After serving as a Visiting Professor at Duke Law for a semester in 2002, Erwin Chemerinsky re-joined the Duke University faculty from 2004 to 2008 as the Alston & Bird Professor of Law and as a Professor of Political Science. He was awarded the Duke Scholar-Teacher of the Year award in 2006. Chemerinsky specialized in constitutional law, federal practice, civil rights/liberties, and appellate litigation. A prolific author, his publications include the leading casebook Constitutional Law first published in 2001, monthly contributions to the ABA Journal, and over two hundred law review articles. In April 2005, he was named by Legal Affairs as one of “the top 20 legal thinkers in America.”
Chemerinsky earned his B.S. from Northwestern University in 1975 and his J.D. from Harvard Law School in 1978. In addition to his professorship at Duke University, he has taught at DePaul University College of Law (1980-1984), UCLA Law School (1997, 2001), and the University of Southern California Law School (1983-2004). Chemerinsky left Duke to become the (founding) Dean and Distinguished Professor of Law and the Raymond Pryke Professor of First Amendment Law at the University of California, Irvine School of Law.
Sources:
Duke University, School of Law, Bulletin of Duke University School of Law [serial]
- Appellate Litigation Clinic
- Constitutional Law
- Federal Courts
- Federal Practice of Civil Rights and Civil Liberties
Books
- Enhancing Government: Federalism for the 21st Century (Stanford University Press, )
- Federal Jurisdiction (Aspen Publishers, 5th ed. )
- Constitutional Law: Principles and Policy (3d ed. )
- Constitutional Law (Aspen Law & Business, 2d ed. )
Articles & Essays
- Closing the Courthouse Doors to Civil Rights Plaintiffs, 44 Trial 64-65 ()
- An Overview of the October 2006 Supreme Court Term, 23 Touro Law Review 731-739 ()
- California Climate Change and the Constitution, 25 Environmental Forum 50-63 () (with others)
- Empowering States When It Matters: A Different Approach to Preemption, in Terrorism, Government, and Law: National Authority and Local Autonomy in the War on Terror 130-146 (Susan N. Herman & Paul Finkleman eds.,, )
- First Amendment Decisions from the October 2006 Term, 23 Touro Law Review 741-760 ()
- The Story of City of Los Angeles v. Lyons: Closing the Federal Courthouse Doors, in Civil Rights Stories 131-150 (Myriam E. Gilles & Risa L. Goluboff eds, )
- The Story of Santa Fe Independent School District v. Doe: God and Football in Texas, in Education Law Stories 319-336 (Michael A. Olivas & Ronna Greff Schneider eds., )
- Will Exxon Punitive Damages Spill Over into Due Process Questions?, 44 Trial 62-64 ()
- Small Docket , Big Decisions in Court's New Term, 43 Trial 70-72 ()
- The Court Deals a Blow to Pay Discrimination Plaintiffs, 43 Trial 60-61 ()
- A Troubling Take on Excessive-force Claims, 43 Trial 74-77 ()
- More Questions About Punitive Damages, 43 Trial 72-74 ()
- The Incredible Shrinking Docket, 43 Trial 64-65 ()
- An Overview of the October 2005 Supreme Court Term, 22 Touro Law Review 873-896 ()
- Challenging Direct Democracy, 2007 Michigan State Law Review 293-306 ()
- Foreword: The Constitution and Fundamental Rights, 18 University of Florida Journal of Law & Public Policy xi-xv ()
- Injunctions in Defamation Cases, 57 Syracuse Law Review 157-173 ()
