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27 Aug 2015, 8:17 am
According to recent Pew Foundation data, Orthodox (strictly observant of Jewish law) Jews are only 10 percent of the American Jewish population, with the latter population defined somewhat broadly. [read post]
25 Aug 2015, 5:31 am
Regular readers may recall that Connecticut College philosophy professor Andrew Pessin was the target of what amounted to a hoax accusing him of expressing racist sentiments against Palestinians. [read post]
13 Aug 2015, 9:05 pm
Of course this exists [LivestockAccident.com] Eleventh Circuit: no, court can’t rely on professional association’s guidelines to exclude expert witness under Daubert [David Bernstein on Adams v. [read post]
2 Aug 2015, 7:30 am
By Newman FerraraLLP.Last Updated: July 31, 2015 - Rank this Week: 8 http://www.nyrealestatelawblog.com/The Volokh Conspiracy [Feed] By Eugene Volokh, Dale Carpenter, David Kopel, David Bernstein, David Post, Erik Jaffe, Ilya Somin, Jim Lindgren, Jonathan Adler, Kevan Choset, Orin Kerr, Randy Barnett, Russell Korobkin, Sasha Volokh, Stuart Benjamin, Todd Zywicki & Tyler Cowen.Last Updated: July 31, 2015 - Rank this Week: 9… [read post]
20 Jul 2015, 9:29 pm
Tuesday, July 21, 2014 | David Bernstein Critics of the most recent revision of U.S. school lunch nutrition standards claim that increased fruits and vegetables may mean increased plate waste. [read post]
20 Jul 2015, 12:46 pm
Let’s hear from two supporters of the agreement. [read post]
7 Jul 2015, 9:05 pm
You could see this coming: ACLU says its support for RFRA religious accommodation laws no longer applies in discrimination law context [David Bernstein] Root causes of violence: California anti-videogame, anti-gun pol Leland Yee cops a racketeering plea after spectacular arms-smuggling sting [Shackford/Reason, plea agreement via Popehat, earlier] FDA’s trans fat ban will have litigation implications [Glenn Lammi, WLF] And we mentioned the palm-oil angle earlier: “Why… [read post]
7 Jul 2015, 2:04 pm
Why do liberals generally believe that courts should intervene to protect so-called certain rights, like the right to marry or to terminate pregnancy, but not others, such as the right to pursue an honest livelihood? [read post]
6 Jul 2015, 2:37 pm
Co-blogger David Bernstein and I discussed this issue in some detail here. [read post]
1 Jul 2015, 8:53 am
See David Bernstein, “A regrettable Eleventh Circuit expert testimony ruling, Adams v. [read post]
1 Jul 2015, 8:27 am
The Democratic establishment spin machine has been in full-spin mode over former Israeli ambassador to the United States Michael Oren’s memoir, Ally, which is highly critical of Obama Administration policy. [read post]
29 Jun 2015, 8:35 am
Co-blogger David Bernstein has an an excellent article discussing the implications of the fact that Fisher is the first major affirmative action case where the primary beneficiaries of the challenged program are Hispanics rather than African-Americans. [read post]
28 Jun 2015, 7:27 am
How does Judge Posner reconcile his great fondness and respect for Justice Holmes’s famous dissent in Lochner v. [read post]
26 Jun 2015, 9:26 pm
David Bernstein has a lot to say about the continuity between Obergefell and the pro-individual-rights tradition of jurisprudence overthrown by the New Deal. [read post]
26 Jun 2015, 4:59 pm
And, as co-blogger David Bernstein and Ryan Williams have shown, the right to freedom of contract was, from early on, understood as an important element of the liberty protected by the Due Process Clause of the Fourteenth Amendment, and its analogues in state constitutions. [read post]
26 Jun 2015, 1:35 pm
., Colby & Smith, supra at 527; DAVID E. [read post]
26 Jun 2015, 12:41 pm
It’s a long (though eminently readable) opinion; it cites our own Ilya Somin (including both a law review article of his and a post on this very blog) and David Bernstein, but it begins with this quote from Frederick Douglass: To understand the emotion which swelled my heart as I clasped this money, realizing that I had no master who could take it from me — that it was mine — that my hands were my own, and could earn more of the precious coin …. [read post]
26 Jun 2015, 10:24 am
The ACLU was one of the primary proponents of the Religious Freedom Restoration Act, and has used the Act in litigation to protect religious freedom. [read post]
26 Jun 2015, 10:14 am
(REUTERS/Joshua Roberts) Today’s Supreme Court decision on same-sex marriage is a great result, but based on dubious reasoning. [read post]
26 Jun 2015, 9:57 am
However, thirty-plus years of scholarship, including many articles and such books as Howard Gilman’s “The Constitution Besieged,” David Mayer’s “Liberty of Contract,” Michael Phillips’s “The Lochner Court: Myth and Reality,” and my own “Rehabilitating Lochner“ soundly rebut each of Roberts’s assertions. [read post]
