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16 Jun 2010, 6:06 am
(David Bernstein) Stumbled across this at goodreads.com. [read post]
14 Mar 2012, 5:43 pm
(David Bernstein) Readers will recall the controversy over the University of Chicago’s John Mearsheimer’s endorsement of a recent anti-Semitic book, The Wandering Who, by notorious anti-Semitic provocateur Gilad Atzmon. [read post]
30 Jun 2010, 10:46 am
(David Bernstein) Via TaxProf, I learn that the ABA Section of Legal Education & Admission to the Bar seeks comments on proposed changes to the law school accreditation standards. [read post]
9 Jun 2010, 2:26 pm
(David Bernstein) N.Y. [read post]
1 Sep 2010, 5:56 am
(David Bernstein) From “Blue,” commenting on Jane Mayer’s New Yorker hit piece on the Koch brothers: From Mayer: “The Kochs continued to disperse their money, creating slippery organizations with generic-sounding names, and this made it difficult to ascertain the extent of their influence in Washington. [read post]
24 Mar 2012, 4:40 pm
(David Bernstein) I was trying to think of a good example to illustrate the Federal government’s lack of a general police power as opposed to the states’ inherent police power, with an example that doesn’t implicate serious “substantive due process” concerns. [read post]
20 Jan 2011, 8:19 pm
(Ilya Somin) As co-blogger David Bernstein notes, Fisher v. [read post]
27 Mar 2012, 5:38 pm
(David Bernstein) Sorry to keep reiterating this point, but I’ve contended since December 2010 that if the pro-ACA side is unable to articulate a limiting principle that would prevent their decision from giving the federal government an essentially plenary police power to regulate virtually all human activity and inactivity, the individual mandate is doomed. [read post]
7 May 2011, 9:10 am
(David Bernstein) The nonsense spewing from the various usual suspects–the European left, left-wing NGOs, leftist international law experts [update: here’s an excellent example from an Israeli commentator]–regarding the takedown of Osama bin Laden by U.S. forces should provide an important lesson for advocates of Israel.The hostility emanating to Israel emanating from these sources is not, primarily, a result of anti-Semitism or other Jewcentric mental maladies. [read post]
26 May 2010, 5:51 am
(David Bernstein) The percentage of blacks marrying whites has risen by 3 times since 1980. [read post]
19 Feb 2012, 4:54 pm
(David Bernstein) According to this article, the Netanyahu government is willing to cede 90% of the West Bank to the Palestinians. [read post]
29 Sep 2011, 12:54 pm
(David Bernstein) A few days ago, I sent John Mearsheimer an email with my post inviting him to use the Volokh Conspiracy to defend some specific (and obviously anti-Semitic) quotations from Gilad Atzmon, given Mearsheimer’s insistence that Atzmon is not anti-Semitic. [read post]
15 Apr 2010, 9:23 pm
(David Bernstein) Yesterday, I wondered whether the Obama Administration has pondered whether the Palestinians are at this point willing to accept a state based on the formula that “everyone knows” is the solution to the Israeli-Palestinian conflict: A Palestinian state in all of Gaza, and 90%+ of the West Bank, plus land swaps to make up for West Bank land that would be incorporated into Israel, with the Palestinians giving up the right of return. [read post]
17 Jul 2011, 8:47 pm
(David Bernstein) Let’s say I wrote a book that had the following thesis: (a) Governments tend to favor those with political power; (b) before World War II, Jews in Poland had little political power; and (c) therefore, various labor regulations enacted in Poland between 1920 and 1938, tended at best not to take the interests of Jews into account, and at worst was intentionally aimed at excluding them from the workforce. [read post]
31 May 2010, 6:00 am
(David Bernstein) Reading the news this morning, I got a big dose of he said/she said, with Israeli spokesmen claiming that its naval personnel were attacked with clubs and knives, perhaps even live fire, from one of the “peace activist” boats, and spokesmen for the blockade runners claiming, for example to the New York Times, that they would never, ever, engage in any violence. [read post]
17 Jun 2010, 11:09 am
(David Bernstein) In his Stop the Beach opinion, Justice Scalia writes, “The first problem with using Substantive Due Process to do the work of the Takings Clause is that we have held it cannot be done. [read post]
10 Jul 2010, 8:25 am
(David Bernstein) A few days back, Instapundit linked to this scathing and reasonably entertaining attack on Glenn Greenwald by Benjamin Kerstein. [read post]
22 May 2010, 12:16 pm
(David Bernstein) One thing that’s been especially appalling about the Rand Paul controversy is how quick many liberal commentators (including people who frequent the comments section on this blog), have been to accuse not just Paul of racism, but also anyone who takes the libertarian position on antidiscrimination laws, i.e.., that the government itself may not discriminate, but the government should tolerate private discrimination. [read post]
17 May 2011, 9:41 am
(David Bernstein) A Fairfax County gym teacher was falsely accused of molesting a twelve-year old student who had a vendetta against him, and was prosecuted based on the flimsiest of evidence (basically, the word of the student who held a grudge, and her friend, with contrary eyewitness and physical evidence). [read post]
4 Apr 2012, 2:43 pm
(David Bernstein) All the talk from the left about how absurd it would be for the Supreme Court to invalidate the ACA on commerce clause grounds has made me think about ridiculous Supreme Court reasoning. [read post]