- Judicial Restraint: How Kermit Roosevelt III's Judicial Theory Undermines the Very Case for Judicial Philosophies, 3 Democracy: A Journal of Ideas () (reviewing Kermit Roosevelt III, The Myth of Judicial Activism: Making Sense of Supreme Court Decisions (Yale University Press, 2006))
- Presidential Powers Including Military Tribunals in the October 2005 Term, 22 Touro Law Review 897-916 ()
- Rediscovering Brandeis's Right to Privacy, 45 Brandeis Law Journal 643-657 ()
- The State-created Danger Doctrine, 23 Touro Law Review 1-26 ()
- Turning Sharply to the Right, 10 Green Bag 423-438 ()
- Was He Guilty as Charged? An Alternative Narrative Based on the Circumstantial Evidence From 12 Angry Men, 82 Chicago-Kent Law Review 691-710 () (with others)
- Who Should Be the Authoritative Interpreter of the Constitution? Why There Should Not Be a Political Question Doctrine, in The Political Question Doctrine and the Supreme Court of the United States 181-197 (Nada Mourtada-Sabbah & Bruce E. Cain eds, )
- Workers Win in Retaliation Case, 43 Trial 58-59 ()
- Roberts Court Enters A Divisive Second Year, 42 Trial 66-68 ()
- The Supremes: All Eyes Are on the Roberts Court and Justice Anthony Kennedy's Potential Swing Vote, 26 California Lawyer 20 ()
- In Guantanamo Case, Justices Rein In Executive Power, 42 Trial 60-62 ()
- Now, It's the Kennedy Court, 7 California Bar Journal 1 ()
- Why the Supreme Court Was Wrong About the Solomon Amendment, 1 Duke Journal of Constitutional Law & Public Policy 259-278 ()
- Upholding Due Process, 42 Trial 84-85 ()
- The First Amendment and Military Recruiting, 42 Trial 78-79 ()
- Court Revisits Sovereign Immunity in Discrimination Cases, 42 Trial 70-72 ()
- Making Confirmation Hearings More Meaningful, 115 Yale Law Journal Pocket Part 38 ()
- A Look Back at the Rehnquist Era and an Overview of the 2004 Supreme Court Term, 21 Touro Law Review 731-762 ()
- A Term to Remember, 42 Trial 62-64 ()
- Assessing Chief Justice William Rehnquist, 154 University of Pennsylvania Law Review 1331-1364 ()
- Constitutionality of the Attorney Liability Provisions of the Bankruptcy Reform Act, in Attorney Liability in Bankruptcy 141-152 () (with Barbara Glesner Fines)
- Federalism Cases in the October 2004 Term, 21 Touro Law Review 787-807 ()
- Foreword, The Right to a Speedy and Public Trial xi-xiii () (Praeger, Reference Guides to the United States Constitution, No. 16, 2006)
- Reconceptualizing Federalism, 50 Law School Law Review 729-755 ()
- The Assault On The Constitution: Executive Power And The War On Terrorism, 40 U.C. Davis Law Review 1-20 ()
- The Assumptions of Federalism, 58 Stanford Law Review 1763-1791 ()
- The End of an Era: Supreme Court October Term 2004, in Seventh Annual Supreme Court Review 17-31 ()
- The Kennedy Court, 9 Green Bag 335-346 ()
- The Rehnquist Court and the Death Penalty, 94 Georgetown Law Journal 1367-1383 ()
- Rehnquist's Steady Conservatism Reshaped the Law, 41 Trial 70-72 ()
- The O'Connor Legacy, 41 Trial 68-69 ()
- Age Discrimination Claims Get a Boost From the Court, 41 Trial 76-77 ()
- A Civil Rights Victory for Prisoners, 41 Trial 76-77 ()
- Catch the High Court's Eye With a Compelling Petition, 41 Trial 70-71 () (with Doriane Lambelet Coleman)
- Qualified Immunity Ruling Raises Hurdles for Plaintiffs, 41 Trial 66-67 ()
- 2003-2004 Supreme Court Update, 2005 Utah Law Review 97-125 ()
- Constitutional Issues Posed in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 79 American Bankruptcy Law Journal 571-602 ()
