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30 Nov 2022, 4:00 am by Christopher J. Walker
I’d also note that another AALS panelist, Anya Bernstein, explores these themes of public participation and deliberation in her contribution to this symposium. [read post]
8 Nov 2022, 4:00 am by Guest Author
  I’m not certain that Shane would disagree with this political conception of administration. [read post]
5 Nov 2022, 7:36 am by David Bernstein
It would require — JUSTICE ALITO: Well, then why do you have them check a box that I'm Asian? [read post]
3 Nov 2022, 7:42 am by David Bernstein
Why – why do you give a student the  opportunity to say this one thing about me, I'm Hispanic, I'm African American, I'm Asian? [read post]
1 Nov 2022, 4:00 am by Guest Author
As Anya Bernstein and I have argued in recent work, authoritarian populism imagines a single leader embodying the will of a unified people with little use for the institutional mediation of divergent views. [read post]
31 Oct 2022, 11:40 pm by Josh Blackman
Justice Alito Justice Alito apparently reviewed David Bernstein's amicus brief, prepared by Cory Liu. [read post]
31 Oct 2022, 2:36 pm by Ilya Somin
I'm not going to spend much time on this possibility, because it is highly unlikely to happen. [read post]
17 Oct 2022, 7:10 am by David Bernstein
But I'm not persuaded that it's at all helpful in showing that states may willy-nilly benefit any ethnic group it chooses at the expense of any other ethnic group, as, for example, University of Texas does in preferring Hispanic applicants (who are deemed "underrepresented") and disfavoring Asian-Americans (who are deemed "overrepresented"). [read post]
15 Oct 2022, 1:11 pm by David Bernstein
(Note: I am not suggesting that Japanese Americans should have been deprived of rights thanks the actions of the nation of Japan; rather, I'm just saying that to the extent these policies were a reaction to anti-Japanese hostility arising out of World War II, if you think of someone as a "Filipina" rather than as an "Asian American," the notion that she would be especially unlikely to defend Japanese American internment becomes much less viable.) [read post]
14 Oct 2022, 8:47 am by David Bernstein
I'm not sure that's right for reasons I expressed in a previous post, but let's assume it is. [read post]
7 Oct 2022, 6:19 am by David Bernstein
" I'm afraid that Chemerinsky's op-ed, however, is itself misleading and inaccurate. [read post]
18 Sep 2022, 1:26 pm by David Bernstein
The post "Classified" On-Line Events Tuesday and Thursday; Bernstein Meets Academic Critics/Skeptics/Allies? [read post]
18 Aug 2022, 10:14 am by Thaddeus Mason Pope, JD, PhD
I’m comfortable when someone is actually dead.'"This position is not only wrong but also irresponsibly wrong. [read post]
8 Aug 2022, 4:00 pm by Mary Chastain
CNBC host to Jared Bernstein: "I’m talking about, if you’re doubling the size of the IRS, then who are they going to go after? [read post]
19 Jul 2022, 4:30 am by David Bernstein
Well, I'm not objective, but here from the left, is liberal University of Texas law professor Sandy Levinson: David Bernstein has written an illuminating, thoughtful, and often troubling book about the history of racial classifications in American law. [read post]
7 Jun 2022, 3:27 am by SHG
On my part, that means muting and blocking bad-faith Twitter antagonists—some of whom, I’m sorry to say, are in academia—and resisting the urge to correct all who are wrong on the internet. [read post]
11 May 2022, 7:19 am by David Bernstein
Some Hispanic subgroups are "underrepresented" relative to population, but I'm not sure that Cubans Americans are; I'm pretty confident that Spanish and Argentine Americans are not, though it's hard to get such data. [read post]