Erwin Chemerinsky

Erwin Chemerinsky is Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law

Recent Articles

When Fear Threatens Freedom

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Throughout American history, whenever the United States has felt threatened, our response has been repression. In hindsight we come to realize that the nation was not made any safer from the loss of civil liberties. This is a crucial lesson to be remembered as the country deals with the terrible tragedy of Monday’s bombings in Boston. The impulse to take away constitutional rights to gain security must be resisted because, in reality, complying with the Constitution is not an impediment to safety. If history repeats itself, there are likely to be calls to make it easier for police to search people and their possessions without warrants or probable cause or even reasonable suspicion. Once more, there will be proposals to allow the authorities to detain individuals, even indefinitely, on suspicion of their supporting terrorism. There are sure to be calls to allow law enforcement to more easily intercept electronic communications, even of those conducted entirely within the United...

Stanching the Cash Flow

A flood of special-interest money has corrupted our courts. How can we fight back?

The influence of special-interest money in the corruption of state courts has been well documented. In 39 states, at least some judges are elected, and the costs of these elections are escalating dramatically. The money for such campaigns comes primarily from lawyers and litigants with matters before the courts. At the very least, this system undermines the public's perception of the integrity of courts and their rulings. More than seven in ten Americans surveyed said they believe campaign cash influences judicial decisions. Nearly half of state-court judges agreed. The pervasive perception and increasing reality of monetary influence in judicial decision-making weakens a cornerstone of American democracy. What can we imagine by way of remedy? There are two distinct paths. In the first approach, states would accept judicial elections but mitigate monetary influence by combining rigorous recusal rules with limits on campaign expenditures. In the second scenario, states would shift from...