- Court Adds Class Actions, Religion to Docket, 41 Trial 66-68 ()
- Detentions Without Due Process of Law Following September 11th, 20 Touro Law Review ()
- Empowering States: The Need to Limit Federal Preemption, 33 Pepperdine Law Review 69-75 ()
- Empowering States: A Rebuttal to Dr. Greve, 33 Pepperdine Law Review 91-94 ()
- Enemy Combatants and Separation of Powers, 1 Journal of National Security Law & Policy 73-87 ()
- In Defense of Filibustering Judicial Nominations, 26 Cardozo Law Review 331-352 () (with Catherine Fisk)
- Keynote Address: Rehnquist Court's Federalism Revolution, 41 Willamette Law Review 827-846 ()
- The End of an Era: The October Term 2004, 8 Green Bag 345-354 ()
- The Lower Federal Courts and the War on Terrorism, 39 Valparaiso University Law Review 607-623 ()
- The Segregation and Resegregation of American Public Education: The Court's Role, 38 Clearinghouse Review 633-650 () (reprinted in School Resegregation: Must the South Turn Back (John Boger & Gary Orfield eds., University of North Carolina Press 2005))
- Wartime Security and Constitutional Liberty: Detainees, 68 Albany Law Review 1118-1126 ()
- Why Justice Breyer Was Wrong in Van Orden v. Perry, 14 William & Mary Bill of Rights Journal 1-16 ()
- A Pro Bono Requirement for Faculty Members, 37 Loyola of Los Angeles Law Review 1235-1246 ()
- Empowering States When It Matters - a Different Approach to Preemption, 69 Brooklyn Law Review 1313-1333 ()
- Evolving Standards of Decency in 2003 - Is the Dealth Penalty on Life Support?, 29 University of Dayton Law Review 201-222 ()
- In Defense of Judicial Review: The Perils of Popular Constitutionalism, 2004 University of Illinois Law Review 673-689 ()
- Losing Liberties: Applying a Foreign Intelligence Model to Domestic Law Enforcement, 51 UCLA Law Review 1619-1643 ()
- Politics, Not History, Explains the Rehnquist Court, 13 Temple Political & Civil Rights Law Review 647-661 ()
- Post 9/11 Civil Rights: Are Americans Sacrificing Freedom for Security, 81 Denver University Law Review 759-773 ()
- Progressive and Conservative Constitutionalism as the United States Enters the 21st Century, 67 Law and Contemporary Problems 53-62 ()
- Putting the Gun Control Debate in Social Perspective, 73 Fordham Law Review 477-485 ()
- Real Discrimination?, 16 Washington University Journal of Law & Policy 97-127 ()
- The Constitution and Punishment, 56 Stanford Law Review 1049-1080 ()
- The Deconstitutionalization of Education, 36 Loyola University of Chicago Law Journal 111-135 ()
- The Need to Clarify the Meaning of U.S. Supreme Court Remands: The Lessons of Punitive Damages’ Cases, 36 Arizona Law Journal 513-526 ()
- The Rehnquist Revolution, 2 Pierce Law Review 1-16 ()
- What Is Commercial Speech? - the Issue Not Decided in ‘Nike v. Kasky’, 54 Case Western Reserve Law Review 1143-1160 ()
- Cruel and Unusual: The Story of Leandro Andrade, 52 Drake Law Review 1-24 ()
- Entrenchment of Ordinary Legislation: A Reply to Professors Posner and Vermeule, 91 California Law Review 1773-1819 ()
- Foreword: The Myth of the Liberal Ninth Circuit, 37 Loyola of Los Angeles Law Review 1-22 ()
- Government Duty to Protect: Post-DeShaney Developments, 19 Touro Law Review 679-706 ()
- Ideology and the Selection of Federal Judges, 36 U.C. Davis Law Review 619-631 ()
