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March 11, 2008

Erwin Chemerinsky Comments on New Law School at UC Irvine

Professor Chemerinsky was his usual entertaining self last night at the Los Angeles Bankruptcy Forum dinner. 

On the new law school at UC Irvine, he said,

  • It will open in the fall of 2009.  He expects 60 students the first year and expects that to grow to 200 per class. 
  • He is the first and second dean of the school after having been fired once so far.  Some people are calling him "Dean Again."  Someone somewhere recognized him from having his picture in the paper and asked him kindly, "What were you arrested for again?" 
  • He has committed to be dean at Irvine for 10 years.
  • He is hoping to give every student entering in 2009 a full scholarship. 

On the Supreme Court he commented that it is undergoing dramatic downsizing and no one, even the Court itself, is sure why.  He said with Samuel Alito now, it is the most pro-business Court since 1937. 

On the constitutional issues arising from BAPCPA, he talked about

  • the 1st Amendment implications of being a Debt Relief Agency.  It, of course, suggests that attorneys can not say certain things to their clients, even when lawful, i.e., suggesting the debtor incur new debt before filing. 
  • As to the required language in advertising, the code now "compels speech" i.e., the language about being a debt relief agency - this requires a very high standard (I'm not sure of the right word) to be constitutional.
  • As to the regulation of debt relief agencies, if that includes attorneys, it may violate the 10th amendment as impinging on state rights to regulate attorneys.  He commented however that there is already a significant amount of regulation of attorneys by the federal government certainly in the area of District Courts regulating the conduct of attorneys in their particular courts. 
  • He commented that an involuntary individual chapter 11 may be involuntary servitude since the plan would require payments for five years. 

It was a great program.  Chemerinsky said he had just come from a debate at UCLA with Professor John Yoo.  I wish I could have seen that. 

March 11, 2008 in Current Affairs | Permalink


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