Erwin Chemerinsky

Since 2017, Chemerinsky has been the dean of the UC Berkeley School of Law. Previously, he also served as the inaugural dean of the University of California, Irvine School of Law from 2008 to 2017.

Erwin Chemerinsky
Chemerinsky in 2020
Born	(1953-05-14) May 14, 1953 (age 70) Chicago, Illinois, U.S.
Academic background
Education	Northwestern University (BS) Harvard University (JD)
Academic work
Discipline	Constitutional law Civil procedure
Institutions	DePaul University (1980–1983) University of Southern California (1983–2004) Duke University (2004–2008) University of California, Irvine (2008–2017) University of California, Berkeley (2017–present)
13th Dean of University of California, Berkeley, School of Law
Incumbent
Assumed office July 1, 2017
Preceded by	Melissa Murray

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.

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 with a Juris Doctor, cum laude, in 1978.

After law school, Chemerinsky worked as an honors attorney in the U.S. Department of Justice's Civil Division from 1978 to 1979, then entered private practice at the Washington, D.C., law firm Dobrovir, Oakes & Gebhardt. 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 published eleven books (three of which have been printed in multiple editions) and over 200 law review articles.^{[citation needed]} 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.^{[citation needed]} 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.^{[citation needed]}

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.^{[citation needed]}

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

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

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

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.

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

• Chemerinsky, Erwin (1985). "Rethinking State Action". Northwestern University Law Review. 80 (3): 503–57.
• ——— (1987). Interpreting the Constitution. New York: Praeger Publishers. ISBN 978-0-275-92674-8.
• ——— (1988). "Parity Reconsidered: Defining a Role for the Federal Judiciary". UCLA Law Review. 36 (2): 233–328.
• ——— (1989a). 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).
• ——— (1989b). "Foreword: The Vanishing Constitution". Harvard Law Review. 103 (1): 43–104.
• ——— (1995). "The Values of Federalism". Florida Law Review. 47 (4): 499–540.
• ———; Fisk, Catherine (1997a). "The Filibuster". Stanford Law Review. 49 (2): 181–254. doi:10.2307/1229297. JSTOR 1229297.
• ——— (1997b). 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.
• ——— (2001). "Against Sovereign Immunity". Stanford Law Review. 53 (5): 1201–24. doi:10.2307/1229540. JSTOR 1229540.
• ——— (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.

Citations

Sources

• Duke University School of Law biography
• University of Southern California Law School biography
• UCI Faculty
• BerkeleyLaw Faculty
• Appearances on C-SPAN
• Curriculum Vitae