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22 Aug 2010, 3:14 am
(David Bernstein) As constitutional challenges to the new health care law work their way up the courts, proponents of the the law’s constitutionality will inevitably argue that the Supreme Court should defer to Congress’s understanding of its own constitutional powers, especially when it comes to such significant legislation. [read post]
12 Jul 2011, 8:20 am
David Bernstein and I co-authored an Op-Ed in today’s Newark Star Ledger about Justice Breyer’s jurisprudence and views on individual liberty. [read post]
12 Mar 2011, 7:43 am
., David Bernstein’s post below) as an example of the broken window fallacy.Now I like the story behind the broken window fallacy as much as the next guy. [read post]
3 Sep 2011, 5:18 pm
by Kevin Jon Heller David Bernstein has a pointless “gotcha” post at Volokh Conspiracy today in which he argues that the Palmer Report somehow contradicts my claim that blockade is only permissible in international armed conflict (IAC), whether between states or between a state and an insurgent group recognized as a belligerent. [read post]
3 Jun 2011, 10:06 am
(David Bernstein) Brian Leiter:Another Advantage Aspiring Law Teachers on the Right Have Over OthersIt’s programs like this, which employ ideological criteria for eligibility. [read post]
20 Apr 2012, 7:46 pm
(David Bernstein) It seems that liberal commenters on constitutional law just can’t resist bringing of the issue of child labor, regardless of whether what they’re saying is historically accurate. [read post]
7 Sep 2011, 3:01 pm
(David Bernstein) I foolishly managed to once again entangle myself in a debate with Brian Leiter. [read post]
5 Apr 2012, 12:01 pm
(David Bernstein) From the Attorney General’s letter to the Fifth Circuit: Where a plaintiff properly invokes the jurisdiction of a court and presents a justiciable challenge, there is no dispute that courts properly review the constitutionality of Acts of Congress. 2. [read post]
7 Dec 2011, 12:48 am
(David Bernstein) Well, yesterday was certainly a good day for one of my least favorite American politicians of the twentieth century, Theodore Roosevelt, who combined gross economic ignorance with an almost adolescent jingoism. [read post]
24 May 2010, 6:36 am
(David Bernstein) I want to analyze two positions that I’ve seen liberals take on the role of government in promoting civil rights and antidiscrimination norms. [read post]
14 Mar 2011, 7:58 am
(David Bernstein) With U.S. [read post]
7 Jul 2011, 8:22 pm
(David Bernstein) Hundreds of European pro-Palestinian activists are converging on Israel, creating a security (and potentially a p.r.) headache for Israel. [read post]
4 Jun 2010, 8:46 pm
(David Bernstein) A bunch of eyewitness accounts are collected here. [read post]
15 Jul 2012, 7:12 pm
(David Bernstein) Jeff Rosen not surprisingly praises Chief Justice Roberts’s statesmanship in upholding the Affordable Care Act and protecting the Supreme Court’s reputations and legitimacy from accusations of partisan decisionmaking. [read post]
16 Jan 2011, 8:51 pm
(David Bernstein) In response to Ken’s post below, the idea that the BBC is somehow “objective” compared to American t.v. and radio is laughable. [read post]
6 Sep 2012, 12:54 pm
The following contribution to our Fisher symposium comes from David E. [read post]
8 Sep 2010, 8:06 pm
(Ilya Somin) David Bernstein’s post referencing a commenter who greatly overestimates the extent to which the public pays attention to politics reminds me of an interesting comment on political ignorance from Tony Blair’s recently published memoir: The single hardest thing for a practising politician to understand is that most people, most of the time, don’t give politics a first thought all day long. [read post]
7 Mar 2017, 4:28 pm
In the following guest post, Blair Nicholas and David Kaplan of the Bernstein Litowitz Berger & Grossman law firm advocate that the SEC take an aggressive approach to securities enforcement, and they have a specific proposal to advance that approach. [read post]
6 Jun 2015, 3:22 pm
See David Bernstein, “A regrettable Eleventh Circuit expert testimony ruling, Adams v. [read post]
23 Mar 2012, 7:02 am
(David Bernstein) In the process of trying to figure out exactly what is going on in the Koch-Cato dispute, I was struck by one thing: as near as I could figure out, the Kochs, according to Cato itself, had offered a compromise in which each side would choose eight board members. [read post]
