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25 Jun 2015, 2:16 pm
Now that Chief Justice Roberts has decided that the overall structure, intent, and viability of the Affordable Care Act is more legally salient than its actual language, it’s worth pausing a moment to remember how the law was passed, and why various inconsistencies, ambiguities, internal contradictions, and other problems were not just predictable but inevitable. [read post]
23 Jun 2015, 10:31 am
UPDATE: David Horovitz, one of the very best commentators on Israel-related affairs, has some choice words for Ms. [read post]
22 Jun 2015, 7:44 am
The Supreme Court rules that requiring raisin growers to turn over a percentage of their raisins to the government constitutes a taking, and that “just compensation” consists of the market value of those raisins. [read post]
18 Jun 2015, 9:30 am by azatty
(And let’s not forget the Washington Post’s own publisher Katharine Graham and reporters Bob Woodward and Carl Bernstein.) [read post]
15 Jun 2015, 5:18 pm
As Colby and Smith note, one of the works that has played a key role in reviving debate over Lochner and constitutional protection for economic liberties more generally is co-blogger David Bernstein’s important 2011 book, Rehabilitating Lochner. [read post]
11 Jun 2015, 2:42 pm
” Or go back to 2007, when Yale University professor David Bromwich took an innocuous statement by Elliott Abrams to the effect that Jews, as a minority religion bound by a unique covenant, stand somewhat apart from the rest of society unless they live in Israel, and claimed that Abrams had written that Israel is a “country with which he confessed himself uniquely at one,” an interpretation that it’s hard to believe a professor of English could come up with… [read post]
6 Jun 2015, 3:22 pm by Schachtman
See David Bernstein, “A regrettable Eleventh Circuit expert testimony ruling, Adams v. [read post]
2 Jun 2015, 5:58 pm
That’s the title of my recent George Mason Law Review article, now available on SSRN. [read post]
27 May 2015, 7:27 am
Last week I noted the president’s nostalgia for the Israel of Golda Meir, Moshe Dayan and the kibbuztim, an Israel that Obama says inspired his admiration for the country. [read post]
12 May 2015, 5:26 am
Brochure here.Speakers will include Professor Mark Lemley of Stanford Law School (Patent Law Update), David Bernstein of Debevoise & Plimpton LP (Trademark), Ian Ballon of Greenberg Traurig, LLP (Copyright), and a host of other speakers and panelists.The TTABlogger will be discussing ........ wait for it!.......... [read post]
10 May 2015, 11:01 am
Every so often, the headline of a New York Times article reveals in an uncomplimentary way the underlying ideological blinders that guide the newspaper’s implicit editorial line. [read post]
6 May 2015, 7:39 am by Brian Leiter
" Even David Bernstein (George Mason), right-wing defender of the Jews against everyone (including other Jews), has noted our political diversity (scroll down to the update... [read post]
4 May 2015, 10:01 pm by Cathy Siegner
“It was the best of times, it was the worst of times … ” So begins “A Tale of Two Cities,” the famous novel by Charles Dickens about events leading up to the French Revolution. [read post]