- Ignoring the Rule of Law: The Courts and the Guantanamo Detainees, 25 Thomas Jefferson Law Review 303-316 ()
- Privacy and the Alaska Constitution: Failing to Fulfill the Promise, 20 Alaska Law Review 29-48 ()
- Separate and Unequal: American Public Education Today, 52 American University Law Review 1461-1475 ()
- Supreme Court Review, 51 University of Kansas Law Review 269-289 ()
- The Parsonage Exemption Violates the Establishment Clause and Should Be Declared Unconstitutional, 24 Whittier Law Review 707-738 ()
- The Segregation and Resegregation of American Public Education: The Court’s Role, 81 North Carolina Law Review 1597-1622 ()
- Under the Bridges of Paris: Economic Liberties Should Not Be Just for the Rich, 6 Chapman Law Review 31-42 ()
- Understanding the Rehnquist Court: An Admiring Reply to Professor Merril, 47 Saint Louis University Law Journal 659-676 ()
- Restrictions on the Speech of Judicial Candidates Are Unconstitutional: A Reply to Professor O’Neil, 35 Indiana Law Review 735-746 ()
- Balancing Copyright Protections and Freedom of Speech: Why the Copyright Extension Act Is Unconstitutional, 36 Loyola of Los Angeles Law Review 83-97 ()
- Closing the Courthouse Doors to Civil Rights Litigants, 5 University of Pennsylvania Journal of Constitutional Law 537-557 ()
- Does Federalism Advance Liberty?, 47 Wayne Law Review 911-930 ()
- Ensuring the Supremacy of Federal Law: Why the District Court Was Wrong in Westside Mothers v. Haveman, 12 Health Matrix 139-156 ()
- How Should We Think About Bush v. Gore?, 34 Loyola University of Chicago Law Journal 1-22 ()
- Of Course Ideology Should Matter in Judicial Selection, 7 NEXUS 3-10 ()
- The Rhetoric of Constitutional Law, 100 Michigan Law Review 2008-2035 ()
- Against Sovereign Immunity, 53 Stanford Law Review 1201-1224 ()
- An Independant Analysis of the Los Angeles Police Department’s Board of Inquiry Report on the Rampart Scandal, 34 Loyola of Los Angeles Law Review 545-656 ()
- Bush v. Gore Was Not Justiciable, 76 Notre Dame Law Review 1093-1112 ()
- Further Thoughts, 54 Oklahoma Law Review 55-66 ()
- Getting Beyond Formalism in Constitutional Law: Constitutional Theory Matters, 54 Oklahoma Law Review 1-16 ()
- Justice O’Connor and Federalism, 32 McGeorge Law Review 877-893 ()
- Protecting the Spending Power, 4 Chapman Law Review 89-105 ()
- Supreme Court 2000-2001 Term: First Amendment Cases, 18 Touro Law Review 657-690 ()
- Supreme Court Update, 31 New Mexico Law Review 31-53 ()
- The Expressive Interest of Associations, 9 William & Mary Bill of Rights Journal 595-618 () (with Catherine Fisk)
- The Federalism Revolution, 31 New Mexico Law Review 7-30 ()
- Why the Rehnquist Court Is Wrong About the Establishment Clause, 33 Loyola University of Chicago Law Journal 221-236 ()
- A Different Vision of Judicial Review: In Tribute to Professor Grano, 46 The Wayne Law Review 1403-1418 ()
- Are Student Delivered Graduation Prayers and Religious Speeches Constitutional?, 5 NEXUS 3-12 ()
- Content Neutrality as a Central Problem of Freedom of Speech: Problems in the Supreme Court’s Application, 74 Southern California Law Review 49-74 ()
- Law Enforcement and Criminal Law Decisions, 28 Pepperdine Law Review 517-546 ()
- Learning the Wrong Lessons From History: Why There Must Be an Independant Counsel Law, 5 Widener Law Symposium Journal 1-16 ()
- Protect the Press: A First Amendment Standard for Safeguarding Aggressive Newsgathering, 33 University of Richemond Law Review 1143-1166 ()
