Expert guidance for navigating the difficult new issues around free speech rights in higher educationIn their earlier book, Free Speech on Campus, Erwin Chemerinsky and Howard Gillman argued that colleges and universities should permit the expression of the widest possible range of views. Nearly ten tumultuous years later, many issues have arisen that this simple principle does not adequately address. To what extent must an institution provide expensive se...

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 ...

Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretationOriginalism, 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 ...

Both historically and in the present, the Supreme Court has largely been a failureIn 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 ...

Table of Contents:PrefaceIntroduction to October Term 2021AbortionAdministrative LawCivil Rights LitigationCriminal Law and ProcedureElection LawFederal Court JurisdictionFirst Amendment: Freedom of SpeechFirst Amendment: ReligionImmigration LawIndian LawSecond AmendmentState SecretsConclusion: Looking AheadI...

Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this ...

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 pr...

Follow a trial lawyer's career through the demanding, often controversial, and suspenseful world of jury trials, tension-filled appeals and the different worlds of courtrooms, jail cells, corporate boardrooms, and law firms. Each of the cases in the nineteen chapters were selected from a total of his 150 jury trials to reflect issues of current importance, including refugees on the Mexican border, gargantuan gender battles inside one of the largest corporations in the world, sexual taboos ...

From 1953 to 1969, Earl Warren served as chief justice of the US Supreme Court. During that time, the Warren Court made a number of historically important decisions involving anti-miscegenation laws (Loving v. Virginia), the right to privacy (Griswold v. Connecticut), and, perhaps most important, racial segregation (Brown v. Board of Education).In The Warren Court and Democratic Constitution, Horwitz highlights the radical shift in traditional ju...

In a groundbreaking reclamation of states’ rights for progressives, two dozen leading legal experts outline the levers states have at their disposal to push back on a federal government run amok“The powers not delegated to the United States by the Constitution . . . are reserved to the States.” —The 10th Amendment to the U.S. ConstitutionThe concept of “states’ rights” has long been a rallying cry of American conservatives seeking to hold b...

Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretationOriginalism, 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 ...

The Supreme Court’s October 2023 Term was filled with blockbuster decisions that will have a dramatic effect on the law and on people’s lives. The Court created broad immunity from criminal prosecution for official acts taken by a president, dramatically limited the power of federal administrative agencies, clarified the meaning of the Second Amendment, and empowered cities to use the criminal law against the unhoused. This concise book reviews the key decisions of October Term 2022 and th...