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14 Feb 2024, 6:00 am
We have assembled a terrific group of commentators, including David Bernstein (George Mason), Stephen Breyer (SCOTUS/Harvard), James Fleming (BU), Ariela Gross (UCLA), William Forbath (Texas), Laura Kalman (UCSB), Jill Lepore (Harvard), Lisa McGirr (Harvard), William Novak (Michigan), Edward Purcell (New York Law School), Jeffrey Rosen (G.W. [read post]
15 Sep 2011, 6:09 pm
(David Bernstein) This is well outside of my area of expertise, but... [read post]
26 Jul 2010, 8:43 pm
(David Bernstein) A message from Stone, via his p.r. agency: In trying to make a broader historical point about the range of atrocities the Germans committed against many people, I made a clumsy association about the Holocaust, for which I am sorry and I regret. [read post]
12 Aug 2010, 5:13 pm
(David Bernstein) but it’s really something to see various anti-Semitic blogs (I’m not going to link to them) trumpeting the fact that a Jewish alleged serial killer from Israel was caught today–even after the accused was revealed to have the obviously Arabic name Abu Elazam (sometimes rendered Abuelazam). [read post]
12 Nov 2011, 8:10 pm
In a typically hyperbolic post, David Bernstein defends the laws today at Volokh Conspiracy. [read post]
31 Aug 2008, 7:09 am
With so many thoughtful conspirators over at Volokh, it's a shame that David Bernstein chose to take the low road. [read post]
10 Feb 2012, 10:43 am
(Ilya Somin) In a recent post, co-blogger David Bernstein partially rejects my argument that a ban on same-sex marriage qualifies as sex discrimination. [read post]
26 Jun 2010, 10:56 am
Puffery & Parody David H. [read post]
27 Jun 2008, 1:41 pm
David Bernstein notes his agreement, in a Volokh Conspiracy post entitled "The Scholarly Nature of Heller," with Jim Lindgren that "the opinions in Heller are very scholarly, especially with reference to historical sources. [read post]
5 Sep 2011, 7:26 pm
(David Bernstein) For those of you who still take Juan Cole’s views on Israel seriously, a reminder:“There are two possible reasons for the violence. [read post]
1 Apr 2012, 10:49 pm
(David Bernstein) My friend and sometimes intellectual sparring partner, Andrew Koppelman, writes: The obsessive worry about an overbearing federal government suggests another historical parallel. [read post]
4 Jan 2023, 9:30 pm
Bernstein. [read post]
7 Apr 2008, 1:25 pm
Last year, we reported on Bernstein v. [read post]
4 Oct 2011, 7:55 am
(David Bernstein) Prompted by the controversy over Mearsheimer and Atzmon, Bob from Brockley has a good post on anti-Semitism, including this discussion of non-anti-Semitic anti-Zionism, with my added emphases:Anti-Zionism that also takes a consistent opposition to all nationalisms (including Palestinian nationalism) is not antisemitic; Jewish religious anti-Zionism such as that of the Satmer Hasidim is not antisemitic; Jewish anti-Zionism which rejects the Zionist solution to the… [read post]
21 Jun 2010, 7:47 am
(David Bernstein) Sheldon Richman responds to my Cato Unbound essay here, criticizing my position as being insufficiently libertarian, although he otherwise shares many of my underlying premises. [read post]
30 Mar 2012, 6:50 am
(David Bernstein) Following up on Jonathan’s post below, I’m not terribly worried about warnings from the left that a ruling against the ACA will undermine the Court’s legitimacy. [read post]
14 May 2010, 7:28 am
(David Bernstein) I’ll join Orin in some speculation. [read post]
13 Jun 2012, 6:02 am
(David Bernstein) A new study of the American Jewish population in the New York metro area contains this stunning statistic: sixty-one percent of all Jewish children in the area live in Orthodox households. [read post]
23 Mar 2011, 4:48 pm
(David Bernstein) Attorney Ryan Williams recently published an article in the Yale Law Journal called “The One and Only Substantive Due Process Clause. [read post]
8 Sep 2011, 2:22 pm
(David Bernstein) I’ve been perusing the blogs to see how folks are reacting to Will’s column on Rehabilitating Lochner, which I blogged about yesterday.Many liberal commentators and blog commenters are taking the position that Will’s defense of Lochner is obtuse because restoring liberty of contract would take the U.S. back to the labor conditions of a century ago, and allow employers to exploit employees. [read post]
