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27 Jan 2015, 9:05 pm
Burwell: next ObamaCare showdown at Supreme Court [Ilya Shapiro and Josh Blackman, David Bernstein on Cato brief, Adler v. [read post]
3 Jun 2010, 5:30 am
(David Bernstein) Via Avi Bell, here’s a fascinating interview with Itai Epstein, Director of Amnesty International in Israel. [read post]
19 Sep 2011, 5:06 pm
(David Bernstein) This is an interesting piece defending the Obama Administration’s record on Israel.For what it’s worth, I don’t think Obama is “anti-Israel. [read post]
6 Sep 2012, 6:39 pm
(David Bernstein) My contribution to Scotusblog’s symposium on Fisher v. [read post]
28 May 2010, 7:12 pm
(David Bernstein) Ted Bromund has this interesting follow up to the Noah Pollak piece I linked to Wednesday: The problem today is not that the peace process has failed or that this reveals the failure of the liberal vision. [read post]
14 Jul 2011, 6:49 am
(David Bernstein) My co-authored op-ed on Justice Breyer’s jurisprudence has stirred a bit of controversy.The basic point of the op-ed is that, as political scientist Ken Kersch puts it in a great scholarly review of Breyer’s book “Active Liberty”, Breyer’s intellectual roots are less in the sort of modern liberalism that animated the likes of William Brennan, and more “in pre–New Deal, early twentieth century progressivism, an outlook with… [read post]
24 Jun 2011, 4:27 am
(David Bernstein) In Justice Breyer’s dissent in Sorrell v. [read post]
25 Oct 2009, 2:22 pm
At the Volokh blog, David Bernstein has a post about those "touchy Canadians. [read post]
8 Feb 2012, 4:46 am
(David Bernstein) Last week, Eugene blogged about the Ninth Circuit’s opinion in Fair Housing Council v. [read post]
1 Aug 2011, 6:55 pm
(David Bernstein) A prominent constitutional law professor recently suggested to me that I was grossly unfair to Justice Breyer in the following paragraph at the end of Chapter 7 of Rehabilitating Lochner:Nevertheless, and despite the flood of serious revisionist scholarship, Lochner is still primarily used as a symbol of one’s jurisprudential opponents’ perceived faults. [read post]
17 May 2011, 11:06 pm
(David Bernstein) Yesterday I posted about Fairfax County teacher Sean Lanigan, falsely accused of child molestation. [read post]
27 Sep 2010, 5:04 pm
(David Bernstein) I am once again chair of the GMUSL appointments committee, which means I am eligible to vote in the U.S. [read post]
22 Jun 2011, 12:04 pm
(David Bernstein) There’s been a very interesting back and forth between Allison Benedikt, author of a rambling but widely discussed piece on her disillusionment with Israel, and Jeffrey Goldberg of The Atlantic. [read post]
12 Oct 2011, 1:56 pm
(David Bernstein) This book is getting a fair amount of attention, including this scathing review in the New York Times. [read post]
11 Dec 2010, 5:59 am
(David Bernstein) The column, which is receiving a great deal of attention, is about how mainstream Jewish groups are alienating liberal Jews through their intolerance of dissent about Israeli policies. [read post]
10 May 2010, 1:19 pm
(David Bernstein) I agree with Ilya that Elena Kagan is the best nominee we are likely to get from a liberal president and a Senate with an overwhelming Democratic majority. [read post]
14 Mar 2012, 6:22 pm
(David Bernstein) Yesterday, I got a request from the Harvard Law Review to undertake an anonymous “peer review” of an article HLR is considering for publication. [read post]
12 Jul 2011, 8:42 am
(David Bernstein) My former student Josh Blackman and I published an op-ed in the Newark Star-Ledger today. [read post]
12 Aug 2012, 4:37 pm
(David Bernstein) I often read in right-of-center sources about how despite the huge increase in real terms in U.S. spending on public schooling since the early 1980s, test scores haven’t gotten any better. [read post]
31 Mar 2012, 9:19 pm
(David Bernstein) The discussion of why liberal and even some conservative (see this hissy fit by Charles Fried) academics were unable to see the plausibility of the constitutional challenge to the individual mandate reminds me of an anecdote from my law school days. [read post]
