Erwin Chemerinsky | |
|---|---|
 Chemerinsky in 2020 | |
| 13th Dean ofUniversity of California, Berkeley, School of Law | |
| Assumed office July 1, 2017 | |
| Preceded by | Melissa Murray |
| 1st Dean ofUniversity of California, Irvine School of Law | |
| In office July 1, 2008 – July 1, 2017 | |
| Succeeded by | L. Song Richardson |
| Personal details | |
| Born | (1953-05-14)May 14, 1953 (age 72) Chicago, Illinois, U.S. |
| Education | Northwestern University (BS) Harvard University (JD) |
Erwin Chemerinsky (born May 14, 1953) is an American legal scholar known for his studies ofU.S. constitutional law and federalcivil procedure. Since 2017, Chemerinsky has been thedean of theUC Berkeley School of Law. Previously, he was the inaugural dean of theUniversity of California, Irvine School of Law from 2008 to 2017.[1][2]
Chemerinsky was named a fellow of theAmerican 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.[3] In 2021 Chemerinsky was named President-elect of theAssociation of American Law Schools.
Chemerinsky was born in 1953 in Chicago, Illinois. He grew up in a working-classJewish family in theSouth Side of Chicago and attended theUniversity of Chicago Laboratory Schools for high school.[4] He studied communications atNorthwestern University, where he competed on thedebate team. He graduated in 1975 with aBachelor of Science,summa cum laude. Chemerinsky then attendedHarvard Law School, where he was a member of theHarvard Legal Aid Bureau. He graduated in 1978 with aJuris Doctor,cum laude.
After law school, Chemerinsky worked as an honors attorney in theCivil Division of theU.S. Department of Justice from 1978 to 1979, then entered private practice at theWashington, D.C., law firm Dobrovir, Oakes & Gebhardt.[5] In 1980, Chemerinsky was hired as an assistant professor of law atDePaul University College of Law. He moved to theGould School of Law at theUniversity of Southern California (USC) in 1983. Chemerinsky taught at USC from 1983 to 2004, then joined the faculty ofDuke University School of Law.
In 1995, Chemerinsky provided commentary on the O.J. Simpson trial for KCBS-TV, KNX, and CBS News. He assisted in drafting the Constitution of Belarus and was a founding member of the Progressive Jewish Alliance.[6]He served on a panel within the Los Angeles Police Department, tasked with investigating theRampart Scandal, and participated in a commission examining irregularities in city contracting processes. He played a role in drafting the Los Angeles city charter.[7]
In 2008, Chemerinsky was named the inaugural dean of the newly establishedUniversity of California, Irvine School of Law. In 2017, he became dean of theUC Berkeley School of Law, where he is also the Jesse H. Choper Distinguished Professor of Law.[8]
Chemerinsky has authored sixteen books, including a constitutional law textbook, and over two hundred law review articles.[9] He also writes a regular column for theSacramento Bee and a monthly column for theABA Journal andLos Angeles Daily Journal, and frequently pens op-eds for prominent newspapers across the country.[10] Chemerinsky has also argued several cases at theUnited States Supreme Court, includingUnited States v. Apel,Scheidler v. National Organization for Women.Lockyer v. Andrade andVan Orden v. Perry, and has written numerousamicus briefs.[citation needed]
In 2011,National Jurist magazine described Chemerinsky one of the "23 Law Profs to Take Before You Die".[11]
He is the National Advisory Board Co-chair of the UC Free Speech Center. He was appointed to Los Angeles District Attorney George Gascón's transition team in 2020. He was the President of the Association of American Law Schools for the term spanning 2021–2022.[12]
Chemerinsky supportsgun control and disagreed with the decision inDistrict of Columbia v. Heller. He thinks that even if an individual's right to bear arms exists, theDistrict of Columbia was justified in restricting that right because it believed that the law would lessen violence.[13]George Will specifically mentioned and responded to Chemerinsky's argument in a column that ran four days later.[14]
Chemerinsky believes thatRoe v. Wade was correctly decided.[15] He says, "Judicial activism is the label for the decision that people don't like."[15] He also believed thatgay marriage should be legal many years prior to the decision inObergefell v. Hodges.[15]
Chemerinsky alsorepresents a client held at theGuantanamo Bay detention center.[15] He supportsaffirmative action.[15] In January 2017, Chemerinsky, along with other high-profile lawyers, sued PresidentDonald Trump for refusing to "divest from his businesses".[16]
In an opinion piece following the2020 presidential election, Chemerinsky wrote that "theElectoral 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."[17]
In a New York Times op-ed in August 2021, Chemerinsky argued that California'srecall process is unconstitutional. This process called for a two-part ballot, with a yes-no question on whether to remove the governor from office, and then second question to select the candidate to replace the governor, with the governors name absent from that ballot. Chemerinsky argued that a governor receiving just below 50% support in the first question could be removed and replaced by a candidate receiving a much smaller plurality in the second question. This would replace a sitting governor with a candidate that received fewer votes than they did in the same election. 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".[18]
