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28 Jun 2015, 7:27 am
Roberts, meanwhile, cites Holmes’s dissent in support of his opinion in Obergefell, and surely a Holmesian should agree with Roberts. [read post]
26 Jun 2015, 9:26 pm by Walter Olson
David Bernstein has a lot to say about the continuity between Obergefell and the pro-individual-rights tradition of jurisprudence overthrown by the New Deal. [read post]
26 Jun 2015, 1:35 pm
BERNSTEIN, REHABILITATING LOCHNER—DEFENDING INDIVIDUAL RIGHTS AGAINST PROGRESSIVE REFORM (2011). [read post]
26 Jun 2015, 10:14 am
(REUTERS/Joshua Roberts) Today’s Supreme Court decision on same-sex marriage is a great result, but based on dubious reasoning. [read post]
25 Jun 2015, 2:16 pm
Now that Chief Justice Roberts has decided that the overall structure, intent, and viability of the Affordable Care Act is more legally salient than its actual language, it’s worth pausing a moment to remember how the law was passed, and why various inconsistencies, ambiguities, internal contradictions, and other problems were not just predictable but inevitable. [read post]
13 May 2015, 4:03 pm by Mary Whisner
The ABA has announced the winners (and honorable mentions) of its 2015 Silver Gavel Awards for Media and the Arts.BooksNell Bernstein, Burning Down the House: The End of Juvenile Prisonavailable in print and online via UW Librariespublisher's descriptionHonorable mention:Laurence Tribe & Joshua Matz, Uncertain Justice: The Roberts Court and the Constitutionavailable in print: Gallagher Classified Stacks and Odegaard Stacks (KF4550 .T789 2014)publisher's… [read post]
4 May 2015, 4:59 pm
Brian Roberts runs the world’s largest media company, Chris Matthews works for him and supports Israel. [read post]
24 Apr 2015, 6:16 am by SHG
At Volokh Conspiracy, David Bernstein asked a good question: Where and when did this “makes me feel unsafe” thing start? [read post]
9 Apr 2015, 4:23 am by Kevin LaCroix
  By way of background, Mark is a partner at the Bernstein, Litowitz, Berger & Grossmann law firm. [read post]
23 Mar 2015, 2:16 am by Kevin LaCroix
In yet another U.S. securities class action lawsuit involving a non-U.S. company and a corruption investigation in the company’s home country, on March 19, 2015 a shareholder of Chemical & Mining Company of Chile, Inc. [read post]
20 Mar 2015, 10:54 am
The winners of the Silver Gavel in each category will be announced on May 13th.BOOKS“Burning Down the House: The End of Juvenile Prison”Nell Bernstein, AuthorThe New Press“The Case Against the Supreme Court” Erwin Chemerinsky, AuthorViking/Penguin Books“Uncertain Justice: The Roberts Court and the Constitution” Laurence Tribe and Joshua Matz, AuthorsHenry Holt and CompanyMAGAZINES“The Murders at the Lake”Michael Hall, Executive… [read post]
11 Mar 2015, 12:29 pm by Lowell Brown
The finalists are listed below along with a link to their work.BOOKS “Burning Down the House: The End of Juvenile Prison” Nell Bernstein, Author The New Press “The Case Against the Supreme Court” Erwin Chemerinsky, Author Viking/Penguin Books “Uncertain Justice: The Roberts Court and the Constitution” Laurence Tribe and Joshua Matz, Authors Henry Holt and Company MAGAZINES

 “The Murders at the Lake” Michael Hall,… [read post]
6 Mar 2015, 8:05 am
At the National Review website, conservative commentator Carl Eric Scott has some interesting thoughts on “The Mainstreaming of Libertarian Constitutionalism,” a recent article I coauthored with David Bernstein. [read post]
4 Feb 2015, 10:21 am by Marie-Andree Weiss
Another image showed Robert Pattinson leaving the Chateau Marmont hotel. [read post]
31 Jan 2015, 2:18 pm by Carter Ruml
” a 2002 Financial Analysts Journal article by Robert Arnott and Peter Bernstein.) [read post]