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1 May 2023, 4:19 am
This bad: The documents show how Scalia Law has offered the justices a safe space in a polarized Washington — an academic cocoon filled with friends and former clerks, where their legal views are celebrated, they are given top pay and treated to teaching trips abroad, and their personal needs are anticipated, from lunch orders to, in Justice Gorsuch's case, house hunting. [read post]
11 Jan 2024, 12:27 pm
The complaint contains detailed allegations of hostile environment, breach of contract, and disparate treatment. [read post]
[David E. Bernstein] Is Ford's Credibility Undermined by Her Refusal to Produce Her Therapy Records?
2 Oct 2018, 3:10 am
An exchange I had with a fellow law professor revealed disagreement over whether Christine Ford's refusal to turn over any of her records of the therapy sessions in which she discussed the alleged incident involving Brett Kavanaugh, even in redacted form, to the Senate Judiciary Committee, undermines her credibility. [read post]
9 Nov 2022, 5:56 am
I was asked to give some brief remarks on the affirmative action cases at a panel discussion at the University of Baltimore today. [read post]
2 Apr 2024, 6:08 am
[A new study says yes, but it has some serious problems.] [read post]
14 Mar 2023, 5:49 am
[Harvard and UNC's defense is based on the perceived need for racial diversity; but how do they justify treating "Hispanic" as a Racial Classification.] [read post]
8 Jul 2023, 5:57 am
Imagine you were a black or Hispanic applicant who did not want to be given a racial/ethnic preference when applying to Harvard. [read post]
6 Jul 2023, 6:32 pm
OK, she said it in 2006 as a dean, not a Justice, and about women and law review membership at Harvard, not SFFA and minority admissions, but I would be interested in knowing why she has expressed this concern about women, but not URMs. [read post]
30 Jun 2022, 9:51 am
As discussed in my forthcoming book Classified (out in less than 3 weeks!) [read post]
7 Dec 2021, 4:23 pm
[For that matter, while people accept Hispanic and Latino as secondary identifies, most prefer to be labeled "just American" or by their country of origin.] [read post]
24 Jan 2022, 3:40 pm
Affirmative action in higher education raises all sorts of interesting legal, political, and ethical issues. [read post]
5 Nov 2018, 6:18 pm
Join us to see Eugene Volokh, Nadine Strossen, and moderator Brad Smith discuss the Emerging Issues in Free SpeechVolokh Conspiracy readers are invited to a conversation with two renowned First Amendment experts, the VC's own Eugene Volokh and Nadine Strossen (former president of the ACLU). [read post]
17 Jul 2024, 9:24 am
Note from DB: I was going to post something about my visit to the South during the lawprof fact-finding mission I attended, by my colleague Adam Mossoff posted an incredibly thoughtful and well-written account of that day on Facebook that sums up what I wanted to say and more. [read post]
1 Apr 2022, 12:44 pm
There have been conflicting accounts of the infamous March 10 protest of a Yale Federalist Society event. [read post]
5 Mar 2025, 8:13 am
[My new article is available on SSRN] You can download it at this link. [read post]
2 May 2025, 5:44 am
[Harvard continues to beclown itself.] [read post]
31 Oct 2007, 7:45 am
J. 44 *** David B. [read post]
24 Jan 2016, 12:30 am
Bernstein, George Mason Law, has reviewed The Workplace Constitution: From the New Deal to the New Right, by former guest blogger Sophia Z. [read post]
23 Feb 2024, 9:30 pm
Update: Dean Post discusses the book on a Digging a Hole podcast with David Schleicher and Samuel Moyn.Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. [read post]
26 Jan 2015, 12:27 pm
At least two of them will have hit mandatory retirement based on their age: Judge Genden and Judge Rodriguez-Chomat.On Friday, January 16, 2015, former Judge David Young filed to run in Group 39, Rodriguez'-Chomat's group. [read post]