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2 May 2012, 5:40 am
(David Bernstein) Orin quotes Leiter as follows, in suggesting that Elizabeth Warren would not have listed herself as a Native American to benefit from affirmative action: “For affirmative action purposes, all law schools care about are African-Americans and Latinos. [read post]
4 Sep 2012, 2:00 pm
(David Bernstein) Dale’s post below on Robert Delahunty’s claim that the end of slavery came at the cost of slaveholders’ freedom, and that likewise legally recognized same-sex marriage would come at the expense of the freedom of those who want to live in a society without such things, reminds me of the great Progressive legal and economic thinker, Robert Hale. [read post]
13 Dec 2010, 9:51 am
(David Bernstein) Orin writes, We can all agree that there are two different questions: (1) How courts actually have interpreted a provision of the Constitution (and thus how a good lower-court judge would apply it) and (2) How courts should have interpreted that provision based on whatever theory of constitutional interpretation a person adopts. [read post]
18 Sep 2011, 9:10 am
(David Bernstein) I’ve noted before that many federal courts simply ignore the text of Federal Rule of Evidence 702 in favor of their own formulations, sometimes relying on cases that were decided before Rule 702 was amended in 2000, and that conflict with the amended rule. [read post]
17 Nov 2010, 9:54 am
(David Bernstein) Congressman Eric Cantor, soon to be the highest-ranking Jewish Congressman in history, recently met with Israeli P.M. [read post]
25 Aug 2011, 1:23 pm
(David Bernstein) I’m chairing GMUSL’s faculty appointments committee this year, and, barring unexpected budgetary vagaries, we do have some entry-level positions open. [read post]
1 Jan 2012, 6:18 am
(David Bernstein) As long-time readers know, I’m not a fan of Glenn Greenwald, but his broad attack (below) on placing partisanship above all other concerns during campaign season–motivated by his desire to praise Ron Paul on various issues on which he thinks Obama has been terrible, including some issues on which Greenwald and I agree, such as the War on Drugs and certain abuses of Executive authority–deserves repeating: Then there’s the full-scale… [read post]
19 Sep 2010, 8:21 am
(David Bernstein) Seattle Weekly, via Althouse: [O]n the insistence of top security specialists at the FBI, she is... moving, changing her name, and essentially wiping away her identity... in effect, being put into a witness-protection program—except, as she notes, without the government picking up the tab. [read post]
11 May 2011, 5:52 am
(David Bernstein) The individual mandate challenge in the Fourth Circuit drew three judges appointed by Democrats, two by President Obama. [read post]
5 Sep 2012, 12:00 pm
(David Bernstein) Posner: “I was an advocate of the deregulation movement and I made — along with a lot of other smart people — a fundamental mistake, which is that deregulation works fine in industries which do not pervade the economy,” he said in the appearance on Spitzer’s viewpoint. [read post]
31 Mar 2008, 1:25 pm
Most of the teaching is done by four American lawyers - Don Bernstein, Richard Broude, Dan Glosband, and Lewis Kruger. [read post]
15 Sep 2010, 6:13 pm
(David Bernstein) As I’ve noted on this blog before, and despite the occasional contrary protestation, there is no doubt that conservatives and libertarians face discrimination when seeking academic jobs. [read post]
14 Jan 2022, 6:47 am
" From "The American Bar Association's Problematic Proposed 'Diversity, Equity, and Inclusion' Rules for Law Schools" by David Bernstein (The Volokh Conspiracy). [read post]
5 Jan 2014, 9:30 pm
Bernstein, Charles A. [read post]
25 Feb 2015, 6:57 am
Here is your all-star panel: Moderator• Sherrie Schiavetti, Kelley Drye Panelists• David Bernstein, Debevoise & Plimpton LLP• Roger Colaizzi, Venable LLP• Rebecca Tushnet, Georgetown University Please register at the link below – it’s free for ABA Antitrust Section Members! [read post]
5 Mar 2015, 12:28 pm
Here is your all-star panel: Moderator• Sherrie Schiavetti, Kelley Drye Panelists• David Bernstein, Debevoise & Plimpton LLP• Roger Colaizzi, Venable LLP• Rebecca Tushnet, Georgetown University èPlease register at link below – it’s free for ABA Antitrust Section Members! [read post]
15 Jun 2022, 9:30 pm
Since 2005, I have assigned 85 books by 79 authors, with Sandy Levinson, Gerard Magliocca, Eric Segall, Dan Farber, Philip Hamburger, and David Bernstein each making 2 appearances. [read post]
15 May 2007, 12:49 pm
This time the plaintiff is David Grisman, a mandolin player who once performed with the Grateful Dead. [read post]
13 Aug 2012, 9:06 pm
(David Bernstein) I’ve sang the praises of Verizon, especially relative to Comcast, but now I’m peeved. [read post]
14 Sep 2018, 8:02 am
" [Bernstein: actually, MacLean never mentions that Buchanan favored confiscatory estate taxes, assumedly because it would undermine both her claim that he was the svengali of the libertarian movement, and that he favored oligarchy.] [read post]
