Erwin Chemerinsky

Pregnancy, Poverty, and the State

In this Review of Khiara Bridges’s book, The Poverty of Privacy Rights, Michele Goodwin and Erwin Chemerinsky argue that state legislatures, as well as the federal government and courts, express moral disregard and even outright contempt for poor women in multitudinous ways that include, but extend beyond, Bridges’s analysis.

Lessons from Gideon

122 Yale L.J. 2676 (2013). Why has the promise of Gideon gone largely unfulfilled and what can be learned from this? Gideon was an unfunded mandate to state governments, requiring them to provide the money to ensure competent counsel for all criminal defendants facing possible prison sentences. Gideon failed to provide any enforcement mechanism to ensure adequate funding and no...

A Progressive Visionary: Stephen Reinhardt and the First Amendment

120 Yale L.J. 515 (2010). 

Making Confirmation Hearings Meaningful