The Yale Law Journal

Erwin Chemerinsky


Pregnancy, Poverty, and the State

Michele Goodwin & Erwin Chemerinsky

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 …


Lessons from Gideon

Erwin Chemerinsky

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. Gideo…


A Progressive Visionary: Stephen Reinhardt and the First Amendment

Erwin Chemerinsky

120 Yale L.J. 515 (2010). 


Making Confirmation Hearings Meaningful

Erwin Chemerinsky

The hearings concerning the nomination of Judge Samuel Alito to the Supreme Court obviously are of enormous importance. Most significantly, Justice Sandra Day O’Connor was the decisive fifth vote in countless important areas, such as abortion, affirmative action, campaign finance, death penalty, f…