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12 Dec 2014, 4:12 am
” asks David Bernstein, professor of Law, George Mason University School of Law and also a Yale Law alumnus. [read post]
29 Mar 2011, 11:09 am by Mike Scarcella
Debevoise litigation partner David Bernstein in New York argued for Cubaexport in the D.C. [read post]
12 May 2011, 6:19 am by David Oscar Markus
David; Hedrick, Charles V.; Lever Jr., Chauncey W.; Adams, Christi; Griffin, Christopher L.; Kise, Christopher M.; Creely, Curt P.; Bachrach, Daniel (Dan); Zenov, Darin I.; Cook, David C.; Woodson, R Duke; Baxa Jr., Edmund T.; Lotzia, Emerson M.; Magee, Emily; Cerezo, Francisco J.; Ridley, Fred S.; Davis, Gardner F.; Koch, Gary D.; Fernandez-Quincoces, Guillermo J.; Raij, Irwin P.; Arkin, J. [read post]
26 Oct 2022, 7:40 am by David Bernstein
In 1978, the Supreme Court issued its first significant affirmative action judgment in Bakke. [read post]
20 Aug 2023, 5:56 pm by David Bernstein
Looking at the underlying facts in major cases in the Supreme Court and circuit court cases, we see that Black Americans have always been eligible, the Mexican American classification expanded into all Hispanics, Asian Americans and subgroups thereof were initially eligible, but later were considered "over-represented" and therefore at best ineligible for preferences, if not subject to higher standards than white applicants. [read post]
4 Jan 2022, 10:10 am by David Bernstein
In the course of the research for my forthcoming book, Classified: The Untold Story of Racial Classification in America (now available for pre-order!) [read post]
5 Nov 2018, 1:58 pm by David E. Bernstein
The percentage of Americans with anti-Semitic attitudes has been stable, but anti-Semites are more active, more visible, and more willing to express their views than in the past.I've been hearing from Jewish friends I respect, even before the Pittsburgh shooting, that they perceive that anti-Semitism is on the rise in the U.S. [read post]
28 Jul 2022, 9:50 am by David Bernstein
[Two new postings of my work on SSRN] For those who want to try before they buy, I've posted the Introduction to Classified: The Untold Story of Racial Classification in America at SSRN. [read post]
1 Jun 2022, 5:19 am by David Bernstein
[A Wall Street Journal article suggests that pulse oximeters mismeasure blood oxygen levels in American minority populations, but the article fails to ask some important questions.] [read post]
22 Jan 2025, 6:48 am by David Bernstein
This is radical stuff, at least relative to the status quo in the government for decades: 01/21/25 EXECUTIVE ORDER ENDING ILLEGAL DISCRIMINATION AND RESTORING MERIT-BASED OPPORTUNITY By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1. [read post]
6 Jul 2023, 5:22 am by David Bernstein
Frank writes in the Wall Street Journal: In a dissent from last week's ruling against racial preferences in college admissions, Justice Ketanji Brown Jackson enumerated purported benefits of "diversity" in education. [read post]
17 Mar 2024, 9:02 am by David Bernstein
Over my 20+ years of blogging at Volokh, commenters have often questioned why I focused my attention on what I saw as unfair attacks on Israel, rather than on Israeli policies I disagreed with that might be obstacles to a future peace deal. [read post]
25 Mar 2023, 2:10 pm by David Bernstein
The federal Office of Management and Budget has requested comments on several proposals to change the official federal racial and ethnic classifications. [read post]
30 Apr 2018, 9:28 am by David E. Bernstein
USC law professor Michael Simkovic has a blog post up at Leiter Law School Reports which I can charitably deem "remarkable. [read post]
17 Oct 2022, 5:00 am by David Bernstein
I was a bit perplexed that in defending YLS's commitment to free speech, Dean Gerken noted that "the faculty revised our disciplinary code and adopted a policy prohibiting surreptitious recordings that mirrors policies that the University of Chicago and other peer institutions have put in place to encourage the free expression of ideas. [read post]
6 Oct 2024, 7:22 am by David Bernstein
I was asked this question at a panel of the recent Israeli American Council national conference, and here is how I responded: As a rule, the act of boycotting is not constitutionally protected, because it's considered an economic act, not a matter of free expression. [read post]
13 Oct 2023, 6:28 am by David Bernstein
This was circulated to the law school community on Monday, so no excuses about it being an initial visceral reaction to be re-thought as a scope of the massacre became clear. [read post]