Highest Rated Comments


erwinchemerinsky550 karma

I would overrule San Antonio Board of Education v. Rodriguez (1973) and hold that education is a fundamental right and that discrimination against the poor should receive heightened scrutiny. I would add an explicit right of privacy and autonomy to the Constitution.

erwinchemerinsky304 karma

To follow up on an earlier answer, I would eliminate the Electoral College. I would add an Equal Rights Amendment. I would add much more explicit protection for privacy.

erwinchemerinsky230 karma

I also find this very disturbing. Brady v. Maryland (1963) held that prosecutors must disclose potentially exculpatory evidence. A plea deal should not eliminate this right. Sometimes innocent people plead guilty. The exculpatory evidence could be a basis for challenging the plea bargain.

erwinchemerinsky182 karma

Yes, the FBI can investigate the matter and collect information. It is impossible to know what it might learn. Interestingly, in 1991, when Anita Hill alleged sexual harassment by Clarence Thomas, Republicans urged an FBI investigation.

erwinchemerinsky178 karma

California has the second most restrictive "cut score" of any state in the country. I favor lowering it. If the cut score is lowered a reasonable amount, it will mean that people who pass the bar on the second try will make it on the first. That won't really affect the legal market, but it will improve a lot of people's lives.