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17 Jan 2007, 9:47 am
  (David Bernstein has also published extensively on the subject at the Volokh Conspriracy and in the Wall Street Journal.) [read post]
12 Jun 2012, 5:29 am by David Bernstein
(David Bernstein) The current issue of The New Yorker has an article by Jill Lepore on the history of the Supreme Court’s struggle for independence. [read post]
13 Jan 2012, 4:49 pm by David Bernstein
(David Bernstein) There has been a controversy brewing over allegations that several bloggers at the liberal Center for American Progress have used anti-Semitic rhetoric when criticizing Israel and its American Supporters. [read post]
29 Jun 2012, 9:27 am
"There has been tons of speculation in the last day that Chief Justice Roberts changed his vote at some late stage in the Affordable Care Act case," writes Orin Kerr, linking to his Volokh co-blogger David Bernstein's 2 posts on the tantalizing meme. [read post]
16 Apr 2011, 6:19 am by David Bernstein
(David Bernstein) Via Althouse, I learn the following from Jake Tapper:One rider [to the bill] – Section 2262 — de-funds certain White House adviser positions – or “czars. [read post]
27 Oct 2016, 3:52 pm by Zalkind Duncan & Bernstein LLP
David Duncan is also listed for both white-collar and non-white-collar criminal defense, and Inga Bernstein is listed for non-white-collar criminal defense and employment law. [read post]
10 Jul 2014, 8:19 am
Left-wing Jewish writer Peter Beinart has publicly posted the following on Facebook: No Israelis have yet been killed in the latest round of Hamas rocket fire, thank God. [read post]
2 May 2016, 12:19 pm by David Bernstein
I haven’t blogged for a while, but I wanted to take this opportunity, with the Republican Party establishment increasingly slinking toward Trump, to express my solidarity with the NeverTrump movement. [read post]
13 Dec 2018, 12:14 pm by David E. Bernstein
Here is the abstract: This Response addresses Professors Joseph Fishkin and David Pozen's Asymmetric Constitutional Hardball. [read post]
25 Jun 2011, 6:27 pm by David Bernstein
(David Bernstein) Imagine a twentieth century Justice who was a Social Darwinist; who had a self-proclaimed disdain for facts, and who often substituted flip aphorisms for legal analysis; who was the most hostile Justice of the century to the rights of African Americans, dissenting even in cases invalidating peonage laws as violations of the Thirteenth Amendment; who showed virtually no interest in civil liberties, dissenting, for example, from the Court’s decision… [read post]
28 Mar 2012, 2:44 pm by David Bernstein
(David Bernstein) In his closing remarks at today’s oral argument over the Medicaid expansion, SG Verrilli  urged the Court, nothwithstanding concerns about limiting the federal government, to uphold not just the Medicaid provision but the entire ACA. [read post]
27 Oct 2013, 1:23 pm by Ilya Somin
(Ilya Somin) In a recent post, co-blogger David Bernstein asks whether political ignorance (voters’ lack of knowledge) matters, or only political irrationality (voters’ biased evaluation of the information they do know). [read post]
5 Dec 2023, 8:03 pm by Dennis Crouch
Program co-chairs Scott Alter (Michael Best) and David Bernstein (Debevoise) have once again assembled an impressive roster of speakers including prominent attorneys, government officials, judges, and in-house counsel. [read post]
2 Aug 2013, 9:30 pm by Dan Ernst
Bernstein's appreciation of Edmund Morgan for H-law is here. [read post]
22 Jul 2020, 10:49 am by Rebecca Tushnet
The four panelists are: David Bernstein, Partner, Debevoise & Plimpton, LLP.Prof. [read post]
3 Dec 2018, 8:17 am by Howard Friedman
Hudson, Justice Kennedy and the First Amendment, (9 HLRe 49 (2019)).David Eliot Bernstein, The Boundaries of Antidiscrimination Laws, (George Mason University Legal Studies Research Paper No. [read post]
15 Mar 2013, 9:30 pm by Karen Tani
Bernstein on "The Sequester and the Civil War: A Historical What-If with Lessons for Today." [read post]