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2 Jan 2020, 11:55 am
") As David Bernstein has pointed out, the problem here partly stems from the view that public comments by students, professors, and others can violate antidiscrimination law if they create a "hostile educational environment" based on race, religion, sex, sexual orientation, gender identity, national origin, and the like. [read post]
2 Jan 2020, 4:00 am
I’d like to introduce Sean Bernstein. [read post]
16 Dec 2019, 4:00 am
On October 25 & 26, Windsor Law proudly hosted the 2019 conference of the Canadian Association for Legal Ethics. [read post]
16 Dec 2019, 3:06 am
Claiborne Hardware [Eugene Volokh first and second posts on Arkansas challenge, David Bernstein first and second posts] My own views on anti-Israel-boycott and anti-BDS laws here, and related; Officials in Lafayette County, Wisconsin quickly back off “completely bananas” suggestion of prosecuting news outlets that report “selectively” on water quality test results [Bruce Vielmetti, Milwaukee Journal-Sentinel, Patrick Marley update] Some IP claims are… [read post]
15 Dec 2019, 9:05 pm
David Bernstein argues for skepticism about administrative constitutionalism out of concern that agencies will push constitutional concerns that accord with their missions at the expense of other constitutional rights. [read post]
13 Dec 2019, 2:17 pm
[This is really getting ridiculous, and I'd be embarrassed for the Times if I thought its editors were capable of being embarrassed these days] The Times has a piece today suggesting the order has "divided" the Jewish community, even though all mainstream groups, including liberal groups like the ADL, support it. [read post]
12 Dec 2019, 11:34 am
As for measured substantive criticism, David Schraub in The Atlantic provides a useful and thoughtful summary of criticism from the left. [read post]
11 Dec 2019, 5:00 pm
[Once can be an honest mistake; now it looks intentional] The Times caused a freakout yesterday when it both misleadingly reported that the Trump administration was poised to issue an executive order "redefining Judaism as a nationality," and failed to provide any context, including the fact that both the Bush II and Obama administrations had used the same reasoning as the Trump executive order, to wit: Jews are covered by Title VI's prohibition on race and national-origin… [read post]
11 Dec 2019, 1:00 pm
[No, the order does not "interpret Judaism as a nationality"] Lots of my friends on social media were up in arms over a New York Times report last night that stated that the Trump administration was poised to sign an executive order that would "interpret Judaism as a nationality. [read post]
11 Dec 2019, 10:09 am
Credit: My coblogger David Bernstein first alerted me to this, by blogging about an earlier survey on the subject in 2014. [read post]
11 Dec 2019, 5:26 am
[An extraordinary letter from Amnesty Canada suggests that public universities shouldn't allow pro-Israel events to proceed] On November 20, a pro-Israel group at York University hosted an event entitled "Reservists on Duty: Hear from former Israeli Defence Force soldiers. [read post]
11 Dec 2019, 3:04 am
” [Jessica Silver-Greenberg, Emily Steel, Jacob Bernstein and David Enrich, New York Times] “How Cloudflare Stood up to a Patent Troll – and Won” [Alex Krivit, CloudFlare] “By enacting government licensing of online speech, the Ending Support for Internet Censorship Act would risk increasing censorship instead of preventing it. [read post]
4 Dec 2019, 6:51 am
Just for fun, I do an anonymous internet survey of my Constitutional Law I class every year. [read post]
2 Dec 2019, 8:47 am
I posted this job opportunity a while ago, but we have had to reopen the search. [read post]
2 Dec 2019, 7:45 am
Among my favorite books by VC authors are Randy Barnett's Restoring the Lost Constitution, David Bernstein's Rehabilitating Lochner, Dale Carpenter, Flagrant Conduct: The Story of Lawrence v. [read post]
19 Nov 2019, 8:45 am
[No, said a New York court] In Major Concrete Constr., Inc. v. [read post]
15 Nov 2019, 6:17 am
Securities and Exchange Commission, on Friday, November 8, 2019 Tags: Audits, Compliance and disclosure interpretation, Cryptocurrency, ICOs, SEC, SEC enforcement, SEC rulemaking, Securities enforcement, Securities regulation, Small firms, Transfer agents Company Hedging Policies: Observations from New Proxy Disclosures Posted by David Gordon, Dina Bernstein, and Andrew R. [read post]
11 Nov 2019, 7:19 am
[No, said a New York court] Lagrua v. [read post]
9 Nov 2019, 8:09 am
Posted by David Gordon, Dina Bernstein, and Andrew R. [read post]
7 Nov 2019, 7:41 am
[No, the Small Business Administration has found] The Small Business Administration has programs that favor "socially disadvantaged" business owners. [read post]