- Right Result, Wrong Reasons: Reno v. Condon, 25 Oklahoma Law Review 823-841 ()
- Students Do Leave Their First Amendment Rights at the Schoolhouse Gates: What’s Left of Tinker, 48 Drake Law Review 527-546 ()
- The Court Should Have Remained Silent: Why the Court Erred in Deciding Dickerson v. United States, 149 University of Pennsylvania Law Review 287-308 ()
- The Hypocrisy of ‘Alden v. Maine’: Judicial Review, Sovereign Immunity and the Rehnquist Court, 33 Loyola of Los Angeles Law Review 1283-1308 ()
- The Jurisprudence of Justice Scalia: A Critical Appraisal, 22 University of Hawai'i Law Review 385-401 ()
- The Rampart Scandal and the Criminal Justice System in Los Angeles County, 57 Guild Practicioner 121-133 ()
- A Framework for Analyzing the Constitutionality of Restrictions on Federal Court Jurisdiction in Immigration Cases, 20 Immigrant and Nationality Law Review 295-316 ()
- Civil Rights Without Remedies: Vicarious Liability Under Title VII, Section 1983, and Title IX, 7 William & Mary Bill of Rights Journal 775-800 () (with Catherine Fisk)
- Dialogue on State Action, 16 Touro Law Review 773-810 ()
- Do State Religious Freedom Restoration Acts Violate the Establishment Clause or Separation of Powers?, 32 U.C. Davis Law Review 645-664 ()
- In Defense of the Big Tent: The Importance of Recognizing the Many Audiences for Legal Scholarship, 34 Tulsa Law Journal 667-678 () (with Catherine Fisk)
- Procedural Due Process Claims, 16 Touro Law Review 871-894 ()
- Prosecutorial Immunity, 15 Touro Law Review 1643-1656 ()
- Protecting Privacy From Technological Intrusions, 1999 Annual Survey of American Law 183-192 ()
- Substantive Due Process, 15 Touro Law Review 1501-1534 ()
- The Constitution in Authoritarian Institutions, 32 Suffolk University Law Review 441-461 ()
- The Ethics of Being a Commentator III, 50 Mercer Law Review 737-765 () (with Laurie Levenson)
- The Rehnquist Court & Justice: An Oxymoron?, 1 Washington University Journal of Law & Policy 37-52 ()
- The Supreme Court, Public Opinion, and the Role of the Academic Commentator, 40 South Texas Law Review 943-956 ()
- Balancing the Rights of Privacy and the Press: A Reply to Professor Smolla, 67 George Washington Law Review 1164 ()
- Perserving an Independent Judiciary: The Need for Contribution and Expenditure Limits in Judicial Elections, 74 Chicago-Kent Law Review 133-149 ()
- Silence Is Not Golden: Protecting Lawyer Speech Under the First Amendment, 47 Emory Law Journal 859-888 ()
- The Religious Freedom Restoration Act Is a Constitutional Expansion of Rights, 39 William & Mary Law Review 601-636 ()
- Decision-Makers: In Defense of Courts, 71 American Bankruptcy Law Journal 109-130 ()
- Federalism Not as Limits, but as Empowerment, 45 University of Kansas Law Review 1219-1240 ()
- Formalism and Functionalism in Federalism Analysis, 13 Georgia State University Law Review 959-984 ()
- Justice Delayed Is Justice Denied, 2 Nexus 24-42 ()
- Lawyers Have Free Speech Rights, Too: Why Gag Orders on Trial Participants Are Almost Always Unconstitutional, 17 Loyola of Los Angeles Entertainment Law Review 311-332 ()
- More Speech Is Better, 45 UCLA Law Review 1635-1644 ()
- The Filibuster, 49 Stanford Law Review 181-254 () (with Catherine Fisk)
- What Would Be the Impact of Eliminating Affirmative Action?, 27 Golden State University Law Review 313-326 ()
