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3 Sep 2013, 9:07 am by David Bernstein
(David Bernstein) In my recent academic work on expert testimony, I’ve emphasized the problem of “adversarial bias,” bias that arises because experts are chosen (and paid) by a partisan party to the litigation. [read post]
14 Dec 2013, 9:46 am by David Bernstein
(David Bernstein) Here’s the hypothetical: Shlomo Cohen has been blessed with a son, but he lives in San Francisco, where there is a vocal anti-circumcision movement. [read post]
16 Jun 2009, 4:16 am
"But the commenters to Bernstein's post are all over the lot. [read post]
11 Mar 2017, 10:44 am by David Bernstein
(Bernstein uses Arab to mean Muslim, though of course not all Arabs are Muslims). [read post]
11 Mar 2009, 9:26 am
"The Sunday San Antonio Express-News carried David Hendricks', "Reveiw: A Saint on Death Row. [read post]
8 Jun 2020, 6:14 am by David Bernstein
The tumult over needed police reform reminded me of an idea I had a long time ago, but never wrote up. [read post]
4 Nov 2014, 10:11 pm
Democratic pollster Anna Greenberg on NPR stated (hopefully at the time) that exit polls showed the electorate to be less conservative, and less white, than in 2010. [read post]
4 May 2015, 4:59 pm
Back in 2008, I wrote the following:  I find anti-Israel blogger Philip Weiss morbidly interesting, and I occasionally happen upon his blog. [read post]
29 Jan 2020, 11:00 am by David Bernstein
[Despite the constant refrain from both the left and right (blaming each other), a new ADL survey shows that antisemitism in the U.S. has not risen.] [read post]
2 Apr 2015, 2:37 pm
With the recent and continuing hulabaloo over conflicts between antidiscrimination laws and freedom of religion, the charge inevitably arises that anyone who is opposed to, or even skeptical of, antidiscrimination laws that apply to private parties–which means most people who identify themselves as libertarians–is effectively not pro-liberty, but pro-discrimination. [read post]
13 Oct 2022, 5:59 am by David Bernstein
Two 2019 alumni of Berkeley Law School, Nir Maoz and Olivia Wittels, are concerned that the recent attention given to the "no speakers who support Israel's existence" rule adopted by nine student groups at the law school is giving people a false impression of the school. [read post]
25 Aug 2009, 1:08 pm
who have been named Foundation Professors at GMU School of Law!... [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]
11 Dec 2023, 5:51 am by David Bernstein
A bit lost in the controversy over antisemitic speech on campus is the failure of university administrators to enforce existing rules that are content-neutral. [read post]
22 Aug 2020, 8:28 am by David Bernstein
[The New York Times, once very careful about mixing news and opinion, is now an overtly partisan newspaper] I've been reading the New York Times since fifth grade, and the quirks I've noticed over the years have been interesting. [read post]
28 Mar 2015, 1:24 am
I was pretty shocked to find the following email in my inbox: Dear Fellow Members of the Virginia State Bar, Certain members of the Virginia State Bar and other individuals have expressed objections to the VSB’s plan to take the Midyear Legal Seminar trip in November to Jerusalem. [read post]
28 Oct 2019, 6:53 am by David Bernstein
I've always wondered why no one has challenged government ethnic/racial preference programs on the grounds that the categories used by the government are incoherent. [read post]
27 Jan 2014, 3:34 am
I think co-blogger Will is right that originalism per se doesn’t dictate specific solutions to the problems I raised last week. [read post]
12 May 2016, 2:25 pm by David Bernstein
South Texas law professor (and my former constitutional law student) Josh Blackman has a very useful summary in National Review of Donald Trump’s lack of respect for the Constitution and the threat this poses to the rule of law if he’s elected. [read post]
3 Jun 2020, 11:27 am by David Bernstein
[People who were insisting that public gatherings, even for funerals, were grave, completely unacceptable threats to public health that must be harshly suppressed are supporting public protests over racism.] [read post]