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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]
30 Jun 2012, 10:32 am
(David Bernstein) When Roberts was nominated to the Supreme Court, one especially remarkable biographical detail came to light: every one of his friends interviewed by the media, conservative, liberal, and otherwise, swore they had never heard him express any opinion in private conservation on any controversial Supreme Court cases. [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]
5 Feb 2011, 5:21 am
(David Bernstein) A while back, I linked to an interview with Noam Chomsky. [read post]
6 Dec 2011, 6:35 am
(David Bernstein) While Democrats are sure to fall all over themselves portraying Newt Gingrich as a laissez-faire extremist, there is little if anything in the actual public record to support that portrayal. [read post]
17 Mar 2011, 12:40 pm
(David Bernstein) Almost two decades ago, MIT Press published a book I co-edited called Phantom Risk: Scientific Inference and the Law. [read post]
13 Oct 2010, 7:02 pm
(David Bernstein) to endorse what we would now call a “substantive” interpretation of the Due Process Clause was not, as is commonly held, Dred Scott v. [read post]
15 Jul 2012, 8:09 am
(David Bernstein) An interesting piece. [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]
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]
17 Jun 2010, 10:50 am
(David Bernstein) In today’s Stop the Beach opinion, Justice Scalia (joined by the other three conservatives) criticizes Justice Kennedy for arguing that what Scalia consider “judicial takings” should instead be handled as violation of the Due Process Clause: The second problem is that we have held for many years (logically or not) that the “liberties” protected by Substantive Due Process do not include economic liberties. [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]
30 Jul 2013, 1:49 pm
(David Bernstein) McCarthy:It is entirely understandable that libertarian-minded conservatives should distrust the Obama administration and resist endowing it with unnecessary additional powers. [read post]
6 Feb 2011, 8:45 pm
(David Bernstein) I like and respect Yale Law professor Akhil Amar, but his op-ed on the decision invalidating the Obamacare individual mandate is not exactly his best work. [read post]
4 Mar 2011, 4:59 am
(David Bernstein) The ongoing twenty minutes of hate against the billionaire libertarian Koch brothers for being, well, billionaire libertarians is yet another nail in the already well-sealed coffin of “liberaltarianism”–the attempt of some libertarians to ally with the progressive left.The underlying premise of liberaltarianism was that libertarians could emphasize their policy positions that appeal to liberals but not conservatives–drug legalization,… [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]
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]
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]
26 Jul 2010, 6:51 am
(David Bernstein) Even before Mel Gibson made his infamous anti-Semitic remarks, Gibson became a very unpopular and disliked figure in Hollywood due to the controversy over The Passion of the Christ and his remarks that skirted close to Holocaust denial. [read post]
31 Oct 2022, 5:51 am
David Bernstein argues they're irrational. [read post]