- Making Sense of the Affirmative Action Debate, 22 Ohio Northern University Law Review 1159-1176 ()
- The Ethics of Being a Commentator, 69 Southern California Law Review 1303-1340 () (with Laurie Levenson)
- The Impact of the Proposed California Civil Rights Initiative, 23 Hastings Law Journal 999-1018 ()
- Dunwody Distinguished Lecture in Law: The Values of Federalism, 47 Florida Law Review 499-540 ()
- Assessing Minimum Contacts: A Reply to Professors Cameron and Johnson, 28 U.C. Davis Law Review 863-870 ()
- Eliminating Discrimination in Administering the Death Penalty: The Need for the Racial Justice Act, 35 Santa Clara Law Review 519-534 ()
- Is It the Siren’s Call?: Judges and Free Speech While Cases Are Pending, 28 Loyola of Los Angeles Law Review 831-850 ()
- Reporter’s Draft for the Working Group on Principles to Use When Considering the Federalization of Civil Law, 46 Hastings Law Journal 1305-1318 ()
- The Fragmentation of the Federal Rules, 79 Judicature 67-73 ()
- Lost Opportunity: The Burger Court and the Failure to Achieve Equal Educational Opportunity, 45 Mercer Law Review 999-1015 ()
- The First Amendment: When the Government Must Make Content-Based Choices, 42 Cleveland State Law Review 199-214 ()
- Why Cases Under the Guarantee Clause Should Be Justiciable, 65 University of Colorado Law Review 849-880 ()
- History, Tradition, the Supreme Court, and the First Amendment, 44 Hastings Law Journal 901-920 ()
- Is the Rehnquist Court Really That Conservative?: An Analysis of the 1991-92 Term, 26 Creighton Law Review 987-1004 ()
- Making the Case for a Constitutional Right to Minimum Entitlements, 44 Mercer Law Review 525-541 ()
- The Fire This Time, 66 Southern California Law Review 1571-1580 ()
- October Tragedy, 65 Southern California Law Review 1497-1516 ()
- Rationalizing Jurisdiction, 41 Emory Law Journal 3-12 ()
- The Lawless Execution of Robert Alton Harris, 102 Yale Law Journal 225-254 () (with Evan Caminker)
- The Supreme Court and the Fourteenth Amendment: The Unfulfilled Promise, 25 Loyola of Los Angeles Law Review 1143-1158 ()
- A Unified Approach to Justiciability, 22 Connecticut Law Review 677-702 ()
- Ending the Marathon: It Is Time to Overrule “Northern Pipeline”, 65 American Bankruptcy Law Journal 311-324 ()
- Ending the Parity Debate, 71 Boston University Law Review 593-608 ()
- In Defense of Truth, 41 Case Western Reserve Law Review 745-756 ()
- Congress, the Supreme Court, and the Eleventh Amendment: A Comment on the Decisions During the 1988-89 Term, 39 DePaul Law Review 321-344 ()
- Defining the Role of Federal Courts, 1990 Brigham Young University Law Review 67-96 () (with Larry Kramer)
- The Question’s Not Clear, but Party Government Is Not the Answer, 30 William & Mary Law Review 411-424 ()
- Foreword: The Vanishing Constitution, 103 Harvard Law Review 43-102 ()
- Ideology, Judicial Selection and Judicial Ethics, 2 Georgetown Journal of Legal Ethics 643-664 ()
- The Constitution Is Not ‘Hard Law’: The Bork Rejection and the Future of Constitutional Jurisprudence, 6 Constitutional Commentary 29-38 ()
- Parity Reconsidered: Defining a Role for the Federal Judiciary, 36 UCLA Law Review 233-328 ()
- Evaluating Judicial Candidates, 61 Southern California Law Review 1985-1994 ()
- Federal Courts, State Courts, and the Constitution: A Rejoinder to Professor Redish, 36 UCLA Law Review 369-382 ()
