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8 May 2020, 3:47 am
Rev. 1 (2015); David E. [read post]
7 May 2020, 9:30 pm
David E Bernstein, George Mason University Antonin Scalia Law School, has posted Class Legislation, Fundamental Rights, and the Origins of Lochner and Liberty of Contract, which appears in the George Mason Law Review 26 (2019): 1923-1047:While legal scholars and historians have criticized many judicial doctrines from the pre-New Deal period, critics have been especially scathing in their attacks on the “liberty of contract” doctrine enforced most famously in Lochner v. [read post]
5 May 2020, 5:20 am
[My article explores how the standard racial category boxes that we are asked to check came to be, and what proof the government requires of belonging to a minority group.] [read post]
[David Bernstein] What Motivated the Supreme Court's pre-New Deal Liberty of Contract Jurisprudence?
4 May 2020, 1:17 pm
[I have a new article reviewing the latest developments in the debate among legal historians.] [read post]
22 Apr 2020, 7:22 am
[My law school is. [read post]
18 Apr 2020, 10:09 am
., fights when the students come to school)—a matter on which lower courts are unsettled—David Bernstein (InstaPundit) points out that "the schools are closed for the academic year due to Covid-19, and the students are high school seniors. [read post]
17 Apr 2020, 5:55 am
Posted by , on Friday, April 17, 2020 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of April 10–16, 2020 Protecting Investors in a Time of Crisis: A Response to Those Who Would Utilize COVID-19 to Eviscerate Investor Protection Posted by Mark Lebovitch, Jeroen van Kwawegen, and Greg Varallo, Bernstein Litowitz Berger & Grossmann LLP, on Friday, April 10, 2020 Tags: COVID-19, Derivative… [read post]
10 Apr 2020, 5:43 pm
[A National Academy of Sciences report suggests not, but that report gets some basic facts wrong] One of the great unknowns regarding Covid-19 is whether, like many other viruses, it will have strong seasonality and its spread will slow dramatically in the Summer. [read post]
7 Apr 2020, 6:02 pm
[Basic statistics once again eludes mainstream journalism] Given the contact many grocery store workers have with the public, they would seem to be potentially at special risk from Covid-19. [read post]
3 Apr 2020, 4:22 am
Kushner, Bernstein told me, “really sees himself as a disrupter. [read post]
31 Mar 2020, 9:53 am
[The strange career of a fanciful projection] You have probably seen the headlines. [read post]
26 Mar 2020, 3:41 pm
[How much risk of loss of life people are willing to accept likely depends on how one asks the question] When I was in law school, my Torts professor was Dean (now Judge) Guido Calabresi, affectionately known to everyone as Guido. [read post]
20 Mar 2020, 10:16 am
The focus of public discussion has been on lowering mortality (and to a lesser extent morbidity) rates, and a lot less attention has been focused on the countervailing costs of drastic containment measures. [read post]
9 Mar 2020, 2:19 pm
You almost got me, Bernstein. [read post]
6 Mar 2020, 10:32 am
The Liberty and Law Center at the Antonin Scalia Law School is looking for a Free Speech Clinic Fellow to run its Free Speech Clinic for law students, which was launched in Fall of 2018. [read post]
3 Mar 2020, 6:00 am
[I cast my first vote in a Democratic primary today] Part of Bernie Sanders' pitch is that by motivated voters to turn out, he can beat Trump. [read post]
2 Mar 2020, 9:38 pm
Back in October 2018, Rep. [read post]
28 Feb 2020, 3:00 am
Once Cold War Heroes, ‘Miracle on Ice’ Team Struggles with Backlash from Donning ‘Keep America Great’ Hats at Trump Rally MSN – David Nakamura (Washington Post) | Published: 2/25/2020 Mike Eruzione and his teammates from the 1980 U.S. [read post]
7 Feb 2020, 6:00 am
Securities and Exchange Commission, on Sunday, February 2, 2020 Tags: Proxy advisors, Proxy voting, SEC, SEC rulemaking, Securities regulation, Shareholder proposals, Shareholder voting 2020 Compensation Committee Handbook Posted by Kristin Davis and Michael Bergmann, Skadden, Arps, Slate, Meagher & Flom LLP, on Monday, February 3, 2020 Tags: #MeToo, Accounting, Compensation committees, Director… [read post]
7 Feb 2020, 5:53 am
[And by extension, the American Jewish community] Imagine if, at a Q & A with Donald Trump, someone got up and said, "As an American Jew I am terrified at the unholy alliance the ADL is forming with racist black activists, open borders extremists, Socialists and Communists, and no Republican should legitimize that type of anti-American globalist bigotry, and I'm wondering whether you will commit to boycotting it? [read post]
