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5 Mar 2014, 12:27 pm
VC: 3/4/2014: Obama kills the peace process. [read post]
4 Mar 2014, 8:04 am
The Obama administration started bombing Libya a few years back without Congressional authorization. [read post]
4 Mar 2014, 7:40 am
A cogent analysis from Jonathan Tobin. [read post]
3 Mar 2014, 8:05 pm
[Bryan Caplan] “Regulation through Boilerplate: An Apologia” [Omri Ben-Shahar, SSRN] Stephen Yeazell on the declining political salience of the tort reform issue [SSRN] The “record of the elite defense bar with regard to the law of expert testimony… not a happy history” [David Bernstein, more] “The Misbegotten Judicial Resistance to the Daubert Revolution” [same] “Turning litigation into a business is corrosive”… [read post]
27 Feb 2014, 7:58 am
[DB: As regular readers know, I have long expressed concern that antidiscrimination principles are gradually infringing on civil liberties, including freedom of religion. [read post]
19 Feb 2014, 7:08 pm
To continue my occasional side comments on Will Baude’s originalism posts, my view (and what I tell my students) is that in practice the choice in interpreting the Constitution, at least when it comes to Supreme Court decisions, is not really “originalism versus non-originalism” but “how much weight do we give orignalism? [read post]
19 Feb 2014, 5:18 pm
Advocates of an economic and cultural boycott of Israel often compare their cause to the international boycott of South Africa in the 1980s, with “Israel’s occupation of Palestinian land” deemed an analogous crime to South Africa’s apartheid. [read post]
19 Feb 2014, 4:14 pm
According this article, ADL surveys show that “approximately 12 percent of Americans hold deeply entrenched anti-Semitic views. [read post]
12 Feb 2014, 4:38 pm
New York Mayor Bill de Blasio said he’d be available to help out AIPAC, the mainstream–by which I mean it has by far the most broad-based support of any such group–pro-Israel lobby. [read post]
9 Feb 2014, 8:56 pm
Cato Unbound is hosting an online discussion on “judicial restraint,” with the lead essay by recent VC guest blogger Tim Sandefur. [read post]
30 Jan 2014, 7:21 am
” The contributors to A Conspiracy Against Obamacare are Randy Barnett, Jonathan Adler, David Bernstein, Orin Kerr, David Kopel, and Ilya Somin. [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]
26 Jan 2014, 10:01 pm
In my earlier exchange with David Bernstein about originalism and precedent, he asked me if I could name any prominent originalists who are in favor of “compensating adjustments” — i.e., thinking holistically about the effect that non-originalist precedents can have on other aspects of the constitutional structure. [read post]
26 Jan 2014, 3:43 pm
You haven’t been divorced, you’ve been given the opportunity to change to a better spouse. [read post]
23 Jan 2014, 9:47 am
I appreciate co-blogger David Bernstein’s response to my post on originalism and precedent. [read post]
22 Jan 2014, 5:32 am
It features three of my old George Mason profs (although David Bernstein is the only one I actually had for class).Unfortunately, it will be behind a paywall (booooo), but not for six months (yaaaaayyyyy), but then you'll have to pay (boooooo), unless you access it via .edu or .gov domains, via RSS feed, or via Twitter (yaaaayyyyy).This gives blawgers hope that their content may one day reach a large audience in the big leagues of mainstream media. [read post]
21 Jan 2014, 6:06 am
(David Bernstein) This book, by journalist Charlie Savage was published six years ago, but I just finished it. [read post]
20 Jan 2014, 11:28 am
(David Bernstein) I think President Obama has been better to Israel than his critics acknowledge, and has been very pro-Israel by any standard except perhaps that of the prior two presidents, who were the most pro-Israel of any American presidents. [read post]
19 Jan 2014, 2:16 pm
See David Carr, When Truth Survives Free Speech, N.Y. [read post]
17 Jan 2014, 8:27 pm
A sweeping article by George Mason University Law Professor David Bernstein, pointed out that, fantastically, many judges were either unaware of the amendment to one of the most important rules of evidence (really?) [read post]