- Protecting the Democratic Process: Voter Standing to Challenge Abuses of Incumbancy, 49 Ohio State Law Journal 773-798 ()
- A Paradox Without a Principle: A Comment on the Burger Court’s Jurisprudence in Separation of Powers Cases, 60 Southern California Law Review 1083-1114 ()
- Thinking About Habeas Corpus, 37 Case Western Reserve Law Review 748-793 ()
- Wrong Questions Get Wrong Answers: An Analysis of Professor Carter’s Approach to Judicial Review, 66 Boston University Law Review 47-69 ()
- Pedagogy Without Purpose: An Essay on Professional Responsibility Courses and Casebooks, 1985 American Bar Foundation Research Journal 189-200 ()
- Changing the Rules of the Game: The New FCC Regulations on Political Debates, 7 Comm/Ent Law Journal 1-18 ()
- More Is Not Less: A Rejoinder to Professor Marshall, 80 Northwestern University Law Review 571-576 ()
- Rethinking State Action, 80 Northwestern University Law Review 503-557 ()
- State Sovereignty and Federal Court Power: The Eleventh Amendment After “Pennhurst v. Halderman”, 12 Hastings Constitutional Law Journal 643-668 ()
- Training the Ethical Lawyer: A Rejoinder to Schneyer, 1985 American Bar Foundation Research Journal 959-970 ()
- The Price of Asking the Wrong Question: An Essay on Constitutional Scholarship and Judicial Review, 62 Texas Law Review 1207-1262 ()
- Controlling Fraud Against the Government: The Need for Decentralized Enforcement, 58 Notre Dame Law Review 995-1018 ()
- Controlling Inherent Presidential Power: Providing a Framework for Judicial Review, 56 Southern California Law Review 863-911 ()
- In Defense of Equality: A Reply to Professor Westen, 81 Michigan Law Review 575-599 ()
- Ending the Dual System of American Public Education: The Urgent Need for Legislative Action, 32 DePaul Law Review 77-106 ()
- Rationalizing the Abortion Debate: Legal Rhetoric and the Abortion Controversy, 31 Buffalo Law Review 107-164 ()
- Fraud and Corruption Against the Government: A Proposed Statute to Establish a Taxpayer Remedy, 72 Criminal Law & Criminology 1482-1521 ()
- Government Statistics: The Case for Independant Regulation—A New Legislative Proposal, Texas Law Review 1223-1246 () (with others)
Newspaper Articles and Commentary
- A Break With Precedent On Abortion, Newark Star Ledger (, at 15)
- Partial Birth Decision Shows Court Will Overrule Precedent, Chicago Sun Times (, at 43)
- Don't Rush to Execution; California Must Reject Gonzales' Effort to Bend Death Penalty Rules, Los Angeles Times (, at A17)
- Bush's Saving of Insider Libby Destroys Tradition, Abuses Presidential Power, Los Angeles Daily Journal (, at 6)
- Abandoning the Promise, Baltimore Sun (, at 15A) (with Charles Clotfelter)
- The Death of Segregation, News & Observer (, at A10) (with Charles Clotfelter)
- Conservative Justice; Forget the Promises -- Roberts and Alito Delivered High Court Ideology, Los Angeles Times (, at A35)
- Silencing Profanity Wastes Government Time, Los Angeles Daily Journal (, at 6)
- Judges Know Best: Debating 'Gonzales v. Carhart', Los Angeles Daily Journal (, at 6) (with Catherine Fisk)
- On the Senate Grill, Gonzales Defiant: For His Lies to the People, AG Must Go, Los Angeles Daily Journal (, at 1)
- Letter Imperfect, Los Angeles Daily Journal (, at 6)
- Historical Parallel To Attorney Firings?, San Diego Union-Tribune (, at B7)
- Smokey Logic, Los Angeles Daily Journal (, at 6)
- A Well-Regulated Right to Bear Arms, Washington Post (, at A15)
