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15 Nov 2015, 4:10 pm
Recently, the Justice Department announced it would not be indicting anyone for their role in the most serious domestic political scandal since the Nixon years. [read post]
15 Nov 2015, 12:34 pm
As co-blogger David Bernstein points out, the recent horrifying terrorist attack against France gives the Obama administration an opportunity to legalize its previously unconstitutional war against ISIS. [read post]
15 Nov 2015, 11:26 am
For reasons Ilya explained here, U.S. military action against Islamic State is currently illegal; it violates the Constitution, the War Powers Act, and can’t reasonably be justified as covered by Congress’ 2001 authorization of the use of military force against Al Qaeda and its enablers. [read post]
9 Nov 2015, 5:16 am
I have posted my review Hamburger’s book for the Law and History Review. [read post]
9 Nov 2015, 12:45 am
Washington Post — The Volokh Conspiracy: Obama Administration Lawlessness: The Top Five, by David Bernstein (George Mason): The most frequent question I get about my book Lawless: The Obama Administration’s Unprecedented Assault on the Constitution and the Rule of Law is what I think are the administration’s most egregiously lawless... [read post]
5 Nov 2015, 7:16 am
Here’s a taste of the latter: Here [Bernstein] has undertaken a large but important task, and we should be grateful that he has performed it so thoroughly. [read post]
2 Nov 2015, 7:26 am
President Obama in August. [read post]
26 Oct 2015, 5:24 am
That’s my alternative title for an opinion piece published by The Post on Friday, which the sidebar told me was the “most read” opinion piece of the day. [read post]
22 Oct 2015, 2:20 pm
Speaking at a conference, Israeli Prime Minister Benjamin Netanyahu made a false statement: This attack and other attacks on the Jewish community in 1920, 1921, 1929, were instigated by a call of the Mufti of Jerusalem Haj Amin al-Husseini, who was later sought for war crimes in the Nuremberg trials because he had a central role in fomenting the final solution. [read post]
17 Oct 2015, 5:29 am
David E. [read post]
12 Oct 2015, 9:08 am
That’s the title of a paper I just published with George Mason University’s Mercatus Center. [read post]
12 Oct 2015, 6:32 am
Regular readers of this blog know that I’ve written a series of blog posts and a couple of law review articles decrying the way many federal courts, including and especially the courts of appeals, have ignored the language of amended Federal Rule of Evidence 702, the primary rule governing the admissibility of expert testimony. [read post]
11 Oct 2015, 11:43 pm
Professor David Bernstein (George Mason) and Eric Lasker (Hollingsworth) have posted to SSRN their article, Defending Daubert: It's Time to Amend Federal Rule of Evidence 702, 57 Wm. [read post]
9 Oct 2015, 5:17 am
Bernstein’s Wall Street Journal article was published. [read post]
7 Oct 2015, 3:08 pm
My book, “Lawless: The Obama Administration’s Unprecedented Assault on the Constitution and the Rule of Law,” is due out on Nov. 17 from Encounter books. [read post]
29 Sep 2015, 6:13 am
In August 2014, I wrote a post, “Two reasons the ‘I can’t be a Zionist because I’m a liberal’ meme is false,” that received a fair amount of attention. [read post]
27 Sep 2015, 9:04 am
Economist Ray Fisman and law professor Daniel Markovits have published a piece in Slate alleging that the appeal of candidates like Donald Trump and Bernard Sanders can be attributed to a class divide in American political attitudes: “The rich place a much lower value on equality than the rest. [read post]
14 Sep 2015, 2:46 am
[The below relies on David E. [read post]
10 Sep 2015, 8:11 am
Harold Meyerson’s Washington Post column on the American Jewish establishment and American Jews that appeared online yesterday takes a molehill of truth and makes it into a mountain of exaggeration. [read post]
9 Sep 2015, 4:03 pm
Jason Zengerle, writing in New York Magazine, argues: On issue after issue — from military aid to settlement policy — the GOP now offers Israel unconditional and unquestioning support. [read post]