In 2010,students who were protesting against UCI's invitation of Israeli AmbassadorMichael Oren interrupted his speech several times. Chemerinsky, referring to theheckler's veto, asserted that their protest was a form of punishablecivil disobedience and not protected by theFirst Amendment.[19] However, he also strongly criticized the prosecutors' decision to file criminal charges against the students.[20]
In October 2023, more than 200Berkeley Law alumni signed an open letter asking Chemerinsky, as dean, to address the harm done by aWall Street Journal op-ed by Berkeley Law colleague Steven Davidoff Solomon titled "Don’t Hire My Anti-Semitic Law Students." The letter said that Solomon conflated "support for the Palestinian people or criticism of the Israeli government with antisemitism." The alumni urged Chemerinsky to uphold freedom of speech for all students at Berkeley Law, including those that advocated for Palestinian rights, in the wake of threats topro-Palestine student protestors' freedom of speech at the school. Chemerinsky responded to the Berkeley Law community that Solomon's op-ed was free speech, even if it included language that others found "deeply offensive", while also noting that Solomon expressed a personal opinion and did not speak for the law school.[21] Chemerinsky also wrote aLos Angeles Times op-ed denouncing antisemitism on college campuses (including student protestors calling for the "total elimination of Israel"), describing antisemitic remarks directed at him personally, strongly opposing the policies of the Netanyahu government, supporting "full rights for Palestinians", and affirming free speech for students and school administrators alike. He called on fellow university administrators to denounce celebrations of theOct. 7 Hamas-led attack on Israel.[22] Some alumni criticized Chemerinsky's op-ed, saying it ignored anti-Palestinian racism faced by Berkeley Law students.[21]
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 ChancellorMichael 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.[23]
The action was criticized by both liberal and conservative scholars, who felt it hindered the academic mission of the law school and violated principles ofacademic freedom, and few believed Drake's claims that it was not the result of outside influence.[23][24] The issue was the subject of aneditorial inThe New York Times on Friday, September 14.[25] Details emerged revealing that the university had received criticism on the hire from theCalifornia Supreme Court's Chief JusticeRonald M. George, who criticized Chemerinsky's grasp ofdeath penalty appeals and a group of prominent localRepublicans, including Los Angeles County SupervisorMichael 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 theDuke University School of Law at the time, and the two reached an agreement late Sunday evening.[26]
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."[27] On September 20, 2007, Chemerinsky's hire was formally approved by theRegents of the University of California.[28]
On April 9, 2024, Chemerinsky's wife, law professor Catherine Fisk, was involved in a physical altercation with a Muslim law student during an invitation-only dinner for graduating law students held at the professors' home. When the student attempted to give a speech in protest of Israel's actions in Gaza, Fisk attempted to take the student's microphone.[29] The student claimed that they had aFirst Amendment right to protest inside the professors' home, which was described as a wrongful interpretation of the First Amendment by the professors and multiple legal experts.[30][31] According to Chemerinsky, the First Amendment did not include the right to protest inside of others' private homes.[32][33] After the student accused Fisk of discrimination and harassment, UC Berkeley opened a civil rights investigation into the incident.[34]
Chemerinsky was first married to Marcy Strauss, a professor atLoyola Law School. They had two sons, Jeffrey and Adam, before divorcing in 1992.[35]
Chemerinsky later marriedCatherine Fisk,[36] the Barbara Nachtrieb Armstrong Professor of Law at UC Berkeley School of Law.[37] They have a son, Alex, and a daughter, Mara.[35]
In 1999, he helped found the Progressive Jewish Alliance, a social justice group based in Los Angeles.
Most importantly, I was elected by Los Angeles voters in 1997 to a commission to rewrite the Los Angeles City Charter and then chosen by my fellow commissioners to chair the Elected Los Angeles City Charter Reform Commission.
A D.C. Bar member since 1979, Chemerinsky has authored 16 books, including a constitutional law textbook, and more than 200 law review articles.
He writes a regular column for the Sacramento Bee, monthly columns for the ABA Journal and the Daily Journal, and frequent op-eds in newspapers across the country.
