372

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Aspen Publishing

Published Date

ISBN 10

1543850316

ISBN 13

9781543850314

Constitutional Law, 2007 Case Supplement

By: Erwin Chemerinsky

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Constitutional Law, 2007 Case Supplement

By: Erwin Chemerinsky

the 2007 Supplement to Constitutional Law will include cases from the three terms (October Terms 2004, 2005, and 2006) that have occurred since the publication of the second edition of the book. In addition To The cases included in the 2006 Supplement, new cases likely will include: Hein v. Freedom from Religion Foundation, considering whether taxpayers have standing to challenge executive offices of Faith-Based and Community Initiative to provide money to religious organizations providing social services. Phillip Morris USA v. Williams, limiting what a jury's ability to award punitive damages for harm to third parties. Parents Involved in Community Schools v. Seattle School District No. 1, and Meredith v. Jefferson County Board of Education, considering whether it violates equal protection for a school system to use race in assigning students to secondary schools so as to achieve desegregation. Gonzales v. Carhart, upholding the constitutionality of the federal Partial Birth Abortion Act of 2003. Federal Election Commission v. Wisconsin Right to Life, considering whether the Bipartisan Campaign Finance Reform Act is unconstitutional as applied to prevent issue advertising by an organization that exists for advocacy purposes. Morse v. Frederick, considering whether a student may be punished for holding a banner (*Bong Hits 4 Jesus*) at a school event on a public sidewalk outside the school.

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282

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Aspen Publishers

Published Date

ISBN 10

0735564132

ISBN 13

9780735564138

Federal Courts in Context

By: Erwin Chemerinsky,Seth Davis,Fred O. Smith,Norman W. Spaulding

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Federal Courts in Context

By: Erwin Chemerinsky,Seth Davis,Fred O. Smith,Norman W. Spaulding

Federal Courts deservedly have the reputation of being an exceptionally difficult course, and this book is designed to make it accessible to students by providing the context of cases and doctrines, as well as explaining their relevance to the issues being litigated in the 21st century. Federal Courts in Context supports what pedagogic research calls “deep learning.” It does so by framing federal jurisdiction and structural constitutional law using clear, concise explanations of the social and historical context of canonical cases to reveal the concrete stakes of traditional debates about federal judicial power. The result is an engaging, accessible, and richly textured account of the subject supporting not only more sophisticated doctrinal and jurisprudential analysis but also the necessary foundation for inclusive pedagogy in the training of diverse 21st-century lawyers. The focus is on canonical cases and their context rather than notoriously dense treatise-like material common to other books in the field. The book is also organized to dovetail with Erwin Chemerinsky’s Federal Jurisdiction to maximize the accessibility of the casebook content and learning outcomes. Benefits for instructors and students: Structured to pair with the most commonly used secondary reference in the field, Erwin Chemerinsky’s Federal Jurisdiction. Focuses on canonical cases and excerpts rather than long, dense notes and treatise-like material. Directly addresses the structural constitutional significance of the Civil War, Reconstruction Amendments, and the retreat from Reconstruction for federalism, the modern Court’s federalism revival, and separation of powers. Makes explicit the influences of Indian Removal, allotment, and the late nineteenth-century extension of the American empire on doctrines of sovereignty, jurisdiction, plenary power, and non-Article III courts. Provides interdisciplinary contextualization of the labor movement, the New Deal, and the reproductive rights movement to enrich analysis of reverse-Erie cases, the rise of the administrative state, agency adjudication, and standing. Marries doctrinal and theoretical precision about the course’s core concepts (federalism, separation of powers, the Supremacy Clause, and jurisdiction) with legal realist sensibilities and attention to how ordinary people are affected by structural constitutional law, rather than abstractions, Socratic questions without answers, or other pedagogic techniques divorced from the research on deep learning.

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1372

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Aspen Publishing

Published Date

ISBN 10

1543850324

ISBN 13

9781543850321

Book's by Erwin Chemerinsky

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