New Releases by Erwin Chemerinsky

To ensure that you have the most up-to-date and complete materials for your Constitutional Law class, be sure to use Constitutional Law, 2009 Case Supplement . Case coverage includes: Northwest Austin Municipal Utility District Number One v. Holder Altria Group, Inc. v. Good Wyeth v. Levine Caperton v. A.T. Massey Coal Co., Inc. District Attorney''s Office For The Third Judicial District v. Osborne Pleasant Grove City, Utah v. Summum Federal Communications Commission et al., Petitioners, v. Fox Television Stations, Inc., et al.

What is the purpose of legal scholarship? The foreword to the University of Michigan Law Review''s book review issue provides an excellent occasion for addressing this question. This in turn requires considering who are the audiences for legal scholarship and what should count as legal scholarship. This essay offers thoughts and suggestions on these important topics.

Unlike in other countries, there is no express protection of socioeconomic rights written into the United States Constitution. Additionally, the U.S. Supreme Court has neither deemed such rights fundamental for the purposes of review under the Constitution nor found poverty to be a classification, like race, that is deserving of a searching equal protection analysis. The problem of how to reform the Court''s shabby treatment of interests that have been described as "constitutional welfare rights" has been long standing, having commanded at least forty years of sustained scholarly debate. The conversation continues because even as the plight of the poor worsens in this country, socioeconomic rights are thorny. Not only does greater recognition of constitutional welfare rights provide a potential basis to limit certain types of governmental class-based discrimination, if given full effect, such rights might also be construed as forcing the provision of government benefits or assistance. The necessary brevity of this short essay prevents the in-depth exploration of the broadest variant of the welfare rights debate: how to effectively structure a constitutionally-recognized right to some form of basic subsistence. Justifications, however, can be provided for why discrimination based upon socioeconomic class needs greater constitutional protection and how a more robust equal protection analysis can serve as the means to achieve this goal. Toward this end, Part II of this Essay articulates just how lean the U.S. Supreme Court''s jurisprudence has been in the area socioeconomic class. Sections A through C summarize the treatment of poverty under the various strands of Fourteenth Amendment jurisprudence, while Section D provides a number of justifications for why socioeconomic class deserves a more considered approach from the Court. Part III lays out how the Court''s treatment of race, as classification, has been very different from the treatment of socioeconomic class and explores why there has been this difference. Part IV concludes by suggesting that the Court should abandon its present bifurcated jurisprudence on race and class as a first step toward acknowledging the need for consistent judicial treatment of classifications that operate as overlapping and intersecting bases for discrimination and subordination.

Intended for use with any of the authors’ three casebooks for Criminal Procedure, The 2008 Case and Statutory Supplement combines two different objectives. First, it covers the cases from the October 2007 Term, which ended on June 28, 2008. Second, it provides important statutory material related to each of the casebook’s chapters. the 2008 Case and Statutory Supplement features significant new Supreme Court case decisions regarding: Searches and Seizures Seizures and Arrests Bail and Pretrial Release Preventative Detention Right to Counsel When the Right to Counsel Applies Right of Self-Representation Trial Jury Composition and Selection Sentencing Indeterminate versus Determinate Sentencing The Death Penalty Standards for Constitutional Implementation of the Death Penalty Recent Limits on the Scope of the Death Penalty Habeas Corpus And The War on Terrorism Important Statutory Material: Selected Federal Rules of Criminal Procedure Selected Sections from U.S. Code Title 18, Crimes and Criminal Procedure Selected Sections from U.S. Code Title 28, Judiciary and Judicial Procedure

Federalism—the division of power between national and state governments—has been a divisive issue throughout American history. Conservatives argued in support of federalism and states'' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states'' rights to limit federal power even further. In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court''s recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky''s view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection. The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government—as the Court and Congress are now doing in the name of federalism—is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.

This premier treatise offers a powerful exploration of the underlying polices and the doctrine of federal jurisdiction. Erwin Chemerinsky, one of the nation''s leading authorities in this area of the law, clearly identifies current law and unresolved

the 2007 Supplement to Constitutional Law will include cases from the three terms (October Terms 2004, 2005, and 2006) that have occurred since the publication of the second edition of the book. In addition To The cases included in the 2006 Supplement, new cases likely will include: Hein v. Freedom from Religion Foundation, considering whether taxpayers have standing to challenge executive offices of Faith-Based and Community Initiative to provide money to religious organizations providing social services. Phillip Morris USA v. Williams, limiting what a jury''s ability to award punitive damages for harm to third parties. Parents Involved in Community Schools v. Seattle School District No. 1, and Meredith v. Jefferson County Board of Education, considering whether it violates equal protection for a school system to use race in assigning students to secondary schools so as to achieve desegregation. Gonzales v. Carhart, upholding the constitutionality of the federal Partial Birth Abortion Act of 2003. Federal Election Commission v. Wisconsin Right to Life, considering whether the Bipartisan Campaign Finance Reform Act is unconstitutional as applied to prevent issue advertising by an organization that exists for advocacy purposes. Morse v. Frederick, considering whether a student may be punished for holding a banner (*Bong Hits 4 Jesus*) at a school event on a public sidewalk outside the school.

CONSTITUTIONAL LAW: Principles and Policies continues to serve as an incomparably clear introduction to both doctrine and policy in its Third Edition. This highly successful student treatise offers distinct advantages: thorough treatment of all areas of constitutional law covered in both beginning and advanced courses direct, unambiguous identification of the issues takes a neutral approach that examines all sides of constitutional law debates presents both the doctrines And The underlying policy issues of the law, unlike many other texts which emphasize one or the other flexible organization allows the chapters to be used in any order For the Third Edition, The author: updates the entire text, with new material introduced throughout pays special attention to developments between editions, particularly in regard to presidential power in the war on terrorism, The many decisions concerning state sovereign immunity, The controversial rulings concerning the takings clause, The important decisions concerning affirmative action by colleges and universities, and significant developments concerning the Establishment Clause (such as the approval of vouchers And The Ten Commandments decisions) covers the most recent and significant cases, among them Hamdi v. Rumsfeld (executive power to detain enemy combatants), Nevada Department of Human Resources v. Hibbs and Tennessee v. Lane (sovereign immunity), Gonzales v. Raich (Congressiquest;s ability to prohibit possession and cultivation of marijuana for medicinal purposes), City of New London, Connecticut v. Kelo (takings clause), Grutter v. Bollinger and Gratz v. Bollinger (equal protection), Lawrence v. Texas (sexual privacy), and Zelman v. Simmons-Harris (vouchers)

To ensure that you have the most up-to-date materials for your constitutional law class, make sure you use Chemerinsky''s 2003 Case Supplement. This expert author brings you the very latest cases and materials through the end of the 2002-2003 Supreme Court term.

Interpreting The Constitution doesn''t fit neatly into the extensive literature on judicial review and constitutional interpretation that reconciles judicial review with democracy defined as majority rule. Indeed, Chemerinsky criticizes this method of interpretation and contends that the Constitution exists to protect political minorities and fundamental rights from majority rule. Chapter by chapter, he keenly defends this unique method of interpretation, challenges the general approach, and offers thorough, expert coverage.