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18 Jul 2012, 5:32 pm
(David Bernstein) Smith: But here’s the question to ask — how many more successful businesses, inventions, products, services, toys, tools, insights, and just plain fun would there be, if government did not in the first place make it so ridiculously difficult to start a business and keep it going? [read post]
16 Nov 2010, 8:03 pm
” [Editor’s note: I haven’t followed, or for that matter even been aware of, the latter controversy.] [read post]
8 Jan 2014, 5:00 am
LWCC moved to dismiss for lack of subject-matter jurisdiction. [read post]
9 Apr 2012, 8:57 am
(David Bernstein) The New York Times has up a post by Philip Kitcher, John Dewey Professor of Philosophy at Columbia University, on Social Darwinism. [read post]
5 Jul 2010, 7:13 pm
(David Bernstein) and his call for a new progressive constitutionalism, modeled on the old, New Deal-style progressive constitutionalism. [read post]
1 Apr 2012, 7:46 pm
And isn’t that all that matters, in the end? [read post]
1 Sep 2010, 5:56 am
” The results: CPI, Media Matters, and NCRP are ALL Soros (and other left wing foundation) funded groups. [read post]
12 Sep 2011, 7:15 am
(Ilya Somin) I agree with most of co-blogger David Bernstein’s advice to aspiring law professors. [read post]
5 Apr 2012, 12:01 pm
(David Bernstein) From the Attorney General’s letter to the Fifth Circuit: Where a plaintiff properly invokes the jurisdiction of a court and presents a justiciable challenge, there is no dispute that courts properly review the constitutionality of Acts of Congress. 2. [read post]
22 Jun 2011, 12:04 pm
(David Bernstein) There’s been a very interesting back and forth between Allison Benedikt, author of a rambling but widely discussed piece on her disillusionment with Israel, and Jeffrey Goldberg of The Atlantic. [read post]
30 Jun 2012, 10:32 am
How many thirty-something DC lawyers, no matter how strong their credentials, censor their private conservations because they think they may be nominated to the Supreme Court someday? [read post]
21 Feb 2011, 5:01 am
(David Bernstein) Last week, I noted that Human Rights Watch had appointed Shawan Jabarin to its Middle East Advisory Board. [read post]
15 Mar 2012, 2:04 pm
(David Bernstein) RL: Modern conservative constitutionalists, meanwhile, though dissenters in some ways from the orthodox interpretation of American constitutional history, also want to see themselves as part of a seamless jurisprudential tradition, and they venerate some of the same Progressive heroes as their liberal adversaries do…. [read post]
18 Jul 2022, 6:53 am
ZALKIND DUNCAN & BERNSTEIN LLP is hiring an associate to join our premier Boston criminal defense and civil litigation boutique. [read post]
22 Jul 2010, 7:27 pm
Jared Bernstein’s position as an unpaid adviser and surrogate shows that there was at least one direct link between JournoList and the Obama campaign. [read post]
9 Mar 2023, 7:46 am
ZALKIND DUNCAN & BERNSTEIN LLP is hiring an associate to join our premier Boston criminal defense and civil litigation boutique. [read post]
30 Jun 2010, 6:57 pm
(David Bernstein) To follow up on Ilya’s post below, it’sworth noting that the post-World War II politician of national significance probably most beloved by libertarianish types (libertarianism was not a self-conscious movement until recently) was Sen. [read post]
8 Feb 2012, 4:46 am
(David Bernstein) Last week, Eugene blogged about the Ninth Circuit’s opinion in Fair Housing Council v. [read post]
13 Dec 2010, 6:44 pm
Conflating these doctrines allowed legal scholars—and, for that matter, Supreme Court Justices—to elide debate over the meaning of the relevant constitutional provisions, and to reject out of hand the notion that the Old Court may have interpreted some of them correctly as a matter of text and history. [read post]
17 Apr 2011, 9:53 am
Conflating these doctrines allowed legal scholars—and, for that matter, Supreme Court Justices—to elide debate over the meaning of the relevant constitutional provisions, and to reject out of hand the notion that the Old Court may have interpreted some of them correctly as a matter of text and history.Consider that quote in light of the following from an amicus brief filed by Professors Walter Dellinger and H. [read post]
