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23 Mar 2012, 6:38 am
(David Bernstein) As I’ve argued several times before, the Supreme Court’s conservative majority will not uphold the individual mandate if the mandate’s defenders are unable to come up with a limiting principle that will prevent a decision upholding the law from eviscerating any remaining limits on Congress’s power to regulate interstate commerce. [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]
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]
23 May 2012, 4:51 am
(David Bernstein) Consider each of the following arguments in its historical context: (1) It’s the 1930s. [read post]
27 Feb 2011, 8:29 pm
(David Bernstein) Last May, I began a post this way:Peter Beinart has written a scathing indictment of organized American Jewry’s “conservative” views on Israel. [read post]
14 Oct 2010, 9:38 am
(David Bernstein) The new Princeton Review rankings state that George Mason has the “most conservative students” “based on student assessment of the political bent of the student body at large”. [read post]
26 Apr 2010, 5:11 pm
(David Bernstein) I signed up with the 23andme DNA service, just for fun, and discovered that my paternal DNA Haplogroup is G2c. [read post]
29 Oct 2011, 5:53 pm
(David Bernstein) Here’s an interesting article by Stanislaw Krajewski, who asserts ten theses:1. [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]
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]
30 May 2011, 6:38 pm
(David Bernstein) I’m not going to discuss the moral, legal, or diplomatic implications of this move. [read post]
11 Dec 2011, 9:34 am
(David Bernstein) It’s fascinating to witness the extent to which strong support for Israel has become a litmus test for conservative voters. [read post]
5 Dec 2010, 6:30 pm
(David Bernstein) Lithwick: Traditionally (and what is conservatism if not respect for tradition?) [read post]
25 Jun 2010, 10:47 am
PLI Hot Topics in Advertising Law 2010 Provisional Remedies: TROs & Preliminary Injunctions in Advertising Cases David H. [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]
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]
5 Jan 2014, 9:30 pm
Bernstein, Charles A. [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]
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]