- High Court Must Allow Review For Guantanamo Detainees, Orlando Sentinel (, at A15)
- Prisoners of the Rule of Law, Boston Globe ()
- Off Base, Los Angeles Daily Journal (, at 6)
- A Bad LAPD Decision, Squared, Los Angeles Times (, at 23)
- Rehnquist Revelation, Los Angeles Daily Journal (, at 8)
- Blinding Schools to Race Devalues Diversity, Daily Journal ()
- Congress Should Adopt Immediately a Federal Shield Law for Journalists, Daily Journal ()
- Navy Is Wrong to Force Out Guantanamo Lawyer, Daily Journal ()
- Standing Up To Injustice In A Crisis, News & Observer (, at A15)
- The Supremes, Daily Journal ()
- Legislating Violations of the Constitution, Washington Post ()
- New Rules For Detainees Still Fall Short, News & Observer (, at A31)
- State Supreme Court in 'Copley' Undermines Accountability of Police, Daily Journal ()
- Every Executive Needs a Limit: Judge Taylor Got It Right On Wiretapping, Slate Magazine ()
- Let All Criminal Defendants Pick Their Lawyers, Daily Journal ()
- Speakers Cornered: Cheney's Leaking Represents An Abuse Of Power, Not Freedom Of Speech, Slate Magazine ()
- On the Roberts Court, the Police Get More Freedom, Daily Journal ()
- 'Garcetti' Decision Ignores the People's Right to Know, Daily Journal Forum Column ()
- Use Careful Procedures, National Law Journal (, at 27)
- Schools Must Be Able to Limit Abusive Speech, Daily Journal ()
- The LAPD Needs Policing, Los Angeles Times (, at C) (with others)
- Court Blasts Indecency of Criminalizing Homeless, Daily Journal Forum Column ()
- Ruling Was a Loss For Free Speech, Association, Richmond Times-Dispatch (, at A9)
- Court Snubs Free Speech to Bow to Military, Daily Journal Forum Column ()
- Roberts Court Nips a Little at Sovereign Immunity, Daily Journal Forum Column ()
- Naming names at the LAPD: The Police Commission's Decision Not to Disclose the Identity of Officers Involved in Shootings is an Example of Special-interest Politics at its Worst, Los Angeles Times (, at C)
- A Scholar Views the Hearing -- Alito Sanitizes a Career That Cries for Filibuster by the Senate -- Alito Bowdlerizes Record That Cries for Filibuster, Daily Journal ()
- Law Schools Have Right to Bar Military Recruiters, Daily Journal Forum Column ()
- Splitting 9th Circuit Is Costly, Conservative Ploy, Daily Journal Forum Column ()
- White House, Miers Must Reveal Her Hidden Record, Daily Journal Forum Column ()
- Memos, Briefs Give Democrats Reason to Oppose Nomination, Daily Journal Forum Column ()
- Two Scholars View the Hearing: Testimony Misleads Judiciary Panel, People, Daily Journal Forum Column ()
- Thomas, Unbridled, Would Gut 200 Years of Precedent, Daily Journal Forum Column ()
- Mothball Gitmo, Not Detainees, News & Observer () (with Stephen Yagman)
- Justices' Opinions Make Future of Establishment Clause Unclear, Daily Journal Forum Column ()
- Court Moves to Weed Out Race Issue in Jury Selection, Daily Journal ()
- Deep Throat's Message, News & Observer (, at A15)
- Surprising High-Court Rulings Shift Civil Rights Outlook, Daily Journal ()
- Attack on Court Threatens Crucial Checks and Balances, Daily Journal ()
- Citing Foreign Law Sparks Unnecessary Bruhaha, Daily Journal ()
- Statute Undercuts Right to Mount First Amendment Defense, Daily Journal ()
- Justices Create Confusion in Sentencing by Declaring Guidelines Advisory, Daily Journal () (with others)