Constitutional Law

What is due process? Dean Chemerinsky helps answer that question.

Professor Amanda Tyler, constitutional law expert and expert on habeas corpus, says today’s fight over government power to detain people without due process could foreshadow a historic constitutional crisis.

“After weeks of wrangling, the House passed the bill last week by the thinnest of margins. The bill’s fate, though, ultimately depends on an obscure Senate rule: the Byrd rule,” writes Professor Jonathan Gould.

“What the Trump administration is doing is a direct assault on the independence of universities and on academic freedom,” writes Dean Erwin Chemerinsky.

Can Trump suspend habeas corpus? Professor Amanda Tyler weighs in.

“Members of the founding generation referred to habeas as ‘essential to freedom,’” says Amanda Tyler, a professor at the University of California, Berkeley, School of Law. As such, she adds, they expected habeas to be suspended “only in the most dramatic of circumstances.”

A new report from UC Berkeley Law looks at how the legal landscape has changed in the past year. KQED housing affordability reporter Vanessa Rancaño spoke with Laura Riley, Assistant Dean of Clinical Education at Berkeley Law, about what she and her students found.

“It’s an attempt to intimidate potential critics,” said Erwin Chemerinsky, dean of UC Berkeley Law.

Amanda Tyler, a constitutional law professor at the University of California, Berkeley, called habeas corpus “one of the single most foundational aspects of American law and the American constitution.”

“The federal courts are a crucial protector of the guardrails of our democracy. Now is not the time to greatly weaken their power to enforce the Constitution,” writes Dean Erwin Chemerinsky.